1 00:00:05,250 --> 00:00:18,510 Karla Montenegro Gonzalez: Good evening, everyone. Thank you for waiting for our webinar. We are all ready... now. Before starting, I would like to point out two main things for this webinar. 2 00:00:19,290 --> 00:00:29,010 A Spanish interpretation is readily available on the bottom of your screen, under interpretation. Today we have a Spanish interpreter with us. 3 00:00:31,320 --> 00:00:40,560 Hoy en dia les vamos a traer a una interpretadora y si ustedes quieren escuchar esta presentacion en Espanol, pueden 4 00:00:41,580 --> 00:00:49,230 clickear en el boton que esta abajo de su Zoom, que dice "Interpretation" y ustedes pueden seleccionar en Espanol. 5 00:00:52,440 --> 00:01:04,470 Today we're going to be talking about potential immigration relief options for the undocumented community, and I would like to introduce you all Patrick Martinez, who is here with the UFW Foundation. 6 00:01:06,810 --> 00:01:13,410 Patrick Martinez: Thank you Karla. Good evening, everyone. As Karla mentioned my name is Patrick Martinez that I'm a staff attorney with 7 00:01:13,680 --> 00:01:14,970 the UFW Foundation. 8 00:01:15,390 --> 00:01:25,020 I'm one of the staff attorneys responsible for providing immigration legal services to your campus as part of a collaboration between the UFW Foundation 9 00:01:25,530 --> 00:01:33,600 and your campus. And so we're here this evening to provide you with some information in conjunction with those services about 10 00:01:34,560 --> 00:01:41,550 common immigration relief options that may be available to you, provide some information about the specific requirements 11 00:01:42,060 --> 00:01:52,710 for those processes in the event that, that is something that you may potentially be eligible for and for the reason of allowing you to seek out more information and more assistance with those processes. 12 00:01:53,310 --> 00:01:58,830 So without further ado, we can go ahead and get started with the presentation. Next slide please? 13 00:02:00,360 --> 00:02:08,790 And before we get into the more substantive information, just providing you a brief summary of the topics. [Karla]: Patrick? 14 00:02:10,140 --> 00:02:10,530 Patrick: Yes? 15 00:02:10,650 --> 00:02:15,960 Karla: Sorry to interrupt you, but up the Spanish interpreter is having some trouble hearing you. 16 00:02:18,780 --> 00:02:28,110 Patrick: Okay. Is my volume appearing a little bit low there, or is it coming across with some measure of interference? 17 00:02:34,560 --> 00:02:37,920 Karla: Patrick, she's asking if you have a mic or a loose headset? 18 00:02:40,080 --> 00:02:50,250 Patrick: I can switch over to a headset with a mic with an additional headset. I haven't had any difficulties with this one, but I can go ahead and switch over this one. 19 00:02:51,690 --> 00:02:54,150 Karla: Yes, if you can switch it will be, it will work. 20 00:02:56,220 --> 00:03:00,810 Patrick: Okay great. Okay just a second, I will go ahead and do that as quickly as I can. 21 00:03:02,340 --> 00:03:04,200 Karla: Thank you everyone for working with us. 22 00:03:36,960 --> 00:03:43,560 Patrick: Okay, I switched over to an alternative headset. Is the audio coming across a little bit better there? 23 00:03:46,170 --> 00:03:47,250 Karla: Yes, thank you. 24 00:03:47,700 --> 00:03:49,470 Patrick: Course, great. Well, 25 00:03:50,760 --> 00:03:54,510 then we can go ahead and continue from where we left off. 26 00:03:55,200 --> 00:04:07,860 The presentation today then is, a presentation, during which we will provide you some information about common immigration relief options that may be available to you by considering 27 00:04:08,520 --> 00:04:20,910 the spectrum of immigration processes that are available at this moment in time, and those which are most often sought out, then we'll get started by first reviewing the sources of immigration law, 28 00:04:21,990 --> 00:04:26,910 and then we will briefly provide you some information about the services that are currently being provided 29 00:04:27,270 --> 00:04:44,130 to your campus and take an opportunity as well to answer any of the questions that you may have after this presentation, and we do ask that you hold your questions until the end of the presentation, and if you would like to make a question to ask a question that you do, 30 00:04:46,050 --> 00:04:54,090 that you do ensure that any information that you include in your question is general in nature, that you do not provide any personal information. 31 00:04:54,690 --> 00:05:07,050 Anyone with a more individualized question, we do ask that you reach out to us for a more individualized session so that we can adequately address that question at that moment in time. Next slide please? 32 00:05:10,260 --> 00:05:18,780 And so as I mentioned before we get started then with a brief review of the sources of immigration law. Next slide please? 33 00:05:20,280 --> 00:05:23,190 Accordingly, then it's important to consider that 34 00:05:24,390 --> 00:05:41,130 at its most at the most basic level, immigration law such as we know it at this moment in time is something that originates with the Federal Constitution and that originates with the enactments of the Congress of the Federal Congress and 35 00:05:42,300 --> 00:05:43,560 is something that 36 00:05:44,820 --> 00:05:51,420 does draw connection, a direct connection to the Federal Constitution and that the Federal Constitution does 37 00:05:51,750 --> 00:06:06,030 de-market a line in between the duties and powers of the federal government and the state government, and does draw a line between the powers of the different branches of the federal government. Next slide please? 38 00:06:08,640 --> 00:06:11,280 And accordingly, important to note that 39 00:06:11,970 --> 00:06:24,930 there is a direct connection with the provisions of the Federal Constitution, and in reading the text of the Constitution, you might be able to identify terms that continue to be used in immigration law at this moment in time, 40 00:06:25,530 --> 00:06:34,350 but you will likely not be surprised to find that there is no mention of DACA anywhere in the Constitution and that is due to the fact that well, 41 00:06:35,100 --> 00:06:44,400 something like the Federal Constitution and the enactment of Congress are sections of the last sources of the law that are important to immigration law, 42 00:06:44,790 --> 00:06:52,200 and our foundation, foundational concepts and authorities, immigration law, such as we know that at this moment in time 43 00:06:52,770 --> 00:07:00,060 is something that is greatly affected by the Executive Branch of government, while the Federal Congress does make enactments, 44 00:07:00,600 --> 00:07:18,030 it is the Executive Branch that is charged with enforcing and putting those enactments into effect, and for that reason, it is the immigration agencies that fall within the Executive Branch that are responsible for creating regulations, creating 45 00:07:19,860 --> 00:07:35,850 rules, creating the forms, creating the policies and the instructions that a person follows, in dealing with an immigration agency and in contending with an immigration process, that they are interested in pursuing. Next slide please? 