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Immigration Law
St. Thomas University, Florida School of Law
Fonte, Kari Ann

IMMIGRATION LAW FONTE
SUMMER 2018
 
FAMILY-BASED
PREFERNCE BREAKDOWN
 
GENERAL INFORMATION
WHAT IS THE GOAL OF FAMILY IMMIGRATION?
Family unity
 
IS FAMILY PERFERNCE SUBJECT TO THE QUOTAS?
No
 
WHO IS THE PETITION?
The party who files the petition
 
WHO IS THE BENEFICIARY?
The noncitizen whose behalf the petition is being filed for
 
WHAT VISA PETITION DO YOU FILE FOR IMMEDITATE RELATIVES AND FAMILY SPONSERED ?
I-130
 
WHAT VISA PETITION DO YOU FILE FOR EMPLOYMENT BASED IMMIGRANTS?
I-140
 
WHO IS EXEMPT FROM THE GENERAL QUOTAS?
 
Child must be under 21 years of age
Immediate relatives [Parents, Spouses, and Children] of US Citizens
 
 
 
OTHER GROUPS NOT SUBJECT TO THE QUOTA?
LPRs returning from abroad
Children born to LPRs
Certain former US citizens
Persons who receive certain permanent forms of discretionary relief from removal
 
Refugees have their own limits
Parolees
 
Refugees
 
WHAT IS A PAROLEE?
An applicant into the US temporarily for urgent humanitarian reason or significant public benefit
 
What types of Parolees are there?
Advanced Parolee
 
NO GUARANTEE THAT THEY WILL BE PAROLED AGAIN UPON RETURN
Permission to leave the country with the knowledge that they will most likely be paroled back into the US upon there return
 
 
 
 
Parole in Place
A noncitizen is presence in the US without being admitted and has no intention of leave
 
Is being paroled considered an admission?
No
 
DOES CONGRESS ADMIT SPECIAL GROUPS ON A NONQUOTA BASIS?
Yes
 
Who are these groups?
National of countries that are underrepresented in terms of immigration
 
Select countries that are part of a unusual migration
        Are given L

nt-child relationship
 
NATURAL PARENT LOSES IMMIGRATION RIGHTS
       
 
Adopted Child
                Under the age of 16
 
UNLESS the child is the subject of abuse
                Must reside with the adopted parents for at least 2 years
 
               
 
               
 
FIRST PREFERENCE
UNMARRIED SONS AND DAUGHTERS OF US CITIZENS
 
SECOND PREFERENCE
THE SPOUSES AND THE UNMARRIED SONS OF AND DAUGHTERS OF LPRs
 
2Aà Spouses and Children of LPRs
 
2Bà over-age-21 unmarried sons and daughters of LPRs
 
THRID PREFERENCE
THE MARRIED SONS AND DAUGHTERS OF US CITIZENS
 
FOURTH PREFERENCE
THE BROTHERS AND SISTERS OF OVER-AGE-21 US CITIZENS