Immigration 101

(for the Professionals)

Welcome
Overview

 Ways to become a U.S. citizen

 Main categories of immigrants
 Ways to get a green card
 Process of naturalization
 Ways to assist your students
 On-Campus Safety
 TERMS TO BE COVERED
 Asylee
 Citizen
 Green card
 Immigrant
 Lawful Permanent Resident
 Undocumented
 Naturalization
 Visa
 Non-immigrant
 Refugee
WHY IS IT IMPORTANT TO
STAY INFORMED ABOUT IMMIGRATION?

 To approach a front-page issue

sensitively and with accuracy
 To create a more inclusive classroom
 To establish dialogue and connections
between diverse groups
 To effectively advocate for immigrants
and refugees in the community
 To encourage positive understanding
about immigrants

clipartreview.com
 THERE ARE WAYS TO BE A CITIZEN:

1. You are BORN in the U.S.

2. You are born to a U.S. citizen
parent or your parent became a
citizen before you turned 18
3. You are adopted by a U.S. citizen
(Child Citizenship Act of 2000)
4. You are naturalized (more about
this process later)
Someone In the U.S.
Who is Not a Citizen is Either An
Immigrant
or a
Non-immigrant
NON-IMMIGRANTS

 Students
 Temporary workers
 Visitors
 Others who are in the
U.S. temporarily,
where their visas only
allow them to stay for
a limited amount of
time.
IMMIGRANTS

Immigrants settle in a
country intending to stay
there permanently and
become citizens.

Two categories of
immigrants are:
 1 - LAWFUL PERMANENT RESIDENTS

• Have permission to remain in the

U.S. for as long as they choose, if
they remain crime free.*
• Must renew their green card every
10 years.

*NOTE: Is not really “permanent”….

 2 - REFUGEES / ASYLEES

Refugees and asylees leave

their countries because of
war or fear of being killed
or hurt because of their
nationality, race, religion,
political opinion or
membership in a group.
WHAT IS THE DIFFERENCE
BETWEEN A REFUGEE AND AN ASYLEE?
 A refugee receives
permission to come to the
U.S. from outside of the
country.
 Refugees are resettled with
the help of a refugee
resettlement agency.
 These people already have
refugee status by the time
they arrive in the USA. They
are legally allowed to
remain.
 An asylee is already in the
U.S. when s/he applies for
protection.
 Asylees have to prove that
they have reason to fear
persecution in their home
country.
 (these people are seeking
“ asylum” in the United
States.
 REGION OF BIRTH FOR ALL
FOREIGN-BORN IN THE U.S. (INCLUDING REFUGEES)

14
Total foreign-born in U.S. as of 2013: 40 million (13% of population)
 WHY DOES ALL THIS
INFORMATION MATTER?
 Knowing where people come from
 Knowing their plights to get here/to be
here
 Understanding their family
backgrounds
 Understanding their struggle
 Help educate/inform with the negative
rhetoric in the media….
WHAT IS MIXED-STATUS
FAMILY ?

A “ mixed-status family” is a family whose

members include people with different citizenship
or immigration statuses.

One example of a mixed-status family is one in

which the parents are undocumented and the
children are U.S.-born citizens
 UNDOCUMENTED IMMIGRANTS

• May have entered the U.S. without

showing a visa or green card.

• May be here with expired papers.

(BCC has 72 hrs expiration)

• Do not have documents that allow

them to stay in the U.S.
 BECOMING A U.S. CITIZEN

Can anyone who wants to become a citizen become one?

No, first somebody has to have a green card.

Then how do you get a green card?

Only a few ways, and not everybody is eligible for one.

Here are the main ways to obtain a green card…

FAMILY

 A majority of immigrants come to

be reunited with family.

 U.S. citizen adults can sponsor

their spouse, parent, child or
sibling.