46 00:07:40,200 --> 00:07:42,540 And so, in considering that 47 00:07:43,950 --> 00:07:50,250 much of the policies, and the regulations, and the rules that we need to follow and pursuing an immigration process, 48 00:07:51,210 --> 00:08:00,720 that those authorities are authorities that originated with the federal immigration agencies, we get started then by first looking at 49 00:08:01,590 --> 00:08:13,200 the immigration, the spectrum of immigration options that are available to a person at this moment in time, and more specifically at the most commonly sought out immigration options. Next slide please? 50 00:08:14,970 --> 00:08:24,090 And at this juncture then important to identify that there is a spectrum of immigration relief options that is available 51 00:08:24,390 --> 00:08:32,670 to someone who is interested in immigrating to the United States or achieving a change in immigration status and that 52 00:08:33,420 --> 00:08:38,340 there is a status which permits, there are statuses that permit someone to 53 00:08:38,850 --> 00:08:50,190 work and live in the United States in a more permanent fashion and there is a differentiation between the immigration statuses that are more permanent, just as there are immigration statuses 54 00:08:50,670 --> 00:09:02,190 within the spectrum of immigration relief options that are more limited or more temporary in fashion, and accordingly we review some of the most commonly sought out immigration benefits 55 00:09:02,940 --> 00:09:11,040 amongst the spectrum of immigration relief options, some benefits which are more temporary in nature, some which 56 00:09:11,760 --> 00:09:21,660 are more permanent in nature and have a pathway to lawful permanent residents, and some which also have a pathway to citizenship as 57 00:09:22,440 --> 00:09:34,410 also, and in conjunction with that also considering naturalization itself, the highest benefit, which the immigration law, such as it exists at this moment in time and the processes there of 58 00:09:34,860 --> 00:09:41,280 the highest benefit that can be accorded pursuant to those authorities and those processes. Next slide please? 59 00:09:42,990 --> 00:10:02,430 And we commence then with a immigration program or immigration process that is more temporary in nature, more limited in terms of the benefits that it can accord. That is a program and known has Deferred Action for Childhood Arrivals, more commonly known as DACA. Next slide please? 60 00:10:03,600 --> 00:10:13,110 And we begin our discussion of DACA by first reviewing a bit of its history, by first noting that is a program that was started during the Obama Administration, 61 00:10:13,650 --> 00:10:26,790 back in 2012, through a memorandum promulgated by the then Acting Secretary of the Department of Homeland Security, Janet Napolitano, and a memorandum promulgated 62 00:10:27,840 --> 00:10:38,610 in June 15 of 2012, it was indicated that certain qualifying individuals would be eligible for a set of benefits that would 63 00:10:39,030 --> 00:10:45,930 be limited in that it would not provide a pathway to permanent residence or to citizenship hereafter, but did accord. 64 00:10:46,680 --> 00:10:57,270 some really important benefits and valuable benefits to those that up to that point had only been able to live in the United States as undocumented individuals according that, 65 00:10:57,840 --> 00:11:07,590 the DACA program was a program that accorded to qualifying individuals a deferral of action, meaning that they were accorded protection for a period of time, 66 00:11:08,040 --> 00:11:20,880 protection from the enforcement of immigration laws that pertain to the removal of a person from the country, and in addition to that, a person who was accorded DACA was also a coordinate an accompanying employment authorization, 67 00:11:21,390 --> 00:11:35,250 and therefore, at its outset, the DACA program was able to accord an eligible individual DACA deferred action for a period of two years, with an accompanying employment authorization that would last for two years, and upon 68 00:11:36,420 --> 00:11:46,110 the expiration of those two years it would be possible so long as the individual continued to be eligible and had not carried out any misconduct that might 69 00:11:46,740 --> 00:11:52,560 put their eligibility in danger to renew that status and to renew for an additional 70 00:11:53,460 --> 00:12:07,020 period. We've experienced some limitations in the benefits that are accorded through this program more recently, and that through a member member and promulgated by the Acting Secretary of the Department of Homeland Security now, 71 00:12:08,100 --> 00:12:22,110 towards the end of July of this year, there was new information that was provided which indicated to us that whereas before DACA was accorded for a period of two years, now, it would only be unfortunately accorded for a period of one year. Next slide please? 72 00:12:24,660 --> 00:12:33,510 And in considering DACA, it's also important to note that DACA is a immigration benefit that originates with 73 00:12:34,500 --> 00:12:40,620 actions taken by the federal government. It is a federal program, a federal immigration program not 74 00:12:40,980 --> 00:12:55,800 a program that is related to state enactments like the Dream Act. It's not any, its not a benefit that is related to the Dream Act at the state level and that is an educational benefit and program that is available 75 00:12:56,970 --> 00:13:04,530 through the laws of a particular state. It is a immigration benefit that accords someone 76 00:13:05,580 --> 00:13:13,080 certain benefits such as deferral of action, and as well and accompanying employment authorization, and permits them to be in the United States 77 00:13:14,700 --> 00:13:25,290 with lawful presence, although it does not accord them a pathway to permanent residence or to citizenship, but it is not a immigration program that is affiliated with the 78 00:13:26,250 --> 00:13:31,980 educational benefits and programs that are accorded by certain states and as well, it is not a program that is affiliated 79 00:13:32,910 --> 00:13:48,540 with the federal legislation that seeks to accord a more lasting and permitted benefit to individuals that might be in a similarly categorized to those that are eligible for DACA. Next slide please? 