Wednesday, 13 February 2002 This information supplements handouts in members packets. 1. Welcome and Introductions Beth Giesting, executive director of the Hawaii Primary Care Association, opened the meeting at 10:00 am and welcomed the thirty-five attendees. 2. Announcements a. H&R Block formed a partnership at the national level with Covering Kids and our local affiliates are very helpful with outreach. Oahu offices will distribute 60,000 flyers to customers and hang posters in all their offices and Hawaii and Maui offices will distribute a total of 6,000 flyers. b. Med-QUEST now exempts all ground vehicles (e.g., cars, trucks, etc.). 3. Special Guest Speaker David Gulick, INS Assistant District Director for Examinations INS's job is to explain a person's immigration status and what it means under immigration law. Your organization must make the decision as to whether or not that status is within the allowable group of benefit beneficiaries. Deportation is at the taxpayer's expense, however airport inspections and naturalization and adjustment of status are user-fee funded. Every alien coming into the United States is an immigrant under the law. People who meet specific criteria--approximately 30 categories--are considered non-immigrants. Included in Handouts Printout of the State Department's web site that has information about alien status, how to become an immigrant, and how to become a non-immigrant. They also have a children's services page. Glossary of terms that are important to people who are working with kids. Copy of speech given by INS Commissioner on 1 February 2001 to National Immigration Forum. He dealt with the current issues on adoptions from Cambodia which are closed until there is a process review to ensure people are not selling their babies. Information on the Office of Juvenile Affairs, a new entity dealing with juveniles who are arrested for illegally being in the U.S. or for trying to enter the U.S. illegally. Slowly, over the last 10 years, INS had to improve handling of minors and procedures of release to guardians or certain care homes. There is a proposed regulation regarding minors that has been reopened for comment. The most recently publicized case involves a an Asian child with HIV in Los Angeles who was being used as a prop to get other people into the U.S. The Office of Juvenile Affairs is processing the child. An explanation of the public charge provisions of our statutes that deals with Public Means Tested Benefits as defined by INS. Basic Process to Immigrate to the United States 1. The person qualifies because of an employment or family member relationship. 2. Usually a petition by a U.S. citizen or U.S. employer is filed that states the person meets the statutory definition of a United States immigrant. 3. The petition is approved and sent to the United States Embassy/Consulate overseas where the alien lives. 4. The alien is contacted and then interviewed to establish admissibility to the U.S. Note: A medical problem or criminal record can keep someone from being approved for immigration. 5. The alien establishes that he/she is admissible and is given an immigrant visa and admitted to the U.S. The person could eventually become a permanent resident alien and get an alien registration receipt card. In most cases, this is the status required to become a naturalized citizen. Some Definitions of Status A refugee is someone admitted into the United States as a refugee. U.S. Immigration and the Department of State process them outside the United States. After one year a refugee may become a permanent resident by filing an application and showing she/he has not engaged in criminal activity. A refugee only has to be a refugee the day they are admitted to the United States the first time. An asylee is in the United States and applies for refugee status. After one year an asylee may apply to become a permanent resident. After one year, if their country has changed governments, the asylee's status can be taken away and she/he could be sent home. A person paroled into the United States is not formally admitted for residence, but is here on a temporary basis for urgent humanitarian reasons or when that alien's entry is determined to be for significant public benefit. This status requires parolees to leave when the conditions supporting their parole cease to exist. Another parole status is when INS stops someone before entering the United States (e.g. at the airport). Employment Authorization Document An Employment Authorization Document is issued to someone who is not a permanent resident and is allowed to work for any employer. An alien who is brought to the United States as a non-immigrant worker/temporary worker is not given an Employment Authorization Document because she/he is restricted to work only for the employer that hired her/him (e.g., a nurse hired by Queen's Medical Center as a non-immigrant worker/temporary worker can only work for Queen's). Employment Authorization Documents can be issued for children upon request as a form of photo identification. Children Under immigration law, a child is defined as someone under 21; unmarried; born in wedlock or a stepchild under 18; born out of wedlock and supported financially; adopted before the age of 16 and has resided in legal custody with the adoptive parent for 2 years; or an eligible orphan. The definition of child is different in the Naturalization and Citizen Section of the Statute (a child born out of wedlock is not included, except for the mother). All people born in the United States--except for