 Lawful Permanent Residents can

sponsor their spouse and any
unmarried children.
A NOTE ABOUT FAMILY REUNIFICATION - The WAIT

 The length of the wait

will depend on:
 Whether the sponsor is a
citizen or Lawful
Permanent Resident
 What country the
relative is from
 Type of relationship (ex:
spouse comes sooner
than a brother)

Example 1: A lawful permanent resident

Example 2: A U.S. citizen who wants to bring
who wants to bring her husband and 2-
his brother from the Philippines will have to
year-old daughter from Mexico will
wait approximately 23 years.
have to wait approximately 20 months
WHO COMES IN AND WHO STAYS
OUT?
Immediate Relatives:  EVERYONE ELSE
WILL HAVE TO
 Spouses of USC WAIT IN LINE…..
 Children under 21 of
USC
 Parents of USC

ONLY ……
 VISA BULLETIN FOR JANUARY
2017
All
CHINA-
Family- Chargeability  PHILIPPINES
mainland  INDIA MEXICO
Sponsored  Areas Except  
born
Those Listed

F1 08JAN10 08JAN10 08JAN10 22APR95  01OCT05

F2A 22MAR15 22MAR15 22MAR15 08MAR15 22MAR15

F2B 08JUN10 08JUN10 08JUN10 15OCT95 08APR06

F3 01MAR05 01MAR05 01MAR05 15DEC94 01SEP94

F4 22JAN04 22NOV03 15MAY03 15MAY97 08JUN93

F1: Unmarried son/daughter of USC

F2A: Spouses & Unmarried, under 21 years old children of LPR
F2B: Unmarried son/daughter (21 years of age or older) of LPR
F3: Married son/daughter of USC
F4: Siblings of USCs
Now you know why so many
cannot wait their turn in
line………

This is one reason why we have

11 million undocumented people
living in the United States….
EMPLOYMENT
 Some immigrants come to fill
positions where there is a shortage of
U.S. workers (ex: nurses, computer
engineers).
 Every year there are some visas that
are given to professionals with
advanced degrees and skilled
workers. The employer must prove
that they can’t find a worker
domestically. (65,000 per year)
 There are very few visas offered to
unskilled workers, though there are
many businesses that have a shortage
of these workers. Available jobs
without available visas cause a rise in
undocumented immigration.
 FLEEING PERSECUTION

 Some immigrants come as

refugees fleeing persecution.

 The U.S. accepts refugees

and asylees who are fleeing
persecution based on race,
ethnicity, nationality, religion,
gender, political opinion or
membership in a social
group.
 DIVERSITY VISA LOTTERY
 Each year, there is a green card lottery
to welcome immigrants from countries
from which the U.S. receives
immigrants at lower rates.
 The applicant must have a high school
diploma or have a specific ability/trade.
Their immediate family can come too.
 There will be 50,000 visas given out.
 Countries not eligible: Bangladesh,
Brazil, Canada, China, Colombia,
The chance of winning is: Dominican Republic, Ecuador, El
Salvador, Haiti, India, Jamaica, Mexico,
Nigeria, Pakistan, Peru, Philippines,
South Korea, United Kingdom, and
Vietnam.
 LAWFUL PERMANENT RESIDENTS
MAY BECOME U.S. CITIZENS

Eligible immigrants may choose

to go through the process of

to become a U.S. citizen.

TO BECOME A NATURALIZED CITIZEN,
ONE MUST:

• Have a green card for either 3 or

5 years based on your particular
situation.
• Be physically present in the
U.S. for 2.5 years.
• Pay an application fee of $725.
• Pass the citizenship test.
• Pass the interview in English.
• Swear to the judge you will
follow the laws of the U.S.
• Be of good moral character (e.g.,
no serious crimes).
CONTRIBUTIONS OF IMMIGRANTS

 Fill a labor need

 Pay taxes

 Add diversity

 Share new ideas

 Enrich the culture

 Offset an aging

population
 Strengthen our global

connections
 THREATS OF THE NEW
ADMINISTRATION…
 ROUND THEM UP AND DEPORT ALL 11
MILLION
 THERE ARE 2-3 MILLION CRIMINAL ALIENS
 TAKE DACA AWAY
 CANCEL DIVERSITY VISA
 CANCEL ALL DISCRETIONARY MEMOS
 VIOLATE DUE PROCESS RIGHTS
 IMMIGRATION AGENCIES…..

