Immigrant communities
Meeting on May 17, 2017 at Wednesday, May 17, 2017 from 10:00 a.m. – 12 Noon at the Palatine Public Library.
At bottom is another attachment. Unable to upload power point without compacting (we need to upgrade to Pro for it to fit without compacting). tbc. Until then, here is the Outline view of the powerpoint. •ASSISTING IMMIGRANT COMMUNITIES •IMMIGRATION 101 & KNOW YOUR RIGHTS • •TRUE OR FALSE? •TRUE OR FALSE? •WHAT WE WILL COVER TODAY •Types of status •Agencies •Citizenship •LPR status •Family based immigration •Crimes and immigration •The broken system • •WHAT IS IMMIGRATION LAW ABOUT, ANYWAY? Countries have borders, and immigration laws in any country, including the U.S., are really about who can come in, who can be removed, and who can qualify for benefits/rights Benefits concepts •Who qualifies for legal status –Temporary –Permanent Enforcement concepts •Who may be denied admission •Who may be expelled or deported after entry •TYPES OF STATUS US CITIZENS •By birth in US •By acquisition •By naturalization •By derivation •WHO IS AN IMMIGRANT? An immigrant, or lawful permanent resident (LPR), is someone who: •Has intent to reside permanently in U.S. •Is authorized to work •Is authorized to travel abroad and return •Can naturalize (after a certain amount of time) •WHO IS A NON-IMMIGRANT? B – Tourists F – Students H – Temporary workers R – Religious workers U – Victims of crimes •OTHER TYPES OF LEGAL STATUS •Asylum and Refugee •Temporary Protected Status (TPS) •DACA/DAPA •Violence Against Women Act (VAWA) •T Visa •Special Immigration Juvenile Status •DACA AND DAPA •Deferred Action for Childhood Arrivals (DACA) •Deferred Action = Authorization by USCIS to be present in the US •Not considered to be a form of lawful status •WHO IS “UNDOCUMENTED”? •Person who entered the U.S. without papers or “without inspection” •Person who entered U.S. with legal status but now status has expired or violated the terms of their entry • •Estimated 11 MILLION undocumented in the U.S. •WHO ENFORCES IMMIGRATION LAW? •U.S. Department of Homeland Security (DHS) –U.S. Citizenship and Immigration Services (USCIS) –U.S. Immigration and Customs Enforcement (ICE) –U.S. Customs and Border Protection (CBP) •U.S. Department of Justice (DOJ) –Executive Office for Immigration Review (EOIR) –Board of Immigration Appeals (BIA) •PATHWAYS TO CITIZENSHIP Citizenship can bring a lot of benefits, but the barriers to citizenship are high and the pathways are not always easy to navigate. •BENEFITS OF CITIZENSHIP •VOTE •Travel more conveniently •Immigrate a wider range of relatives more quickly •Prevent deportation •Live outside of the U.S. •Hold public office •Hold jobs requiring citizenship •Access to public programs, benefits •Pass on citizenship to children through derivation •HOW TO BECOME A CITIZEN •BY LAND: Born in the U.S. •BY BLOOD: Born outside the U.S. to a U.S. citizen parent •BY DERIVATION: Born outside the U.S. and one or both parents become U.S. citizens while you are under 18 and an LPR •BY NATURALIZATION: Born outside the U.S., you become an LPR for 5 years (or 3 if married to a U.S. citizen), meet other requirements, and file an application •REQUIREMENTS FOR NATURALIZATION •Be at least 18 years old •Have a green card (LPR status) for: •5 years •OR 3 years if married to and living with U.S. citizen •Meet requirements for amount of time spent inside U.S. •No evidence of abandoning green card •Speak, read, write basic English (some waivers) •Answer questions about U.S. civics •Show attachment to U.S., take meaningful oath •Have “good moral character” •Pay $725 naturalization fee (unless qualify for waiver) • •Language Exceptions You Are Exempt From The English Language Requirement, But Are Still Required To Take The Civics Test If You Are: 50/20 Exception: Age 50 or older at the time of filing and lived as an LPR for 20 years à Study 100 questions 55/15 Exception: Age 55 or older at the time of filing and lived as an LPR for 15 years à Study 100 questions 65/20 Exception: Age 65 or older at the time of filing and lived as an LPR for 20 years à Study 20 questions •PATHS TO LPR STATUS People with LPR status or a “green card” have some of the rights and benefits of U.S. citizens, but not all of them. They are ultimately not guaranteed protection from deportation. •PATHS TO LPR STATUS •PATHS TO LPR STATUS •Family: certain close relatives of U.S. citizens, LPRs –Includes certain survivors of domestic violence •Employment-based •Asylum, refugee status •U and T status (crime, trafficking victims) •Diversity lottery (“green card lottery”) •Miscellaneous •NO PATH TO LPR STATUS •Tourists •Students •Temporary Protected Status (TPS) •Deferred Action for Childhood Arrivals (DACA), expanded DACA, DAPA •Undocumented people •Employment visa, if not sponsored by employer •FAMILY-BASED IMMIGRATION Allows U.S. citizens and LPRs to apply for certain relatives to get chance to gain lawful permanent residency •FAMILY-BASED IMMIGRATION: WHO CAN PETITION FOR WHOM? LPRs •Spouse •Minor child •Adult unmarried child • •FAMILY BASED IMMIGRATION: WAIT TIMES •No wait for U.S. citizen spouse, child, parent •“Preference categories” for the rest –Must wait for visa number –Separate waiting periods for each category –Visa bulletin lists availability each month •“Priority date” = date petition filed with USCIS –Determines place in line •IMMIGRATION AND CRIMINAL RECORDS •A criminal record can impact a person’s ability to keep or obtain legal status. •OBSTACLE: PERMANENT BAR Graciela, a U.S. citizen, is married to Gabriel, who came to the U.S. with a tourist visa in 1999, authorized to stay for 6 months. In 2009, Gabriel returned to Mexico for 2 weeks to attend his father’s funeral; he could not get another tourist visa, so he returned to the U.S. without papers. Can Graciela