80 00:13:51,060 --> 00:13:59,610 And then considering DACA, at this moment in time, it's important to note that it is a benefit that is only available to those that are DACA recipients 81 00:13:59,880 --> 00:14:07,830 meaning, those that have had one point been eligible for DACA, or continue to be eligible for DACA, and are still in a position to renew their DACA status, 82 00:14:08,190 --> 00:14:18,990 at this moment in time, unfortunately, it is not possible for someone to submit an application for DACA, even though they may be eligible if they have not been able to successfully apply in the past. 83 00:14:20,070 --> 00:14:25,950 We do not know what may occur in the future with this program and it is important to note that 84 00:14:26,400 --> 00:14:33,960 individuals who in the past, who've been DACA recipients and have seen that status lapse or have lost their eligibility, but have been able to mitigate 85 00:14:34,650 --> 00:14:39,750 that particular detail, they may be able to regain their eligibility for DACA then 86 00:14:40,170 --> 00:14:51,150 they might be able to submit them a new application for DACA an initial application, just as someone if there are changes to this program in the future maybe able to submit an initial application then. 87 00:14:51,750 --> 00:14:59,190 Important to consider what the requirements for the program are and these requirements were enumerated in the memorandum that was promulgated 88 00:15:00,060 --> 00:15:07,380 on June 15 of 2012 by the Secretary of the of the Department of Homeland Security, and in that memorandum, it was indicated to us that 89 00:15:08,160 --> 00:15:14,910 on an initial basis to be eligible for DACA, a person needed to have entered the United States prior to turning 16 years old. 90 00:15:15,540 --> 00:15:25,260 There was also an educational requirement and that the interested party needed to have been someone who was currently enrolled in school, a high school graduate, or someone who 91 00:15:25,950 --> 00:15:32,220 held a degree that was the equivalent of a high school diploma or was someone that was honorably discharged from the armed forces. 92 00:15:32,580 --> 00:15:40,200 As well, there were some requirements that went to physical presence in the United States and that it was necessary that an individual be 93 00:15:40,560 --> 00:15:50,970 specifically present on June 15 of 2012 and that they have began that residence in the United States, on June 15 of 2007 94 00:15:51,300 --> 00:16:00,600 at the very latest, and that they not have criminal history that would disqualify them from eligibility for this program, and that the person could not have been someone that 95 00:16:01,440 --> 00:16:09,180 was convicted of a felony or for certain types of misdemeanors, or four, three or more misdemeanors. And in addition to 96 00:16:09,870 --> 00:16:24,150 considering an individual's criminal history, there was also a requirement that an individual not be someone that was older than 30 years old or 30 years old on June 15 of 2012. Next slide please? 97 00:16:25,950 --> 00:16:35,610 And one successfully applying for DACA, an individual at that point in time will be able to renew their status, so long as the program continued and so at this moment in time, 98 00:16:36,330 --> 00:16:46,500 individuals that were able to successfully apply for DACA in the past, are able to continue to renew their DACA status, as we mentioned before, unfortunately, they can only renew for an additional year, 99 00:16:46,950 --> 00:17:01,860 but they still are able to take advantage of the program, which does accord important benefits, even if temporary, or not benefits that a court a pathway to permanent residents or to citizenship, 100 00:17:02,760 --> 00:17:09,990 such as those benefits are, but still accords real and important benefits, and that there is still a 101 00:17:10,530 --> 00:17:22,170 protection from removal actions and as well and accompanying employment authorization documents, and important to consider that the renewal process is a rather streamlined process in comparison with the 102 00:17:22,740 --> 00:17:38,670 process at initial basis, and that generally an individual who is a DACA recipient should be able to continue renewing their status so long as they haven't carried out conduct which may disqualify them as are certain types of criminal history or 103 00:17:39,690 --> 00:17:43,710 unpermitted trips outside the United States. Next slide please? 104 00:17:46,350 --> 00:18:00,630 So we leave DACA and we began to consider the immigration processes which might be able to record an individual who is eligible for them more lasting and permanent immigration status. Next slide please? 105 00:18:01,980 --> 00:18:07,680 And we do so by first entering into a discussion of family based immigration processes. 106 00:18:08,850 --> 00:18:14,550 As you can see on the slide before you, some of these processes, the names of these processes 107 00:18:15,090 --> 00:18:21,750 that a person pursues when undergoing a family based immigration process are Consular Processing and Adjustment of Status. 108 00:18:22,350 --> 00:18:33,330 Important to note that when someone pursues a family based immigration process, generally, that is going to be a process that has two phases, and the second part of the process 109 00:18:33,990 --> 00:18:39,030 is that where a person would have to complete either Consular Processing or Adjustment of Status. 110 00:18:39,330 --> 00:18:49,620 It's important to note the difference in between the two of those process in that Adjustment of Status is a process by which someone can directly pursue permanent residence, 111 00:18:49,950 --> 00:18:57,000 and can do so without having to leave the United States, they can complete that application process while remaining of the United States, 112 00:18:58,080 --> 00:19:05,160 and Consular Processing is a process where someone can pursue permanent residence, as a result of a family based immigration process, 113 00:19:05,400 --> 00:19:16,230 but at a particular point in time, they will have to leave the United States to return to their country of origin and there will have to complete the process by working with a component of the Department of State. 114 00:19:17,550 --> 00:19:26,340 For that reason, there is a preference for some to complete Adjustment of Status, but it is important to note that Adjustment of Status, 115 00:19:26,880 --> 00:19:34,650 has its requirements and that to be eligible for Adjustment of Status, a person needed to have enter the United States during their most recent entry, 116 00:19:35,190 --> 00:19:39,330 through lawful means, meaning that they entered the United States at a port of entry, 117 00:19:39,960 --> 00:19:51,360 at a border, or at an international airport and did so by presenting documentation to an immigration official which demonstrated that they were allowed to enter the United States lawfully and 118 00:19:51,600 --> 00:19:55,920 after the inspection of that documentation did in fact enter the United States. 119 00:19:56,670 --> 00:20:05,040 Generally, that is the way in which a person can be eligible for Adjustment of Status, but there are exceptions in the law and there are exceptions in the policy, 120 00:20:05,340 --> 00:20:13,410 and certain policies that permit individuals to be eligible for Adjustment of Status, even though their most recent entry into the United States was not 121 00:20:14,010 --> 00:20:23,130 anything in the way of lawful entry, and that individuals that were the beneficiaries of family based immigration processes that were commenced 122 00:20:23,520 --> 00:20:31,260 prior to April 30 of 2001 they might be able to take advantage of an exception in the law and move forward with Adjustment of Status, 123 00:20:31,470 --> 00:20:36,900 so that they wouldn't have to abandon the United States at any moment in time in order to gain their permanent residence. 