May

25

Basics of Immigration

Filed Under ISAAC Updates 

Alien
Refers to immigrants (legal and undocumented) in many laws

Undocumented Immigrants or Illegal Aliens – (2 categories)

EWI (Entries Without Inspection) – crossed the border illegally
Overstays – came in legally, but did not leave when their visa expired (25-40% of those undocumented)

Legal Immigrants –
Some are permanent of long term statuses – they can reside in the U.S. indefinitely as long as they do not commit a crime.  (AKA – “lawful permanent residents” or “refugees” or “asylees”)

Some are temporary or transitional statuses – they can be indefinite in length (the spouse, child or fiancé of a U.S. citizen) or one getting renewal at set intervals.

Nonimmigrant
An alien legally in the U.S. for some specific purpose for a set period of time (ex: students, tourists, diplomats, guest workers).  There are 70 nonimmigrant visa categories.

Bureau of Citizenship and Immigration Services
(Formerly the Immigration and Naturalization Services – INS)
A division of the U.S. Department of Homeland Security

Green Card
Granted to immigrants who have been approved to live in the U.S. permanently (lawful permanent residents)

Who’s eligible for citizenship?

  1. Persons who have been lawful permanent residents (green card holders) for five years.
  2. Persons who have been lawful permanent residents for three years, have been married to a U.S. citizen for those three years, and continue to be married to that U.S. citizen.
  3. Persons who are lawful permanent resident children of U. S. citizen parents.
  4. Persons who have a qualifying military service.
  5. Persons under the age of 18 may automatically become citizens when their parents are naturalized.
  6. Any person born in the U. S. (minus some exceptions regarding diplomats.)

What are the penalties for violating immigration laws?
Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

  • Assists an alien s/he should reasonable know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or
  • Encourages that alien to remain in the U.S. by referring him or her to an employer or agent for an employer in any way, or knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include:

  • Criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor.
  • Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property.

Showing Hospitality to the Least of These; Leigh Jackson; 2004; Christian Life Commission (BGCT)

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