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Assignment 4

Incorporate terminology from the book, PowerPoint lectures.

1)

While visiting from Australia, Joe Fox wanders into a small bookstore owned by Kathleen Kelly, a US citizen. After a brief conversation, they soon realize that that Joe is Kathleen's business rival, as he owns a large commercial bookstore chain that is looking to open a new store across the street from her. While it was not love at first sight when they first met, they fall madly in love after a few months of exchanging emails and a chance meeting at a party. Joe and Kathleen are engaged one month before Joe's status in the U.S. expires, and they realize that they will soon have to do something about his immigration status before he returns to Australia, his country of citizenship. Based upon the above, explain:

(1) What form and types of evidence would Kathleen would have to file to obtain a fiancee visa for Joe?

(2) What form and types of evidence would Kathleen have to file if she and Joe married before he left for Australia and she wanted to bring Joe back as her spouse?

(3) What agency would Kathleen file the forms mentioned in the two questions above?

(4) What main protection does a fiancee visa give Kathleen that a spousal immigrant visa does not?

(5) What major benefit does a spousal immigrant visa give Joe that a fiancee visa does not?

2)

A. Explain the purpose and role of the U.S. Department of Homeland Security (USDHS) as it relates to immigration. (5 points)

B. Explain the mission and objectives of each subagency of the U.S. Department of Homeland Security listed below:

    (i)    U.S. Customs and Border Protection (5 points),

     (ii)  U.S. Citizenship and Immigration Services (5 points), and

     (iii) U.S. Immigration and Customs Enforcement (5 points).

3)

While at a charity event, Meghan meets a dashing young Englishman named Harry, and they fall madly in love. Despite Harry not actually being a member of the Royal Family or an actual prince in this hypothetical scenario, Meghan could not stop thinking that Harry looked like a "prince" when compared with her ex-husband Trevor, who she legally divorced in 2013. Meghan is a U.S. citizen and lives in California.  Harry is a citizen of the United Kingdom, lives in Wales, and has never been previously married. They decide to have a fairytale wedding, but shortly after their legal marriage ceremony in England, a royally large amount of family tension causes them to reconsider their future plans. Harry secures a visitor visa to the U.S. so that he and Meghan can visit with her family after the wedding. 5 months into Harry's authorized 6 month visitor visa stay, they decide that they want to live together in California. However, Harry does not have any immigrant status in the U.S. In light of the above fact scenario, answer the following 2 questions:

A. What immigration forms, supporting documents, and evidence will Meghan have to file on behalf of Harry with USCIS? (10 points)

B. What immigration forms, supporting documents, and evidence will Harry have to file with USCIS to apply for immigrant status and be able to work and travel while his application is pending? (10 points)

4)

Explain the differences between an H1B visa and an H2B visa, including:

A. the purposes for H1B visa category versus the H2B visa category (2 points),

B. requirements that must be shown in order for each visa to be issued (4 points),

C. employer qualifications or valid reasons to obtain each visa (4 points),

D. beneficiary qualifications or requirements to obtain each visa (4 points),

E. the types of job positions that each visa is used to obtain (4 points), and

F. the long-term immigration prospects of both (2 points)

5)

For employment based preference categories, what are the differences between professionals, skilled workers, and unskilled / other workers?

6)

Explain the U.S. Department of Labor's role in the immigration process, and what immigration matters and applications they handle.

7)

What is the 2 part Kazarian Test, and what immigration classification is it used for?

8)

Name five qualifications that a foreign national must possess in order to demonstrate eligibility file for and obtain naturalization.

9)

State five (5) different types of evidence that aliens and spouses may present with the petition for an immigrant visa as evidence of their legitimate marriage and relationship.

10)

Amal is expecting her first child with her husband Ali. Both Amal and Ali are citizens of Turkey. While 7 months pregnant, Amal flies to the United States to stay with her aunt for one week, and she legally enters the US on her visitor visa. Unexpectedly, Amal goes into labor shortly after she arrives in the U.S., and she gives birth to her son at U of M hospital in Ann Arbor, Michigan. 

1. Based upon the above facts, will Amal and Ali's son be considered a U.S. citizen, even though neither parent is a U.S. citizen? (State "Yes" or "No").

2. Would Amal and Ali's son be considered a U.S. citizen if Amal did not enter the U.S. legally and instead illegally entered into the U.S.? (State "Yes" or "No".)

11)

Explain what "dual intent" mean in terms of immigration, and state which nonimmigrant visa classification(s) allows for dual intent.

12)

Jose is a Mexican national who crossed the border without any visa or authorization in 2004 into the United States; he entered without inspection (EWI). He has never left the United States. He is married to a U.S.C., and they have 2 children. They run a landscaping business together, although his wife is needed at home more for the kids. Last year they bought a house and have a substantial mortgage, although a good home for their family. Unfortunately, their daughter has had seizures and has been diagnosed with epilepsy. Jose was recently placed in removal proceedings.

 Jose's wife has filed an I-130 relative petition for an immigrant visa on his behalf. Is Jose eligible to file for adjustment of status with USCIS and stay inside the United States? Why? If not, how would Jose apply for his immigrant visa, and what issue would he face in obtaining it?

13)

Explain in complete sentences how a foreign national studying in the U.S. on an F-1 student visa may obtain off campus employment without using CPT or OPT, including the two things the student must demonstrate to USCIS, form the student must file, and the maximum number of hours that the student may work per week.

14)

State five (5) advantages that foreign nationals gain when they are granted U.S. citizenship.