124 00:20:37,320 --> 00:20:54,330 Other individuals that might be able to complete Adjustment of Status are those that pursue immigration processes that as a consequence there of, do permit someone to pursue permanent residents at a particular, after having completed 125 00:20:56,460 --> 00:21:04,050 time in the United States under that particular immigration status as an initial requirement. Next slide please? 126 00:21:06,450 --> 00:21:16,560 And as the information about Consular Processing and Adjustment of Status was prefaced by information to the effect that it is a family based immigration process, 127 00:21:17,040 --> 00:21:24,120 it is important to note that to provide that a reminder that it is a two step process at the second part of the process, 128 00:21:24,570 --> 00:21:29,850 a person would need to we need to complete the Adjustment of Status or Consular Processing, 129 00:21:30,690 --> 00:21:37,320 but before they can get to that point in the process, it is necessary to complete the first step, and that is 130 00:21:37,920 --> 00:21:44,160 a step in the entire family based immigration process where it is necessary to consider 131 00:21:44,490 --> 00:21:55,950 the family relationships of the individual who's hoping to immigrate to the United States as a permanent resident, and that to be eligible for a family based immigration process, which would enable at one point in time 132 00:21:56,610 --> 00:22:05,580 a person to move forward with Consular Processing or Adjustment of Status, a person first needs to be the eligible beneficiary of a family 133 00:22:06,030 --> 00:22:19,440 visa petition and so it is necessary to first demonstrate that the intending immigrant have someone who is a family member, a qualifying family member with qualifying immigration status, 134 00:22:20,880 --> 00:22:27,960 and so at this moment in time, all the US citizens and lawful permanent residents can petition for a family member, so that, 135 00:22:28,320 --> 00:22:34,350 that family member at a particular point in time can move forward with Adjustment of Status or Consular Processing. 136 00:22:34,680 --> 00:22:53,760 And there is a difference in between the family members that US citizens and permanent residents level permanent residents can assist with a petition, and that US citizens can assist children, sons and daughters, spouses, siblings, and parents, and it's important to note that I did 137 00:22:54,780 --> 00:23:00,690 mention children and sons and daughters, and that under the immigration law, such as that exists at this moment in time, 138 00:23:01,530 --> 00:23:16,170 there is a difference in between a child and that immigration law at this moment in time defines a child as someone who is under the age of 21 and is as yet unmarried, and marks a difference between 139 00:23:16,950 --> 00:23:28,740 that definition of child and someone who has a son or a daughter, and that is a son a daughter is generally going to be considered someone who is already older than 21 years old or perhaps is already 140 00:23:28,950 --> 00:23:33,930 married. And so those are the family members that would be eligible for a petition 141 00:23:34,020 --> 00:23:47,910 by a US citizen. Lawful permanent residents can also petition for their family members and that they can petition for their children, their sons and daughters, just like US citizens may, and their spouses as well, 142 00:23:48,690 --> 00:23:58,710 but an additional difference to point out is that certain family members of US citizens would be qualified would be categorized as immediate relatives, 143 00:23:58,950 --> 00:24:08,280 whereas all family members that cannot be categorized as immediate relatives would need to take a place within preference categories, and just a, 144 00:24:09,180 --> 00:24:18,450 just a moment I'll provide a bit more information as to what we mean when we are referencing the preference categories, but first important to note that 145 00:24:18,840 --> 00:24:27,030 immediate relatives of US citizens are going to be the children of US citizens, the spouses of US citizens, and the parents of US citizens, 146 00:24:27,330 --> 00:24:41,670 and all those that are immediate relatives are individuals that are not subject to the annual limitations which might apply to some of these petitions that can be done through a family based immigration process, 147 00:24:42,900 --> 00:24:50,970 and preference category family members are family members, which unfortunately may be subject to add your limitations in terms of the 148 00:24:51,540 --> 00:25:00,390 immigrant visas that can be accorded to them, and for that reason may have to take a place on a waitlist as they seek to complete their family based immigration process. 149 00:25:01,770 --> 00:25:05,790 Accordingly, then, to summarize our conversation of the qualifying 150 00:25:06,990 --> 00:25:20,550 family members and the qualifying immigration status that can permit a person to undergo a family based immigration process, important to note that at the petition phase. It is only necessary to demonstrate two things, the 151 00:25:20,940 --> 00:25:34,560 qualifying immigration status of the individual who is submitting a petition and as well the family relationship that the person who would be the beneficiary of the petition the family relationship that that person has with the 152 00:25:35,250 --> 00:25:54,450 person who is the petitioner and making sure that, that is a family relationship that makes them eligible for such a process in that, and unfortunately, family members, such as cousins aunts and uncles grandparents would be precluded from a family based immigration process. Next slide please? 153 00:25:56,640 --> 00:26:03,780 And as I mentioned before, there is a difference in between family members that are immediate relatives of US citizens, 154 00:26:04,320 --> 00:26:13,860 and those that are not and that all those family members that are not immediate relatives of US citizens, they would be eligible for a family based immigration process, 155 00:26:14,130 --> 00:26:27,720 but they would potentially be subject to an annual limitation in terms of the immigrant visas that can be accorded to them, and for that reason may have to take place on a waitlist at a particular point in time. The 156 00:26:28,470 --> 00:26:41,370 chart that you see before you is a bulletin, that is promulgated each month by the Department of State, and this chart provides information that is relevant to determining a place, a person's place 157 00:26:41,730 --> 00:26:57,120 on the waitlist that may ensue if their particular category of the preference categories is limited in terms of the visas that can be accorded in the particular year when the individual is hoping to complete their family based immigration process. 158 00:26:58,260 --> 00:27:03,960 And to provide some additional information, as I mentioned before, the family members of 159 00:27:04,680 --> 00:27:18,030 individuals who are eligible for these processes, but that are not immediate relatives are US citizens, they will need to take a place amongst the performance categories, and there are several categories, then and important to note that 160 00:27:19,230 --> 00:27:29,730 the individuals are put in a particular category, depending on the immigration status of their family member and as well as the type of family relationship that they have with that person. 