U.S. Department of
Homeland Security
(DHS)

U.S. Customs and U.S. Citizenship U.S. Immigration

Border Protection and Immigration and Customs
(CBP) Services (CIS) Enforcement (ICE)

On March 1, 2003, the INS ceased to exist; the Department of Homeland

Security (“DHS”) now handles immigration services and enforcement
WHAT IS THE AGENCIES REACH?
Constitution FREE ZONE….. (66% OF THE COUNTRY LIVE HERE…)
 HOW ARE UNDOCUMENTED IMMIGRANTS
IMPACTED BY THEIR STATUS?*
 Not eligible for federal financial aid programs and federally
funded programs
 No drivers license* (available through AB 60 effective 2015)
 No SSN, therefore limited in qualifying for anything that requires
this form of identification (ID) *
 No work authorization, no paid internships & fellowships*
 Not eligible for some careers when licensure/back ground
checks are required*
 Cannot travel when official ID is required*
 Not eligible to work in chosen profession after graduation*

*DACA issues temporary work permit & SSN; can be used for CA driver’s
license
CONT’D…

• Can pay taxes using Individual Taxpayer

Identification Number (ITIN) rather than
SSN
• Can use ITIN, Matricula (Mexican ID),
Student ID on campus (if allowed)
• Eligible for state funded campus services
• Can go to graduate school (with some
exceptions)
CALIFORNIA

The golden state has been

leading the nation in protecting
our vulnerable populations,
which include our immigrant
population.
LAWS THAT PROTECT IMMIGRANTS IN CA…

Selected New California Laws

AB 60 effective January 2, 2015 provides access to a driver’s license for all California
residents regardless of immigration status.
 AB 1660 passed in 2014, makes it unlawful to discriminate against a person
because he or she presents a driver’s license issued under AB 60 which passed in
2013 and became effective in 2015.
 SELECTED NEW CALIFORNIA LAWS PASSED IN 2013

 AB 35 effective January 1, 2014, codifies that DACA approved

individuals are eligible for unemployment insurance benefits
 AB 1024 effective January 1, 2014, authorizes the California Supreme
Court to admit to the practice of law an applicant who is not lawfully
present in the USA.
 AB 4 Trust Act, effective January 1, 2014, prohibits the detention of a
person on the basis of immigration status after that person becomes
eligible for release from criminal custody.
 AB 524 effective January 1, 2014, explicitly defines extortion to
include threats to report a person’s immigration status.
SELECTED NEW CALIFORNIA LAWS PASSED IN 2014

• AB 2000 Expands access to higher education for students who complete

high school in less than three years. Allows students who have attended
at least three years of elementary or secondary education in the state to
qualify for in-state tuition, fee waivers, and financial aid, regardless of
their immigration status.

• SB 1159 Effective no later than January 1, 2016, expands immigrants’

access to professional and occupational licenses by prohibiting state
licensing boards within the Department of Consumer Affairs from
denying licensure to an other-wise qualified applicant because of his or
her citizenship or immigration status.

• AB1210 Establishes a California Dream Loan Program, which provides

Loans to AB 540 students who are ineligible for federal financial aid.
SELECTED NEW CALIFORNIA LAWS PASSED IN 2015

SB 4 (Lara) - HEALTH CARE COVERAGE REGARDLESS OF

IMMIGRATION STATUS The 2015-2016 State Budget includes
investments to expand eligibility to Medi-Cal to all children and youth
ages 0-19, regardless of immigration status.

AB 622 (Hernández, Roger) - EMPLOYMENT: E-VERIFY AB 622 will

strengthen the California Labor Code’s protections for all workers by
limiting misuse of E-Verify. It codifies and clarifies existing federal
standards, and creates civil penalties for abuse.

AB 60 (Gonzalez) - IMMIGRATION SERVICES: ATTORNEYS This bill

will protect Californians from immigration attorneys and consultants
demanding an advanced payment for services exclusively related to a
pending immigration reform act such as President Obama’s
announcement on November 20, 2014.
SELECTED NEW CALIFORNIA LAWS PASSED IN 2016

More than 20 bills impacting immigrants were

passed this year by the State of California…
 AB 2298 (Weber) - Gang Database & Suppression - This bill requires local
law enforcement to notify people when they are added to a shared gang
database, enable people to inquire as to their status on a database, and
have a clear process for removal.
AB 2792 (Bonta) - TRUTH Act: : Aims to create increased transparency and
due process in the ways that local law enforcement cooperate and function
with ICE.
 AB 1850 (Garcia, Eduardo) Educational Services: remove the word “illegal”
from the California Education Code, and replace the word “alien” with
“foreign national” as a definition for an immigrant individual.
CONT’D…
 AB 2364 (Holden) Concurrent Enrollment for All would exempt
undocumented students, from paying nonresident tuition at the
California State University and the California Community Colleges if that
student is currently a California high school student enrolled in a
concurrent enrollment or dual enrollment program.

