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.
A Spanish interpretation is readily available on the bottom of your screen, under interpretation. Today we have a Spanish interpreter with us.
Hoy en dia les vamos a traer a una interpretadora y si ustedes quieren escuchar esta presentacion en Espanol, pueden
clickear en el boton que esta abajo de su Zoom, que dice "Interpretation" y ustedes pueden seleccionar en Espanol.
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.
Patrick Martinez: Thank you Karla. Good evening, everyone. As Karla mentioned my name is Patrick Martinez that I'm a staff attorney with
the UFW Foundation.
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
and your campus. And so we're here this evening to provide you with some information in conjunction with those services about
common immigration relief options that may be available to you, provide some information about the specific requirements
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.
So without further ado, we can go ahead and get started with the presentation. Next slide please?
And before we get into the more substantive information, just providing you a brief summary of the topics. [Karla]: Patrick?
Patrick: Yes?
Karla: Sorry to interrupt you, but up the Spanish interpreter is having some trouble hearing you.
Patrick: Okay. Is my volume appearing a little bit low there, or is it coming across with some measure of interference?
Karla: Patrick, she's asking if you have a mic or a loose headset?
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.
Karla: Yes, if you can switch it will be, it will work.
Patrick: Okay great. Okay just a second, I will go ahead and do that as quickly as I can.
Karla: Thank you everyone for working with us.
Patrick: Okay, I switched over to an alternative headset. Is the audio coming across a little bit better there?
Karla: Yes, thank you.
Patrick: Course, great. Well,
then we can go ahead and continue from where we left off.
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
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,
and then we will briefly provide you some information about the services that are currently being provided
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,
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.
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?
And so as I mentioned before we get started then with a brief review of the sources of immigration law. Next slide please?
Accordingly, then it's important to consider that
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
is something that
does draw connection, a direct connection to the Federal Constitution and that the Federal Constitution does
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?
And accordingly, important to note that
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,
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,
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,
and our foundation, foundational concepts and authorities, immigration law, such as we know that at this moment in time
is something that is greatly affected by the Executive Branch of government, while the Federal Congress does make enactments,
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
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?
And so, in considering that
much of the policies, and the regulations, and the rules that we need to follow and pursuing an immigration process,
that those authorities are authorities that originated with the federal immigration agencies, we get started then by first looking at
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?
And at this juncture then important to identify that there is a spectrum of immigration relief options that is available
to someone who is interested in immigrating to the United States or achieving a change in immigration status and that
there is a status which permits, there are statuses that permit someone to
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
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
amongst the spectrum of immigration relief options, some benefits which are more temporary in nature, some which
are more permanent in nature and have a pathway to lawful permanent residents, and some which also have a pathway to citizenship as
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
the highest benefit that can be accorded pursuant to those authorities and those processes. Next slide please?
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?
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,
back in 2012, through a memorandum promulgated by the then Acting Secretary of the Department of Homeland Security, Janet Napolitano, and a memorandum promulgated
in June 15 of 2012, it was indicated that certain qualifying individuals would be eligible for a set of benefits that would
be limited in that it would not provide a pathway to permanent residence or to citizenship hereafter, but did accord.
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,
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,
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,
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
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
put their eligibility in danger to renew that status and to renew for an additional
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,
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?
And in considering DACA, it's also important to note that DACA is a immigration benefit that originates with
actions taken by the federal government. It is a federal program, a federal immigration program not
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
through the laws of a particular state. It is a immigration benefit that accords someone
certain benefits such as deferral of action, and as well and accompanying employment authorization, and permits them to be in the United States
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
educational benefits and programs that are accorded by certain states and as well, it is not a program that is affiliated
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?
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
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,
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.
We do not know what may occur in the future with this program and it is important to note that
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
that particular detail, they may be able to regain their eligibility for DACA then
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.
Important to consider what the requirements for the program are and these requirements were enumerated in the memorandum that was promulgated
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
on an initial basis to be eligible for DACA, a person needed to have entered the United States prior to turning 16 years old.