file a petition for Gabriel? Can Gabriel immigrate? •OBSTACLE: FALSE CLAIM TO CITIZENSHIP Jack, a U.S. citizen, married Jill, who came to the U.S. to study but then dropped out of school. Three years ago, Jill used her cousin’s U.S. citizen birth certificate to get an Illinois drivers license. Can Jack file a visa petition for Jill? Can Jill immigrate? •OBSTACLE: DRUG OFFENSES Jill, a U.S. citizen, is married to Javier, who has one conviction for possession of 35 grams of marijuana; he received probation for this offense. Jill and Javier have 2 U.S. citizen children. Can Jill petition for Javier? Can Javier immigrate? •THE BROKEN SYSTEM •U.S. citizens and LPRs must often wait several years to reunite legally with close family members •Other obstacles to establishing “admissibility” often make it difficult or impossible to obtain legal status •The system is broken • Part of the Family Support Network Initiative Illinois Coalition for Immigrant and Refugee Rights • Goals of Today’s Meeting: EDUCATE • President Donald Trump ran on a platform of islamophobia and hostility to immigrants. The policies his administration will continue to implement are varied but here is what you can do to educate yourself and your community: KNOW YOUR RIGHTS! • “Enhancing Public Safety in the Interior of the United States” and “Border Security and Immigration Enforcement Improvements” On January 25th President Trump signed two executive order affecting immigrants and refugees in- and outside of the United States: • Replacing the Priority Enforcement Program by reinstating the “Secure Communities” Program: Individuals affected by this change, anyone who has... •...been convicted, charged or committed a criminal offense; •...engaged in fraud or willful misrepresentation to a governmental agency; •...abused any public benefits program; •...not complied to a final order of removal. •...posed a risk to public safety or national security How will they be implementing the order: •By hiring 10,000 additional immigration officers. •By using the Federal Privacy Act as means of inspecting US Citizens and LPRs •Reviving 287(g) contracts with local and state law enforcement • • Your Rights! Law Enforcement= Police and Immigration Your Rights! Law Enforcement= Police and Immigration • ▪GIVE YOUR NAME AND BIRTHDATE. You are NOT required to give this information. You can choose to provide only this basic information to make it possible for family members to find you. You do NOT need to answer any further questions. ▪MEMORIZE YOUR ID NUMBERS: This includes your 9-digit A-Number, Jail ID # etc. → This will help your attorney or family to locate you easily. Usually written on wristband. –All detention centers provide a phone call; however, in immigration detention the charges may be billed to the inmate OR those receiving your call ▪ASK TO SPEAK TO AN ATTORNEY You have the right to an attorney. Disclose your immigration status ONLY to your attorney → This includes your Public Defender • ▪DON’T LIE. Tell law enforcement agents you want to remain silent. DON’T give explanations, excuses, or stories. Do not claim to be a US Citizen if you are not! ▪DON’T SIGN any document that you don’t understand. ▪DON’T DISCUSS your citizenship or immigration status with anyone other than your lawyer ▪TIP: Don’t hang any objects from your rearview mirror. It may provide a pretext for police to pull you over. • • • • • • POLICE Court: If you have court or probation and you do not go Warrant for your ARREST Bond: If you pay 10% of your bond you can go free. • Basic Vocabulary to Exercise Your Rights: I wish to remain silent. I wish to make a phone call. I wish to speak with a lawyer. I do not consent to your entry or search. I will not sign any document I do not understand. Am I under arrest? Am I free to leave? PREPARE • •Choose a Responsible Person for the care of your children and your finances –Power of attorney •Have a plan in writing and make sure your family knows it –What is your plan in case you are in detention/deported? •Have your documents ready AND in a safe place –Passport, birth certificates, medical records •Carry with you a list of important phone numbers, including your consulate. •GET INVOLVED with a local community organization! • • REPORT Hate Crimes Do I Have the Right to Record Interactions with Police/ICE? Family Support Hotline Questions? •For more information please visit: www.icirr.org/protection •Contact Luis Huerta-Silva– FSN Coordinator [email protected] Amanda Varela– Suburban Organizer [email protected] This training was developed by the IL KYR Taskforce Ahlam Jbara, Community Leader Arab American Family Services Asian Americans Advancing Justice |Chicago Bea & VandenBerk Attorneys at Law Brighton Park Neighborhood Council (BPNC) Centro de Trabajadores Unidos-Immigrant Workers Project (CTU-IWP) Council of American Islamic Relations (CAIR) DePaul University Legal Clinic ENLACE Chicago Erie Neighborhood House Family Focus Aurora Father Gary Graf Center Federación de Clubes Michoacanas de Illinois (FEDECMI) H.A.C.E.S. Highland Park-Highwood Legal Aid Clinic Illinois Dream Fund Jennifer Gershowitz, Community Leader Jewish Child & Family Services (JCFS) Logan Square Neighborhood Association (LSNA) Mano a Mano Family Resource Center Mexican American Legal Defense & Education Fund (MALDEF) National Immigrant Justice Center (NIJC) Northeastern Illinois University (NEIU) Northside Community Resources Oliwia Pac, Community Leader Paredes Law Office Polish American Association Proyecto de Accion de los Suburbios del Oeste (PASO) Ruth Lopez-McCarthy, Attorney Sargent Shriver National Center on Poverty Law South Suburban Immigrant Project (SSIP) Tim Myers, Attorney Yvette Lopez, Community Leader Zsazsa Pimintel, ICIRR Intern • |
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