161 00:27:30,120 --> 00:27:37,140 Accordingly that in the F1 category we would find individuals who are the unmarried sons and daughters of US citizens, 162 00:27:37,620 --> 00:27:51,180 while in the F2A category would find the spouses and children of lawful permanent residents and the category there after the F2B category we would find unmarried sons and daughters of lawful permanent residents. 163 00:27:52,020 --> 00:28:02,250 And then finally, in the F3 category we would find married sons and daughters of US citizens and the F4 category, the siblings of US citizens. 164 00:28:02,760 --> 00:28:17,490 And one thing that is noticeable on this chart is that while there is a division in between the F1, F2A, F2B, and the F3, and the F4 category, there is an additional our division in between categories and that 165 00:28:18,180 --> 00:28:30,090 at the top of certain categories, you will see the name of a country, and that is due to the fact that countries from which historically individuals have immigrated to the United States in large numbers, 166 00:28:30,750 --> 00:28:36,810 those countries have been accorded their own preference category section and for that reason 167 00:28:37,320 --> 00:28:47,670 for example, someone who is the sibling of a US citizen and is born in Mexico would need to take a place within the F4 category and further 168 00:28:48,360 --> 00:28:58,320 within the F4 category that appears under the area specifically designated for people that originate from Mexico. 169 00:28:59,310 --> 00:29:03,750 And as is noticeable on the chart before you, there are different dates 170 00:29:04,290 --> 00:29:12,600 for each of the categories that are visible on this bulletin and a person can determine their place in the waitline, 171 00:29:12,900 --> 00:29:19,950 and the waitlist if it's necessary for them to take a place on the waitlist by referencing the dates that are mentioned on this bulletin, 172 00:29:20,220 --> 00:29:27,900 and they will be accorded a date once they submit their petition to begin their family based immigration process, 173 00:29:28,890 --> 00:29:39,630 in the response to that petition that is provided to them by the immigration agency and they would be able to use that date to determine their place in the waitlist by referencing this bulletin to see if 174 00:29:40,110 --> 00:29:55,140 the date that was, accorded to them is one that is falls on the exact date listed on the chart or falls before the day listed on the chart which would indicate to them that they would be eligible at that moment in time 175 00:29:55,740 --> 00:30:06,930 to move forward. An additional item that is noticeable on the bulletin before you is that for some categories there is a letter C and not a date and that 176 00:30:07,380 --> 00:30:20,220 signifies that for that category at this moment in time, there isn't a waitlist but it is in fact a category that at this moment in time, the immigrant visa applications that are submitted 177 00:30:21,240 --> 00:30:31,800 do not exceed the immigrant visas that are available that can be accorded to an individual who is in fact eligible for permanent residence. Next slide please? 178 00:30:35,310 --> 00:30:46,950 And so up to this point we've discussed that the family based immigration process has two components, a component where a petition is filed, and a component where the qualifying individual 179 00:30:47,220 --> 00:30:52,980 needs to complete Consular Processing or Adjustment of Status. An additional important point to note 180 00:30:53,340 --> 00:31:00,180 is that at the second part of the process, when someone is seeking to complete Consular Processing or Adjustment of Status, 181 00:31:00,480 --> 00:31:11,490 it is also necessary to determine a individual's eligibility for beginning to live in the United States as a permanent resident. Permanent residence is a immigration benefit, which 182 00:31:12,390 --> 00:31:19,350 accords serious and important benefits to an individual and that it permits them to work and live in the United States 183 00:31:20,820 --> 00:31:29,790 permanently unless the individual takes, carries out action which would put their permanent residence in jeopardy and for that reason, 184 00:31:30,480 --> 00:31:40,530 when someone is seeking to gain their permanent residence at the Consular Processing or Adjustment of Status stage of the process, there is a consideration of whether or not the individual is in fact 185 00:31:41,010 --> 00:31:47,400 admissible to the United States, meaning that they are eligible to be someone who can live in the United States as a permanent resident. 186 00:31:48,510 --> 00:31:57,060 The technical term that is used is inadmissibility but there are factors, several factors that are considered as part of evaluating whether someone 187 00:31:57,330 --> 00:32:09,840 is an admissible whether someone can live in the United States as a permanent resident. And so, in considering someone's inadmissibility we evaluate several factors, there are medical grounds for why a person could be 188 00:32:10,380 --> 00:32:21,990 denied permanent residence, there are criminal history grounds, there are also immigration history grounds. There are also grounds related to whether or not an individual would become a public charge meaning 189 00:32:22,950 --> 00:32:27,900 in the near future, after becoming a permanent resident, whether or not they would be someone who could 190 00:32:28,980 --> 00:32:36,450 who would be and who will need to greatly depend on government benefits in order to sustain themselves. 191 00:32:37,560 --> 00:32:45,720 And if it is the case that someone is seeking to complete a family based immigration process and at the second stage of the process, they find that an inadmissibility 192 00:32:46,350 --> 00:32:54,810 ground might apply to them. There are leavers that can be submitted in conjunction with their application, which would be able to mitigate those inadmissibility grounds, 193 00:32:55,410 --> 00:32:59,640 but not all would be may be eligible for those waivers and 194 00:33:00,090 --> 00:33:10,170 successfully completing a waiver and submitting a waiver can be a complex area of the process, and so at that stage, important that anyone who 195 00:33:10,500 --> 00:33:20,580 determines that an inadmissibility ground might apply to them important that they do, in fact, reach out to someone was in a position to correctly and completely apprise them of the 196 00:33:21,690 --> 00:33:33,330 the complexity of their situation, and the difficulty involved, and the correct steps to take in order to mitigate that ground inadmissibility. Next slide please? 197 00:33:35,580 --> 00:33:42,750 And before we move on to an additional immigration benefit, just providing a 198 00:33:43,680 --> 00:33:58,500 brief summary of the types of family members that a US citizen could petition for, and providing a reminder than that they can petition for spouses, children, certain sons and daughters, as well as their siblings. Next slide please? 