a select few such as children of high level diplomats) are U.S. citizens at birth. People born in American Samoa are nationals. Basically, the only difference between a citizen and national is that a national cannot vote in an election that requires citizenship. A certificate of citizenship can be given to a person (born outside of the United States) who acquires a derived citizenship. A certificate of citizenship is not mandatory. To acquire citizenship, a child must be born in wedlock to two U.S. citizens outside the United States; or born in wedlock to one U.S. citizen and live in the United States for 5 years (2 of those years after the age of 14). If a child is born to a U.S. citizen out of wedlock, the mother only had to have resided in the United States 1 year and the child is a U.S. citizen. Derivation is when a child becomes a U.S. citizen because of the naturalization of one or more parents. If an eligible orphan was adopted after 1995 by a U.S. citizen who resides in the United States, the child became a U.S. citizen the moment their passport is stamped upon admission to the United States. Prior to 1995, the child had to be naturalized. Questions and Answers 1. Are aliens in the United States under the Compact of Free Association eligible for citizenship? No. In order to become a U.S. citizen if you are not born in the United States, you must be a lawful permanent resident. Aliens under the Compact of Free Association are non-immigrants. They are not lawful permanent residents; they have not been lawfully admitted for permanent residence. Therefore, all the time they spend here under the Compacts of Free Association does not qualify them for citizenship and they are not U.S. citizens at this time. 2. Can they request to enter as permanent aliens? As long as they qualify like any other alien. 3. Can permanent residence status be taken away? Yes. The most common reason permanent status taken away is when the immigrant has been convicted of a crime involving moral turpitude or crimes that are considered aggravated felonies under INS statutes. The alien is placed in removal proceedings and allowed to argue her/his case before an immigration judge. One crime that qualifies under INS statutes is domestic abuse. Even though the alien is not sentenced to jail time, domestic abuse could result in removal from the United States. 4. In an average year, how many aliens are removed from the U.S.? INS probably removes between 100 and 200 aliens a year from Hawaii. It works with state and local law enforcement and when an alien is convicted of a serious crime the state will notify INS. While the alien is serving her/his time, INS will have proceedings to remove her/him from the United States. These proceedings can take years, especially if the person is a lawful permanent resident with appeal rights. When the jail sentence is completed, INS is usually ready to deport the alien from the United States if that is the ultimate decision. Not everyone with a criminal conviction is removed from the United States. 5. What does a "stay of deportation" mean? There are two terms: "withholding of deportation" and "stay of deportation." If a person is ordered deported, the alien can apply for a stay of deportation. This delays the execution of the warrant of removal. Sometimes INS cancels the warrant of removal and sometimes the state prolongs time before removal. Withholding of deportation or removal is similar to an asylum status. If there is a signed warrant of removal/deportation, INS will actually escort the alien to a foreign country and then the warrant is completed to show the alien was deported. 6. Children who are born in the United States to undocumented aliens are U.S. citizens.Does that help the parents establish residency rights? Not until the child is 21 when they can petition for the parent. 7. What happens if the parents are deported or removed because they are undocumented? The child goes with them or the child stays here. For a U.S. citizen child to accompany parents overseas is not considered a hardship because it's is better that the child stay with her/his parents and INS is not deporting the child. Deportation is usually at the government's expense and often INS will pay for the child to accompany the parents. 8. What was the year the law changed and children started being naturalized at adoption? After 27 February 2001, a child meeting these conditions: 1) under 18 years old that qualifies as an adopted child, eligible orphan, or a child born in wedlock that has one U.S. citizen parent, 2) is living with that U.S. citizen parent in her/his legal custody, and 3) is a lawful permanent resident. 9. There are many people who cannot write or speak English well. Is there a requirement for a language competency? There are two categories of people who apply for naturalization that do not have to speak and read and write English: 50 years old and have been a permanent resident or green card holder for 20 years (the person can be interviewed in her/his own language) or 55 years old with 15 years residency or a green card, you do not have to read, write or speak English to be naturalized. These qualifications have been in the law since 1952. 10. Does the alien or immigrant being interviewed have the right to bring someone that can speak and interpret for them? In most cases for an adjustment interview or permanent resident interview, unless INS believes it will be a problem, they allow a friend or family member to interpret. If they think there will be a problem, INS provides an interpreter.