Immigration Basics
CANCELLATION OF REMOVAL

For some in removal (also known as deportation) proceedings, Cancellation of Removal is the best option for gaining or keeping their permanent residence in the US. One who has unlawful presence, either by entry without inspection or by overstaying a visa, may ask immigration judge to cancel his or her removal by proving ten years physical presence in the US, good moral character, and extraordinary and exceptionally unusual hardship to a US citizen or permanent resident parent, spouse, or child if he or she were to be deported.

Those permanent resident who have been convicted of certain crimes that make them deportable may also request cancellation of removal, showing hardship to themselves, and/or US citizen or permanent resident parents, spouse, or children if they are deported

In each of these options, the case will be won by providing the judge with detailed evidence to prove the hardship, including testimony from family and friends, as well as psychologists, medical professionals, and teachers involved in the lives of the family affected by the potential deportation.

FAMILY VISAS

US citizens may petition for permanent residence for their:
•Spouses
•Parents
•Children under 21
•Married children over 21
•Brothers and Sisters

Visas for spouses, parents, and children under 21 are immediately available, while visas for children over 21 and for brothers and sisters of US citizens are subject to a yearly cap imposed by Congress. To determine visa availability, check the Department of State Visa Bulletin.

Lawful permanent residents may petition for their spouses and unmarried children under age 21. Since there is no visa category for married children of permanent residents, a child who marries will lose their petition filed by a permanent resident parent.

Since visa wait times vary from five years to more than 15 years, it is vital to keep informed of visa availability through the Visa Bulletin, and to keep USCIS and NVC informed of any address changes.

ULAWFUL PRESENCE

Those US citizens and permanent residents who filed visa petitions for their relatives before April 30, 2001, and are awaiting visa availability enable their relatives’ unlawful presence in the US to be forgiven. Unauthorized work is also forgiven in this case, and the beneficiary may receive permanent residence.

However, those who have accrued unlawful presence (a period of more than 6 months unauthorized presence), without having the benefit of a petition filed for them before April 30, 2001 may not receive permanent residence in the US. Instead, they must return to their country of origin to request a waiver of unlawful presence based on extreme hardship to a US citizen or permanent resident parent or spouse.

MARRIAGE BASED ADJUSTMENT

A common means of gaining permanent residence is through a US citizen or lawful permanent resident spouse. If the intending immigrant spouse is in the US at the time of the visa application, and entered the US with inspection (usually with a visa), that spouse can adjust to permanent residence in the US even if they have overstayed their visas
.
The process can take, in Seattle, from 5-7 months from the time the applications are filed. If the intending immigrant entered the US without being inspected and admitted, unless he or she is the beneficiary of any immigrant petition filed before April 30, 2001, that spouse must return to their home country to request a waiver of unlawful presence. In order to win a waiver of unlawful presence, the indending immigrant must show that their spouse will suffer in an extreme manner if he or she cannot return to the US. This requires careful, thorough, and creative documentation to prove extreme hardship following on the mental and physical health of the US citizen or lawful permanent spouse, as well as their economic well-being.

KNOW YOUR RIGHTS

•US Constitution Applies to Immigrants; Bill of Rights applies to all persons
oDue process & equal protection
oNo cruel & unusual punishment
oNo unreasonable search and seizure
oFreedom of speech, religion and association
oCounsel, jury trial & double jeopardy (criminal)

•Congress makes rules for admission to the United States
oRequesting entry is a privilege, not a right

•Discrimination allowed in:
oVoting
oPublic Office
oFederal Benefits

•If Immigration Service Arrests You:
oRemain Silent
oDO NOT answer any questions
oDO NOT tell them where you were born
oDO NOT tell them how you entered the United States
oDO NOT show any documents
oDO NOT sign anything

•If Immigration Officers come to your home
oDO NOT OPEN THE DOOR (officers must show a search warrant to enter your house)
oDO NOT sign anything
oDO NOT tell them where you were born
oDO NOT tell them how you entered the United States
oDO NOT show any documents

•If Immigration Comes to Your Workplace
oDO NOT panic
oDO NOT run
oYou may leave the area calmly
oIf you are detained: DO NOT answer any questions, say where you were born, how you entered the
  US, or sign anything.

•If the Police or Immigration Stop You in your Car
oGive the police your driver’s license, registration and proof of insurance
oDO NOT answer questions on where you were born
oDO NOT answer questions on how you entered the country
oDO NOT run
oDO NOT carry false documents

•Important Advice:
oDon’t say anything
oOnly give your name
oDon’t lie
oDon’t carry false documents or documents from another country
oDon’t run
oDon’t sign anything