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
held a degree that was the equivalent of a high school diploma or was someone that was honorably discharged from the armed forces.
As well, there were some requirements that went to physical presence in the United States and that it was necessary that an individual be
specifically present on June 15 of 2012 and that they have began that residence in the United States, on June 15 of 2007
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
was convicted of a felony or for certain types of misdemeanors, or four, three or more misdemeanors. And in addition to
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?
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,
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,
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,
such as those benefits are, but still accords real and important benefits, and that there is still a
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
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
unpermitted trips outside the United States. Next slide please?
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?
And we do so by first entering into a discussion of family based immigration processes.
As you can see on the slide before you, some of these processes, the names of these processes
that a person pursues when undergoing a family based immigration process are Consular Processing and Adjustment of Status.
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
is that where a person would have to complete either Consular Processing or Adjustment of Status.
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,
and can do so without having to leave the United States, they can complete that application process while remaining of the United States,
and Consular Processing is a process where someone can pursue permanent residence, as a result of a family based immigration process,
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.
For that reason, there is a preference for some to complete Adjustment of Status, but it is important to note that Adjustment of Status,
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,
through lawful means, meaning that they entered the United States at a port of entry,
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
after the inspection of that documentation did in fact enter the United States.
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,
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
anything in the way of lawful entry, and that individuals that were the beneficiaries of family based immigration processes that were commenced
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,
so that they wouldn't have to abandon the United States at any moment in time in order to gain their permanent residence.
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
time in the United States under that particular immigration status as an initial requirement. Next slide please?
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,
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,
a person would need to we need to complete the Adjustment of Status or Consular Processing,
but before they can get to that point in the process, it is necessary to complete the first step, and that is
a step in the entire family based immigration process where it is necessary to consider
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
a person to move forward with Consular Processing or Adjustment of Status, a person first needs to be the eligible beneficiary of a family
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,
and so at this moment in time, all the US citizens and lawful permanent residents can petition for a family member, so that,
that family member at a particular point in time can move forward with Adjustment of Status or Consular Processing.
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
mention children and sons and daughters, and that under the immigration law, such as that exists at this moment in time,
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
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
married. And so those are the family members that would be eligible for a petition
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,
but an additional difference to point out is that certain family members of US citizens would be qualified would be categorized as immediate relatives,
whereas all family members that cannot be categorized as immediate relatives would need to take a place within preference categories, and just a,
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
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,
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,
and preference category family members are family members, which unfortunately may be subject to add your limitations in terms of the
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.
Accordingly, then, to summarize our conversation of the qualifying
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
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
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?
And as I mentioned before, there is a difference in between family members that are immediate relatives of US citizens,
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,
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
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
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.
And to provide some additional information, as I mentioned before, the family members of
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
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.
Accordingly that in the F1 category we would find individuals who are the unmarried sons and daughters of US citizens,
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.
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.
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
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,
those countries have been accorded their own preference category section and for that reason
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
within the F4 category that appears under the area specifically designated for people that originate from Mexico.
And as is noticeable on the chart before you, there are different dates
for each of the categories that are visible on this bulletin and a person can determine their place in the waitline,
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,
and they will be accorded a date once they submit their petition to begin their family based immigration process,
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
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
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
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
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?
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
needs to complete Consular Processing or Adjustment of Status. An additional important point to note
is that at the second part of the process, when someone is seeking to complete Consular Processing or Adjustment of Status,
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
accords serious and important benefits to an individual and that it permits them to work and live in the United States
permanently unless the individual takes, carries out action which would put their permanent residence in jeopardy and for that reason,
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
admissible to the United States, meaning that they are eligible to be someone who can live in the United States as a permanent resident.
The technical term that is used is inadmissibility but there are factors, several factors that are considered as part of evaluating whether someone
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
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
in the near future, after becoming a permanent resident, whether or not they would be someone who could
who would be and who will need to greatly depend on government benefits in order to sustain themselves.
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
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,
but not all would be may be eligible for those waivers and
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
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
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?
And before we move on to an additional immigration benefit, just providing a
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?
