IMMIGRATION TODAY

What, Why, and More

Raymond G. Lahoud, Esq.

Chair, Norris McLaughlin Immigration Practice Group
www.RaymondLahoud.com
This handout provides information in the area of immigration law. The information contained
in this handout should not be construed as legal advice, and readers should not act upon it
without professional counsel. 1
Copyright © 2018 Norris McLaughlin, P.A.
 OUTLINE
 Immigration Law Basics
 Immigration Law Purposes
 Immigration Background
 Pennsylvania and Lehigh Valley Immigrants
 Immigration System
 Immigration Courts/Deportation Proceedings
 Pathways to LPR Status and Citizenship

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 Immigration Law Basics
 INA creates distinct groups based on
“status” in the United States
– Citizen
– Nationals
– Aliens
 Lawful Permanent Residents
 Lawful Temporary Residents
 ILL-Documented

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 Immigration Law Basics
Aliens
– LPR Aliens (the “Green Card”)
Never lose status, even if expired card
Can’t Vote, Can be Deported, Probationary “Citizenship”
– Lawful Temporary Aliens
“Non-Immigrants” - In US for Specific Time/Purpose
Cannot Violate Visa Restrictions
Students (F-1), Visitors (B1/B2), Expats, Execs, H1Bs, parolees, etc.
Side Note: The “Green Card” has Not Been Green since 1976

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 Immigration Law Basics
 Aliens
– ILL-Documented Aliens
 EWI
 Overstays
 Visa Violators
 Non-LPR Removal Proceedings
 Asylum Process
 Deferred Action for Childhood Arrivals

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 Immigration Law Purposes
Purposes of Immigration Law
– The Statutes, Regulations, and Legal Precedents
governing:
The Admission of ALIENS into the United States
The Deportation of ALIENS from the United States
– Federal Government EXCLUSIVE Control
Does NOT affect Natural Born US Citizens
Only Impacts Naturalized Citizens if Naturalized through Fraud
Complex

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LEHIGH VALLEY IMMIGRANTS

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 IMMIGRATION SYSTEM
 Immigration and Nationality Act
 McCarran–Walter Act
 Outdated – Adopted in 1952
 Major Changes – 1986, 1996, 2001.
 None Since
 Changes Increased Complexity,
Enforcement and Executive Authority
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 IMMIGRATION SYSTEM
 Immigration and Nationality Act
 Significant, Unchecked Executive Authority
 Presidential Border Authority
 Interior Border Authority
 Granted by Congress
 Never Changed…It Is What it Is.
 More Importantly, INA Limited Due Process

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 IMMIGRATION SYSTEM
 Immigration and Nationality Act
 Crossing the Border
 Overstaying your Visa
 Criminal Prosecutions and Illegal Reentry
 Permanent Residents
 Asylum
 Detention
 And, finally, the Immigration Court System
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 IMMIGRATION COURTS
 All Under the Direction of the Executive
Branch through Attorney General and DHS:
Immigration Courts, Immigration Appeals
Court, Enforcement, Prosecutors,
Immigration Judges, Immigration Appeal
Court Judges
 First Chance of Review: Circuit Courts

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IMMIGRATION COURTS

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 IMMIGRATION COURTS
 Civil vs. Criminal
 Civil Detention under INA
 Courts are Not What One Would Expect
 Mandatory Civil Detention under INA
 Right to Representation at Own Expense
 IJs, Prosecutors, BIA, ICE – all under Executive
Branch
 Present Forms of Relief – Burden on Immigrant

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DEPORTATION PROCEEDINGS

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 WAYS TO LPR STATUS

 Family Based

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 WAYS TO LPR STATUS

 Employment
 Investment
 Asylum/Refugee
 Removal Proceedings
 Special Immigrant Visas
 Student to OPT to H-1B to LPR Status

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 WAYS TO US CITIZENSHIP
 LPR Status is Probationary Citizenship
 Two Ways to Citizenship Exist. INA does not
have the clearest of pathways.
 Must Prove Several Elements
 Two Paths:
1) 5 Years as LPR
2) 3 Years as LPR while Married to US
Citizen for Three Yeas
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 Q&A

This handout provides information in the area of immigration law. The information contained
in this handout should not be construed as legal advice, and readers should not act upon it without 30
professional counsel. Copyright © 2018 Norris McLaughlin, P.A.