 SB 1242 (Lara) Misdemeanor Sentencing: Immigration Consequences

would provide that all misdemeanor crimes retroactively shall have a
maximum possible sentence not exceeding 364 days. This will ensure that
legal residents are not deported due to discrepancies between state and
federal law.
 California Laws PROPOSED in 2017

SB54 (DELEON) – California Values Act:

State and local law enforcement agencies and school police and security
departments will not engage in immigration enforcement. No state or local
resources will be used to investigate, detain, detect, report, or arrest persons for
immigration enforcement purposes
State and local resources will not be used to facilitate the creation of a national

registry based on religion or other protected characteristics.

State agencies will review their confidentiality policies in order to ensure that

eligible individuals are not deterred from seeking services or engaging with state
agencies. State agencies shall not collect or share information from individuals
unless necessary to perform agency duties.
California schools, hospitals, and courthouses will remain safe and accessible to

all California residents, regardless of immigration status. Each shall establish and
make public policies that limit immigration enforcement on their premises to the
fullest extent possible consistent with federal and state law.
DACA….WHAT IS THIS?
 Entered the USA before turning 16.
 At least 15 years of age at time of application.
 Currently enrolled or finished HS (GED).
 No felonies, 3 misdemeanors or a significant
misdemeanor.
 Present in the USA from June 15, 2007 to the time
of filing the application.
 Undocumented on June 15, 2012 and present in
the USA.
STUDENTS CANNOT
LEARN IF THEY ARE
AFRAID…
 WAYS WE CAN HELP….
 Respect the students’ confidentiality and never “out” a
student.

 Identify allies for undocumented students; establish

connections between allies to build a referral system for
students; educate and provide ally training for staff and
faculty to be informed about the status of
undocumented immigrant students and the laws that
impinge upon student lives, and policies and practices
that can contribute to their academic success.
CONT’D…
 Create an accessible, visible portal for the public on
the campus website.

 Pay attention to language used in all aspects of the

university life so that students are not stigmatized
nor humiliated by unintended words.

 Create opportunities for advocacy on campus and in

the community.
CONT’D…
 Create an inclusive space of all sexual
preferences, sexes, religions, backgrounds,
ethnicities and nationalities….

 The Latino Center is a good start....you need

more – an All Inclusive Space – Dream
Resource Center.
 International Student
Visa/Immigration Center...(Dream
Resource Center)
KNOWLEDGE IS POWER
Legal Access: create a "free legal clinic" for students
to attend; at least do a basic intake assessment; not
necessarily funding their cases.
Create a campus wide comprehensive program to

serve the various needs of undocumented students,

i.e. tuition, housing, legal, etc..
Educate the Educators.

Civic Engagement: Provide updates on the bills in

place and the laws in place to protect them.

TAKING ACTION NOW…
 Find out total number of undocumented
students on campus.
 Issues are coming up with those traveling

abroad - bring them back; hold off on sending

new students abroad.
 Do not share information with ICE/CBP;

encouraging students to opt out of the school

directory as the directory is public document.
 CONT’D…
 What is the policy for CSUM for "sharing"
information with ICE/CBP through their on-
campus police, etc... (encourage not to
cooperate unless there is a warrant).
 Enforce the TRUST Act.

 Find out percentage of students that are locals

vs. students that have families far that cannot

visit them due to the travel check points to come
to San Diego County.
CONT’D…
 On-Campus employment – who will loose
their job with DACA gone. Identify those
students.

 On-Campus recruitment – if they continue to

attend the job fairs, then do it without the
uniforms/dress as civilians only to avoid
harassment and intimidation
RESOURCES
 ACLU of San Diego
 SAN DIEGO IMMIGRANT RIGHTS

CONSORTIUM
 UURISE

 LEGAL AID SOCIETY OF SAN DIEGO

 Yours Truly!
CONTACT
INFORMATION…

Thank you!
MARICELA AMEZOLA, ESQ.
AMEZOLA LEGAL GROUP
San Diego Office: (619) 255-7310
Escondido Office: (760) 301-1030
maricela@amezolalg.com