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?
And here we get to an alternative pathway to permanent residence. Up to this point we've been discussing a family based immigration process,
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,
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?
Accordingly, the immigration law, such as it exists at this moment in time,
provides a pathway to permanent residence for the individuals that may find themselves in one of those tragic situations in that
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,
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
that provides or permits individuals who would otherwise be eligible for a family based immigration process to move forward
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?
And important then to note that this,
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
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
when they are looking to complete their family based immigration process. Individuals who may be eligible for a VAWA process,
meaning that they are the spouses, the children or the parents of certain individuals with qualifying immigration status,
they can complete the process on their own behalf and in determining and an individual's eligibility for a process, such as this one,
we are looking to see if they are a individual that has the requisite family relationship or did at a particular point in time,
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
reside at a particular point in time with the aggressor, and are individuals that
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,
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
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?
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?
The U Visa is a immigration process which has been made available and is a immigration process which importantly is available to undocumented individuals,
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,
might have been precluded from coming forward and participating in an investigation or in a prosecution, that may have followed a rather serious crime,
the immigration agencies have responded to those situations and to those contexts, by providing a immigration process,
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,
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
at a particular point in time, pursue Adjustment of Status and gain their permanent residence.
So U Visas at this moment in time, is an immigration process that is available generally to individuals who
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,
and have been the victims, whether directly or indirectly of serious crimes, crimes that have been
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?
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,
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
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
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.
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
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,
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
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
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
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,
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
spend time on a waitlist that could last as long as five years. Next slide please?
And here we turn to Naturalization which is the highest immigration benefit that can be accorded to someone who
lives in the United States. Next slide please?
And there are several pathways to note, it is important to note there are several pathways to Naturalization, as we mentioned before,
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
individuals with qualifying immigration status, but are responsible for important misconduct in that they have been involved in
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
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
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,
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.
Highlighted before you are some of the most important benefits and rights that
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
lawful permanent residence is a status immigration status which permit someone to live in the United States permanently,
but it does have limitations in comparison with citizenship in that a permanent resident
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
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,
whereas a citizen is not similarly limited and that a citizen is free to leave the United States and travel internationally
for whatever duration, they desire. So, if a individual is at the stage where they are in fact a lawful permanent resident,
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?
Important then to consider the requirements for Naturalization and generally those requirements are that an individual be 18 years old,
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,
and they can actually pursue their citizenship application 90 days before completing
five years as a permanent resident, but there are in fact certain individuals
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.
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,
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
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.
In addition to that requirement of a particular period of time as a permanent resident is, it is also necessary that an individual
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.
It is also necessary that an individual as mentioned before, not take trips that exceed six months because that could expose them to
a charge of abandonment of permanent residence and so important that lawful permanent residents keep in mind that they are
limited in terms of the duration of their international trips. In addition to those requirements it's also necessary,
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
spent or have completed a significant period of time as level permanent resident, and have already
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
the US Civics exam, which they must successfully complete before they can be successfully naturalized.
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,
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
of those 20 pages, a significant portion are questions that are addressed to issues of good moral character.
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
accredited representative that can appropriately apprise them of the risks inherent in moving forward with the Naturalization application,
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,
the person who is interested in moving forward with Naturalization also needs to
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.
Next slide please?
Karla: Patrick, I do want to mention that we have about a minute left in our workshop. So...
what was next for you before we take questions for the audience?
Patrick: So, at this moment in time, Karla, we have
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
next slide please?
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
immigration legal services to members of the campus community, which includes students, faculty, and staff of those campuses. Next slide please?
And
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?
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
person that is affiliated with the campus hopes to
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?
And finally, just a reminder that the services that are being offered on select campuses are offered on particular days of the month.
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,
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?
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
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.
A individualized session is the more appropriate context for such a question.
Karla: Thank you, Patrick.
Patrick: Of course, Karla.
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.
[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,
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
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,
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.
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.
Thank you for your feedback, Alex.
All right. Bye, everyone. This does conclude our webinar.
Patrick: Good afternoon everyone.