Immigration Law Test 2

What is a green card?

physical cards that indicate the holder is a permanent resident of the U.S. and can lawfully work and travel to anywhere within the U.S.

What are the benefits of legal permanent residence status?

The individual can lawfully work and travel anywhere within the U.S.

They can also pursue citizenship after 3-5 years

What is the numerical limitation for family-based visas?

226,000 annual visas

What is the numerical limitation for an employment-based visas?

140,000 annual visas

What is the maximum percentage of total family sponsored and employment-based immigrant visas allocated to any one country?

7%

Do people immigrate more through employment or family-based visa categories?

family-based visas

How does the INA define immediate relatives?

• Spouses of U.S. citizens

• Unmarried minor children of U.S. citizens (under 21 years old)

• Parents of U.S. citizens (petitioner must be at least 21 years old to petition for a parent)

Are there any numerical limitations for immediate relatives?

No, there is an unlimited number of visas available every year

What is the definition of a sham marriage?

Entered primarily for the purpose of conferring an immigration benefit, do not provide the requisite relationship regardless of where they took place

How do immigration officials determine the validity of a marriage?

• May examine conduct prior and after marriage

• How they held themselves out to the community

• What facts do they know about each other’s daily or working lives and family members

• Has the couple made an effort to comingle its finances

What is the conditional residency required under the Immigrant Marriage Fraud

Amendments of 1986?

• It is a two-year conditional residency requirement on non-citizen spouses and their “sons and daughters”

• Only applies if the marriage is less than 2 years old at the time the non-citizen seeks permanent resident status

• In order to remove the conditional status, the couple must file a petition within the last 90 days of the conditional status

• The immigration officer will remove the status based on documentation or an interview. If the officer makes a favorable determination, then the officer will remove the conditional status and grant lawful permanent residence

Which employment-based visa categories require the PERM labor certification

Process?

EB2 and EB3

What is the purpose of a labor certification?

• requires that the employer conduct a test of local labor market

• designed to protect the local labor market ensuring that U.S. workers can apply for the position first

EB-1 (40,040 visas)

• first preference (priority workers)

• Extraordinary ability in the sciences, arts, education, business, or athletics

• outstanding professors and researchers

• certain multinational executives and managers

EB-2 (40,040 visas)

• second preference

• Members holding advanced degrees or “exceptional ability” in the sciences, arts or business

• (labor certification can be waived when the petitioner’s employment will be in the national interest, but it normally requires PERM)

EB-3 (40,040 visas)

• third preference

• skill workers in short supply, professionals holding bachelor’s degrees, and other workers in short supply (unskilled labor)

• may not be of a temporary or seasonal nature

EB-4 (10,000 visas)

• fourth preference

• certain special immigrants, including religious workers, former employees of U.S. government and international organizations and juveniles who are dependent on the U.S. court system

EB-5 (9,940 visas)

• fifth preference

• Employment creation

• Immigrants seeking to enter the U.S. to invest ($500,000- 1 million) in a new commercial enterprise that benefit the economy and create or save jobs for at least 10 U.S. workers

The process for obtaining a family/employment-based visa. (Here, just know 1-

130/140 petition and I-485 to adjust status)

Family based visas first file an I-130 while employment based visas file I-140. On approval, they file an I-485 to adjust their status to LPR and receive a greencard. Non-immediate relatives must wait for their priority number before filing the I-485. Then, they can apply for citizenship. These forms are subject to approval by the USCIS.