199 00:34:00,030 --> 00:34:13,680 And as well reminder here then that permanent residents, lawful permanent residents are eligible to petition for certain family members, but they are limited to spouses, and children, and certain sons and daughters. Next slide please? 200 00:34:16,110 --> 00:34:24,780 And here we get to an alternative pathway to permanent residence. Up to this point we've been discussing a family based immigration process, 201 00:34:25,740 --> 00:34:37,260 but it may be the case for some that while they do you have a family relationship with someone who holds the requisite immigration status, 202 00:34:37,770 --> 00:34:50,100 given the family dynamic of a tragic family dynamic, they may not be able to move forward or depend on that family member for assistance with a family based immigration process. Next slide please? 203 00:34:51,360 --> 00:34:55,500 Accordingly, the immigration law, such as it exists at this moment in time, 204 00:34:56,070 --> 00:35:03,420 provides a pathway to permanent residence for the individuals that may find themselves in one of those tragic situations in that 205 00:35:03,690 --> 00:35:12,150 unfortunately, they cannot depend on their US citizen or permanent resident family member to petition for that to the system with a family based immigration process, 206 00:35:12,510 --> 00:35:29,160 because unfortunately their family relationship is one that is characterized by domestic violence, and for that reason assistance from the family member would be impossible, and there is then a provision 207 00:35:30,300 --> 00:35:37,650 that provides or permits individuals who would otherwise be eligible for a family based immigration process to move forward 208 00:35:38,250 --> 00:35:47,940 with an application for a permanent residence, on their own behalf without having to depend on their family number with qualifying immigration status. Next slide please? 209 00:35:49,920 --> 00:35:52,380 And important then to note that this, 210 00:35:54,090 --> 00:36:06,720 this immigration process is provided by the Violence Against Women Act and it accords the possibility of moving forward with an application for permanent residence by 211 00:36:07,020 --> 00:36:18,750 adjusting status, so the individual who is eligible for this process would not have to at any moment in time, leave the United States in order to complete the process as some individuals may have to do 212 00:36:19,260 --> 00:36:26,640 when they are looking to complete their family based immigration process. Individuals who may be eligible for a VAWA process, 213 00:36:27,300 --> 00:36:34,110 meaning that they are the spouses, the children or the parents of certain individuals with qualifying immigration status, 214 00:36:34,380 --> 00:36:42,240 they can complete the process on their own behalf and in determining and an individual's eligibility for a process, such as this one, 215 00:36:43,050 --> 00:36:51,600 we are looking to see if they are a individual that has the requisite family relationship or did at a particular point in time, 216 00:36:51,870 --> 00:37:01,470 meaning that they were someone that was the spouse, or parent of someone with qualifying immigration status, and they were a family member who did in fact 217 00:37:02,550 --> 00:37:08,100 reside at a particular point in time with the aggressor, and are individuals that 218 00:37:08,640 --> 00:37:18,210 do have the requisite good moral character to move forward with this process, and in addition to that must be individuals that a particular point in time, 219 00:37:18,690 --> 00:37:27,540 at the requisite point in time, did reside in the United States. And in addition to considering those general requirements, there are limitations that may apply 220 00:37:28,170 --> 00:37:44,880 to specific, to individual specifically that impose a need to successfully complete and submit their application before a particular point in time, otherwise they may no longer cease to be eligible for these processes. Next slide please? 221 00:37:47,970 --> 00:38:02,940 And here, then we turn to a immigration process that is available to individuals who have been in the unfortunate situation of having been a victim to a crime while residing in the United States. Next slide please? 222 00:38:04,530 --> 00:38:15,660 The U Visa is a immigration process which has been made available and is a immigration process which importantly is available to undocumented individuals, 223 00:38:16,350 --> 00:38:28,710 who previously perhaps may have been victims of crime, but due to their immigration status and their unwillingness to identify themselves as undocumented individuals to members of law enforcement, 224 00:38:29,010 --> 00:38:40,620 might have been precluded from coming forward and participating in an investigation or in a prosecution, that may have followed a rather serious crime, 225 00:38:41,670 --> 00:38:49,800 the immigration agencies have responded to those situations and to those contexts, by providing a immigration process, 226 00:38:50,460 --> 00:39:05,040 which would permit an individual to initially have a non immigrant status, which permits them to reside in the United States, and also permits them to gain an employment authorization, 227 00:39:05,580 --> 00:39:18,840 and thereafter after completing a particular amount of time as a U Visa holder would be able to move forward with an application for lawful permanent residence, U Visa holders can 228 00:39:19,530 --> 00:39:24,150 at a particular point in time, pursue Adjustment of Status and gain their permanent residence. 229 00:39:24,810 --> 00:39:32,430 So U Visas at this moment in time, is an immigration process that is available generally to individuals who 230 00:39:32,820 --> 00:39:41,460 may in fact be undocumented individuals or be individuals that do not at this moment in time hold an immigration status that is a permanent immigration status, 231 00:39:41,820 --> 00:39:48,210 and have been the victims, whether directly or indirectly of serious crimes, crimes that have been 232 00:39:48,750 --> 00:40:04,380 enumerated in the section of the immigration law that pertains to this immigration process, and as well are individuals that have assisted law enforcement authorities in the investigation or the prosecution of that underlying serious crime. Next slide please? 233 00:40:07,680 --> 00:40:18,870 And as noted before, the U Visa is an important immigration benefit and process for those individuals that do not as yet hold a permanent immigration status, 234 00:40:19,290 --> 00:40:33,720 and who in the past, might have been precluded from working with law enforcement, following a serious crime to collaborate with them as an investigation or a prosecution was completed, and 235 00:40:34,800 --> 00:40:44,850 through this immigration process, it is not possible for someone in that position to move forward and work with law enforcement authorities, and as well be eligible for an immigration process, which 236 00:40:45,210 --> 00:40:57,990 initially permits them to pursue permanent residence after a period of time as a U Visa holder and there after they would be eligible for Naturalization be able to pursue citizenship. 