DFW Sketch 344: Caiman

Smith Falls II

DFW Sketch 343: Abraham Iguanadon

DFW Sketch 342: Ankylosaurus

DFW Sketch 341

Smith Falls I

According to the Wikipedia article:

Smith Falls, at 63 feet (19 m), is the highest waterfall in the state of Nebraska. Located 18 miles (29 km) east of Valentine, the falls is part of Smith Falls State Park and is adjacent to the Niobrara National Scenic River. The state park was established by the Nebraska Game and Parks Commission in 1992; in 1996, a footbridge was built across the Niobrara River to provide more convenient public access.

DFW Sketch 340

Immigration 101: Refugee/Asylum Status and Diversity Visas

Previously, I stated that our immigration law doesn't care about who wants to come to the U.S., but instead cares only about who people in the U.S. want to bring here. This is not entirely true. There are two basic ways an alien can come to the U.S. because they want to come here, but they are very limited. These are refugee and asylum, as well as the diversity visa program. The former is intended for humanitarian purposes, and the latter is for the purpose of encouraging diversity in the U.S.

Refugees

Refugees are people who are persecuted, by their government or an entity the government is unable or unwilling to control, because of their membership in a discrete social group (think religion, race, or homosexuality) or for their political opinion. As long as they can prove these things, the requirements for refugees are much looser than for other types of immigrants--Basically, they just have to prove they aren't a terrorist or haven't supplied "material support" to terrorists (the definition is the issue of much contention). The USCIS Refugee Affairs Division (often called the "refugee corps") conducts interviews of these people to determine which ones are admitted to the U.S. If they are, we pay for their flight, and they get basically all of their immigration benefits for free.

Asylees

An asylee is a person who meets the definition of a refugee, but is already inside the United States. They can make an application for asylum by filing Form I-589 with USCIS, or by raising the issue in removal proceedings. If they are eligible for asylum, it doesn't matter how they got here: They could be border jumpers, or have gotten in based on fraudulent documents, or any other way, including legally. Asylees also get their immigration benefits without paying any fees.

The Diversity Visa Program

The Diversity Immigrant Visa is a bit of an odd duck in immigration law. Often called the "visa lottery," it is just that: Numbers are assigned randomly to all the applicants, who must be from countries with low rates of immigration into the U.S. If you apply, you just hope your number comes up by the end of the year (only 50,000 can get in on this program each year, though usually not all of the numbers are used up).

Summary

Now, you know all of the ways an alien can become a permanent resident of the United States of America: (1) A U.S. relative wants them here, (2) a U.S. business needs them here, (3) they want to come to avoid persecution in their homeland, or (4) they just get lucky.

Next time, I will discuss nonimmigrant visas, or visas for people who are just visiting.

DFW Sketch 339: Brontosaurus

No. 2043

DFW Sketch 338: Stegosaurus

Immigration 101: Getting a Green Card

After getting an approved immigrant petition, an immigrant must then obtain a "green card," or legal permanent resident card. This can be done in one of two ways: (1) consular processing or (2) adjustment of status. In either case, the alien must have an approved immigrant petition and must not be inadmissible. They must also have an immediately available visa, either because they are an "immediate relative" of a U.S. citizen or because their number is available under the visa bulletin. They must also undergo a medical examination and obtain certain vaccinations. In both cases, they can bring their spouse and unmarried children under 21 years of age with them.

Consular Processing

If an immigrant is outside the U.S., they will apply for their visa at a U.S. embassy or consulate through the U.S. Department of State. I'm not entirely acquainted with the requirements, but I understand they have to prove they don't have a criminal record which makes them inadmissible and they also have to prove their identity. If the consular officer approves the application, this still doesn't make them a permanent resident. They must go to a U.S. port of entry (by land, sea, or air) and apply for admission through an officer of Customs and Border Protection, part of the Department of Homeland Security. This officer will also verify their identity and can turn them away if the officer believes they are inadmissible. If the CBP officer admits them, they are then a permanent resident.

Adjustment of Status

If the alien is inside the U.S. (either on a nonimmigrant visa or as an illegal alien who is admissible due to asylum status or a previous amnesty program) they can apply to adjust their status to that of a permanent resident by filing Form I-485 with U.S. Citizenship and Immigration Services, another branch of DHS. The requirements are essentially the same as for consular processing, but they must also establish they entered the country legally and have remained legal the entire time they were here, with some room for forgiveness, or they are eligible for a waiver or meet an exception to the rules.

Summary

So, just so we're clear, I'll go over the basic steps again. First, someone in the U.S. (a citizen, permanent resident, or business) petitions for the alien. If the petition is approved, and when the visa is available, the alien makes an application to either a consulate or USCIS. If the application is to USCIS, approval means they are a permanent resident. If the application is to a consulate, then they must come to the U.S. and apply for admission by a CBP officer. Approval makes them a permanent resident.

Next time, I'll discuss some other ways to become a permanent resident which are less common, but also important: refugee and asylum, and the diversity visa program.

DFW Sketch 337: T-Rex

No. 2003

DFW Sketch 336: Triceratops