Anthropology essay final

(AKA The laws about who belongs and who decides?)

• What are the laws that govern the entry and exit of non- citizens?

• Who gets to come to the US and who gets to stay?

• Who gets kicked out?

• Who gets access to citizenship?

**NOT policies/enforcement measures/practices. The LAW.**

Google search for: “What part of legal immigration don’t you understand?” - images

REVIEW THE CHART – ANSWER WITH A PARTNER

If you were going to try to immigrate to the US, which option would you hope to use?

Which option would you hope you wouldn’t have to use?

(Which are the best and worst options and why?)

Other observations or questions?

• https://www.youtube.com/watch?v=GJFhthhrgZ4

https://immigrationroad.com/green-card/immigration-flowchart-roadmap-to-green-card.pdf

• Complex system of categories based on personal history of a person (and sometimes her/his relatives)

• “Officially, to be meritorious, individuals first have to be minimally eligible for a particular status, occupy the procedural position, meet narrowly defined legal criteria, have proof of their claims, and so forth.” (Coutin, Legalizing Moves p. 61) • Difference between having the legal history necessary to attain a certain

status (eligibility) doing the paperwork, demonstrating proof, following the correct process, and getting approved (getting a new status)

• Ie. U.S citizens who don’t know they are U.S. citizens

• Legal categories of eligibility

• Priorities guiding these categories

• Temporariness/permanence/access to citizenship

• Reunification of families

• Admitting immigrants (and nonimmigrants) with skills that are valuable to the US economy

• Protecting refugees

Seems simple but…

• (Which families? What is a family?)

• (Which skills are valuable? Who determines value?)

• (Which refugees?)

Immigrant visas –

permanent residence, permission to work, capacity to naturalize (potentially)

“legal immigrants”

“green card holders”

Nonimmigrant visas - temporary residence. Some employment. Tourism. Students.

Some subject to yearly limits/quotas, others not (impacts wait time)

• No permanent status • Must have a permanent residence abroad, demonstrate ties to home

country – prove they will not stay in U.S. (INTENT) • For a specific (temporary) purpose - diplomats, business visitors,

tourism and medical treatment, students, treaties, international organization representatives, seasonal/agricultural workers, exchange visitors, fashion models, “workers of extraordinary ability”, religious workers, etc.

• Often tied to employers for status – cannot change employers • Many categories subject to labor certification process • SOMETIMES can apply to adjust status to be eligible for green card • Some can bring families, some cannot (some family members can

work too, some cannot)

Click here for info from USCIS on Nonimmigrant Visas

• Some “immigrant,” some “non-immigrant”

• Refugees and asylees

• Battered spouses, children, parents

• Victims of human trafficking and other crimes

• Humanitarian parole (individual cases)

• Deferred Action (DACA and DAPA) – undocumented people brought as children, some parents… temporary relief from removal (2012)

….. “economic refugees”????

• diversity lottery– random selection countries with low rates of immigration

• DACA and other temporary statuses (TPS in humanitarian category?)

• First, family member files form I-130 to establish the relationship that makes you eligible. https://www.uscis.gov/i- 130

• ^^This gives you your “priority date” (your “place in the line”) • A bunch of other forms, including “affidavit of support” ($$$) • Eligible family members must wait until there is a visa number

available before they can apply to become a lawful permanent resident.

• When your priority date comes up, you can submit I-485, Application to Register Permanent Residence or Adjust Status https://www.uscis.gov/i-485 - this gets you your visa interview and eventually a green card (if all goes well)

1. Only LPR or citizen can petition

2. Only certain family members eligible

3. Time-consuming, costly process • 1 form (I-130) per would-be immigrant

• How much do you think it costs?

• $535 per form – 4 people = $2600

• Other paperwork fees, travel

• Affidavit of support 125% poverty line

4. Annual statutory quotas

5. Visa backlogs

• “Priority date” - State Department Visa Bulletin: • https://travel.state.gov/content/travel/en/legal/visa-law0/visa-

bulletin/2020/visa-bulletin-for-november-2019.html

• Explainer https://www.uscis.gov/greencard/visa-availability-priority- dates

• Final Action Date vs. Date for Filing, explained: • https://lhscimmigration.com/immigration-news/news/date-for-filing-vs-final-

action-date-the-department-of-states-new-two-tiered-visa-bulletin/ • Obama EO changes - “There is now a “Date for Filing,” which determines

whether or not you can submit the final application, and also a separate “Final Action Date,” which indicates whether or not it is expected that a visa number will be available. In many cases, the Date for Filing will be well before the Final Action Date, meaning that, for the first time, people will be eligible to submit an application for permanent residence well before it is even possible for the government to approve that application.”

• You can file the application for Adjustment of Status when the Date for Filing is after your priority date, but the application can only be approved when the Final Action Date is after your priority date.

(Why was this change significant? - BASICALLY, people have a temporary permission to stay in the country and work while waiting for their green card)

If you are undocumented can you gain legal status? More here: https://www.americanimmigrationcou ncil.org/research/why- don%E2%80%99t-they-just-get-line

• re-entry bars on immigrants who accrue “unlawful presence” • “unlawful presence” not defined in immigration law. Defined in practice:

• generally, an immigrant who enters the United States without inspection, or who overstays a period of authorized admission, will be deemed to have accrued unlawful presence.

• Individuals who accrue more than 180 days, but less than one year, of unlawful presence are barred from being re-admitted or re-entering the United States for three years;

• those who accrue more than one year of unlawful presence are barred for ten years

• Also a permanent ban - Attempting to enter the U.S. without permission after a past deportation or one year's total stay in the U.S. results in permanent inadmissibility.

• Do you think these re-entry bars work effectively to deter unauthorized entry/residence?

• Grounds for removal… INA 237, p. 288 • Inadmissibility at time of entry

• Criminal grounds (drugs, aggravated felonies, domestic violence, etc.)

• Violation of visa/ immigration status (employment or overstaying)

• Human smuggling and trafficking

• Marriage fraud

• National security grounds

• http://www.alllaw.com/articles/nolo/us-immigration/grounds- deportability-vs-grounds-inadmissibility.html