237 00:40:59,040 --> 00:41:12,450 The U Visa also permits individuals to listener and qualifying family members as part of the immigration process. So it is a immigration process which could indirectly benefit the family members of someone who has been 238 00:41:13,080 --> 00:41:23,400 a victim of a serious crime, and is there for eligible for a U Visa. And as mentioned before, while someone is pursuing a U Visa, 239 00:41:24,480 --> 00:41:36,390 they are accorded and employment authorization and while their application is pending, are also similarly to DACA recipients accorded a deferral of action, meaning that they are 240 00:41:36,720 --> 00:41:49,440 a priority for the enforcement of those immigration laws that pertain to the removal of individuals from the United States. An important point to note, however, is that U Visas 241 00:41:50,790 --> 00:41:59,940 while someone who may be eligible for a U Visa can apply if they are in fact deemed to be eligible, there are limitations in terms of the 242 00:42:00,330 --> 00:42:09,570 annual amount of U Visas that can be accorded and for that reason, it may be the case that someone who is eligible to apply for a U Visa and doesn't fact submit an application, 243 00:42:10,110 --> 00:42:20,610 that they find themselves on a waitlist as they seek to move forward to become a U visa holders and this is a waitlist that at this moment in time may require someone to 244 00:42:21,780 --> 00:42:26,790 spend time on a waitlist that could last as long as five years. Next slide please? 245 00:42:30,210 --> 00:42:39,210 And here we turn to Naturalization which is the highest immigration benefit that can be accorded to someone who 246 00:42:40,380 --> 00:42:43,800 lives in the United States. Next slide please? 247 00:42:45,300 --> 00:42:52,440 And there are several pathways to note, it is important to note there are several pathways to Naturalization, as we mentioned before, 248 00:42:52,770 --> 00:43:07,410 an individual can gain their permanent residence through a family based immigration process, and alternatively by pursuing those alternative methods that are available to individuals who are the family members of 249 00:43:08,460 --> 00:43:17,700 individuals with qualifying immigration status, but are responsible for important misconduct in that they have been involved in 250 00:43:18,240 --> 00:43:29,040 domestic violence situations, and so those family members are permitted to move forward with the permanent residence process on their own behalf and as well there are 251 00:43:29,880 --> 00:43:45,930 additional immigration processes which initially permits a eligible individual to hold a non immigrant status, but which thereafter provides a pathway to permanent residence. Once someone is in fact a permanent resident whether 252 00:43:47,010 --> 00:43:56,760 no matter what pathway they took in getting their permanent residence, they would be able to pursue Naturalization if they are in fact eligible to do so, 253 00:43:57,060 --> 00:44:08,760 and as mentioned before, Naturalization is the highest immigration benefit that can be accorded to an individual it and it provides very important rights and benefits. 254 00:44:09,750 --> 00:44:15,270 Highlighted before you are some of the most important benefits and rights that 255 00:44:15,720 --> 00:44:32,130 are inherent in being a US citizen and that US citizens are in fact eligible to participate in elections as well as participate in juries, and they are eligible to pursue certain types of government employment, but in addition to that, it is also important to note that 256 00:44:33,540 --> 00:44:41,430 lawful permanent residence is a status immigration status which permit someone to live in the United States permanently, 257 00:44:41,730 --> 00:44:47,550 but it does have limitations in comparison with citizenship in that a permanent resident 258 00:44:47,820 --> 00:44:57,540 can undertake action which could cause them to lose their permanent residence and be removable from the United States, and as well they are limited in the 259 00:44:57,960 --> 00:45:08,820 international trips that they can take in that taking a trip, which exceeds a period of six months, could cause a person to be at risk for a claim of abandonment of lawful permanent residence, 260 00:45:09,180 --> 00:45:17,370 whereas a citizen is not similarly limited and that a citizen is free to leave the United States and travel internationally 261 00:45:18,030 --> 00:45:25,890 for whatever duration, they desire. So, if a individual is at the stage where they are in fact a lawful permanent resident, 262 00:45:26,520 --> 00:45:38,850 if they are eligible for citizenship, it is the highest immigration benefit that can be accorded and it accords benefits that far exceed those available, those that are available to a lawful permanent resident. Next slide please? 263 00:45:40,380 --> 00:45:48,720 Important then to consider the requirements for Naturalization and generally those requirements are that an individual be 18 years old, 264 00:45:49,380 --> 00:45:59,580 that they be a lawful permanent resident for a particular period of time. Generally an individual can move forward with Naturalization after five years as a lawful permanent resident, 265 00:45:59,880 --> 00:46:04,320 and they can actually pursue their citizenship application 90 days before completing 266 00:46:05,040 --> 00:46:08,970 five years as a permanent resident, but there are in fact certain individuals 267 00:46:09,270 --> 00:46:16,650 who are eligible for moving forward with with their application for citizenship, even though they've only completed three years as a lawful permanent resident. 268 00:46:17,010 --> 00:46:29,160 This applies to the spouses of US citizens, to individuals who were eligible for permanent residence as a result of the immigration process made available by the Violence Against Women Act, 269 00:46:29,550 --> 00:46:40,830 and it includes additional categories of individuals that can pursue an application for citizenship, even though they've only completed three years as a lawful permanent resident, and they can in fact 270 00:46:41,550 --> 00:46:52,620 pursue that application 90 days before completing three years, so they are able to pursue their application for citizenship after two years and nine months. 271 00:46:53,310 --> 00:47:01,710 In addition to that requirement of a particular period of time as a permanent resident is, it is also necessary that an individual 272 00:47:02,040 --> 00:47:12,510 who is a permanent resident that they have, at the very least spent two and a half years physically in the United States during the five years preceding their application for Naturalization. 273 00:47:13,050 --> 00:47:20,610 It is also necessary that an individual as mentioned before, not take trips that exceed six months because that could expose them to 274 00:47:20,880 --> 00:47:27,780 a charge of abandonment of permanent residence and so important that lawful permanent residents keep in mind that they are 275 00:47:28,290 --> 00:47:34,500 limited in terms of the duration of their international trips. In addition to those requirements it's also necessary, 276 00:47:34,830 --> 00:47:50,310 that an individual demonstrate their ability to read and write in English, but there are exceptions that apply to that requirement as well as exceptions that apply to the requirements of passing a civics exam in that individuals who have 277 00:47:51,420 --> 00:47:57,720 spent or have completed a significant period of time as level permanent resident, and have already 278 00:47:58,440 --> 00:48:12,000 turned at the very least 50 years old, they might be eligible for exceptions or limitations that are made to the requirement that an individual demonstrate their competency in the English language, or 279 00:48:12,690 --> 00:48:19,260 the US Civics exam, which they must successfully complete before they can be successfully naturalized. 280 00:48:19,650 --> 00:48:30,810 Another important requirement for Naturalization is that of demonstrating the requisite good moral character, and it is important to note that at this moment in time when someone is seeking to apply for a Naturalization, 281 00:48:31,410 --> 00:48:41,430 they complete a particular form, they complete the N-400 form, the application for Naturalization, which is a form that is 20 pages in length and 282 00:48:42,060 --> 00:48:49,560 of those 20 pages, a significant portion are questions that are addressed to issues of good moral character. 283 00:48:49,950 --> 00:49:07,980 So good moral character then is an important requirement of the Naturalization requirements, and if an individual believes that they may be at risk of not having the necessary good moral character, it is important that they speak to a qualified immigration attorney or a qualified 284 00:49:09,000 --> 00:49:15,630 accredited representative that can appropriately apprise them of the risks inherent in moving forward with the Naturalization application, 285 00:49:15,900 --> 00:49:24,570 if, in fact, there is a good moral character issue which precludes them from applying for Naturalization. In addition to that, good moral character requirement, 286 00:49:25,440 --> 00:49:29,910 the person who is interested in moving forward with Naturalization also needs to 287 00:49:30,570 --> 00:49:46,740 take an oath where they swear allegiance to the United States and indicate that they support the government of the United States and its constitution, and as well demonstrate that they are willing to, if necessary, take up arms for the United States and serve in its military. 288 00:49:47,820 --> 00:49:48,690 Next slide please? 289 00:49:54,510 --> 00:50:00,120 Karla: Patrick, I do want to mention that we have about a minute left in our workshop. So... 290 00:50:01,470 --> 00:50:05,070 what was next for you before we take questions for the audience? 291 00:50:05,940 --> 00:50:08,580 Patrick: So, at this moment in time, Karla, we have 292 00:50:09,600 --> 00:50:21,330 arrived at the end of the review of immigration processes that we were going to complete, and so at this moment in time, briefly before getting into a couple of questions, I would just like to, if we could go to the 293 00:50:21,450 --> 00:50:22,500 next slide please? 294 00:50:23,670 --> 00:50:37,050 Provide a reminder to all those listening here today that the UFW Foundation is in fact collaborating with select community college campuses throughout the state of California to provide 295 00:50:37,800 --> 00:50:46,890 immigration legal services to members of the campus community, which includes students, faculty, and staff of those campuses. Next slide please? 296 00:50:48,570 --> 00:50:48,960 And 297 00:50:50,040 --> 00:51:07,830 those services as mentioned before, are available to the campus community, but the UFW Foundation also provides services generally to the community if someone is not eligible for the services that are currently provided through the campus collaboration that we have. Next slide please? 298 00:51:10,470 --> 00:51:19,080 And just a reminder, then that these services are only available to those that are affiliated with the campus, and so if it is the case that a 299 00:51:20,130 --> 00:51:22,560 person that is affiliated with the campus hopes to 300 00:51:23,820 --> 00:51:37,020 provide information to their family member about our services, it would be best for them to provide them a reference for the services that are provided through our regional offices, which are available to the community and its entirety. Next slide please? 301 00:51:38,580 --> 00:51:46,470 And finally, just a reminder that the services that are being offered on select campuses are offered on particular days of the month. 302 00:51:46,950 --> 00:51:57,000 We've created a site where anybody interested in making an appointment with one of our UFW Foundation service providers can make an appointment. That's website, 303 00:51:57,750 --> 00:52:07,950 a link to that website is available to the UFW Foundation's website and it is also available through the Student Services section of the Moorpark College website. Next slide please? 304 00:52:11,670 --> 00:52:23,790 And now, then if there are any questions following our review of several immigration processes, we're more than happy to take a few of those questions, but once again, a reminder that 305 00:52:24,600 --> 00:52:35,010 it is important to ensure that any question that is made that it be kept general in nature and that personal information is not shared as part of completing your question. 306 00:52:36,030 --> 00:52:40,560 A individualized session is the more appropriate context for such a question. 307 00:52:45,420 --> 00:52:46,440 Karla: Thank you, Patrick. 308 00:52:49,260 --> 00:52:49,950 Patrick: Of course, Karla. 309 00:52:52,080 --> 00:53:01,470 Karla: So I did drop the link for people to schedule an appointment on the chat, but I do not see any questions coming in. 310 00:53:09,780 --> 00:53:19,680 [Patrick]: Right, it appears that at this moment in time, we do not have any questions. [Karla]: Yeah. [Patrick]: So I'm happy to provide a few additional minutes in case there are any lingering questions, 311 00:53:20,670 --> 00:53:32,130 but if not, I thank everyone that is listening to this presentation this afternoon for joining us and invite you, as we mentioned before to schedule an appointment 312 00:53:32,790 --> 00:53:43,230 with the UFW Foundation to the services that are available through your campus and those that the UFW foundation offers to the community. In general, through its regional offices, 313 00:53:44,220 --> 00:53:55,620 during one of those appointments, we would be more than happy to address any specific questions that you may have, because that would be an individualized session where we can more adequately do so. 314 00:53:59,010 --> 00:54:11,100 Karla: Okay, thank you so much Patrick, there seems to be no questions. Have a great night, everyone. This concludes our webinar today. Oh, actually, there's one question. One question. Oh, nevermind it's a comment. 315 00:54:13,260 --> 00:54:14,880 Thank you for your feedback, Alex. 316 00:54:16,590 --> 00:54:19,740 All right. Bye, everyone. This does conclude our webinar. 317 00:54:20,460 --> 00:54:21,300 Patrick: Good afternoon everyone.