Immigration 101�&�Family Preparedness

Agenda

Disclaimer

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I’m not an expert and I’m not even really an immigration attorney. This is information I’ve learned from organizations and others who are more knowledgeable.

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Immigration Terms

• Visa – a document issued by a foreign country’s government that allows an individual to enter, stay, or leave that county for a specified period.
• Lawful Permanent Resident (“green card”) – LPRs have the right to live and work in the US indefinitely, and they may eventually apply for US citizenship.
• Adjustment of Status – the process of applying for permanent residency from within the US, as opposed to applying from outside the US.
• Naturalization – the process in which a foreign-born national becomes a US citizen.
• Migrant – a person who leaves their country of origin to seek temporary or permanent residence in another country.
• Deportation – also known as “removal”. The legal process of expelling an individual from a country for violating immigration laws or committing certain criminal offenses.

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Non-Immigrant Visas

(for temporary stays)

Immigrant Visas

(for permanent residency)

• Family-based visa
• Spouse of U.S. citizen
• Fiancé(e) to marry U.S. citizen & live in U.S.
• Certain family members of U.S. citizen
• Employment-based visa
• Priority workers
• Professionals holding advanced degrees

Types of Visas

• Athlete, au pair, business visitor, exchange visitor, diplomat or foreign government official, visitor for medial treatment, media/journalist, religious worker, student, temporary agricultural worker, tourism/vacation & more

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Domestic Violence Related Visas

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• T-Visa (Victim of human trafficking)
• Must be in the U.S. on account of the trafficking
• U-Visa (Victim of criminal activity)
• Qualifying crime must be in the U.S. or have violated U.S. law
• VAWA (Violence Against Women Act)
• For victims of domestic violence married to a U.S. citizen or permanent resident
• SIJS (Special Immigrant Juvenile Status for child victims)
• For victims of abuse, abandonment, or neglect by one or both parents

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Case Processing Times

• I-130 Petition for Alien Relative
• U.S. citizen filing for a spouse, parent, or child under 21
• 80% of cases are completed within 65 months
• I-765 Application for Employment Authorization
• 80% of cases are completed within 5 months
• I-914 Application for T Nonimmigrant Status
• 80% of cases are completed within 25 months

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Timeline to Citizenship

To be eligible for U.S. naturalization:

• Lawful permanent resident for at least the past 5 years (or past 3 years, if married to and living with a U.S. citizen spouse)
• Physically present in the U.S. for at least half of the past 5 years (or 3 years)
• Continuously resided in the U.S. for the past 5 years or 3 years)
• Must have good moral character

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After applying for naturalization:

• Attend interview with USCIS agent
• Take government civics test and English test
• The civics test is an oral test of 20 questions from the list of 128 civic questions. Need to answer 12 questions correctly.
• Attend ceremony to take the Oath of Allegiance

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Deportation Process

• The U.S. may detain and deport noncitizens who:
• Participate in criminal acts
• Are a threat to public safety
• Violate their visa
• A foreign national may be held in a detention center before trial or deportation.
• After being detained, a noncitizen may go before a judge in immigration court during the deportation process.

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• If a judge rules that the deportation should proceed, ICE carries out a removal order
• Before deportation, a noncitizen might be able to leave the U.S. at their own expense as voluntary deportation
• Majority of removals are carried out by air at U.S. government expense

What is family preparedness? �

• Family preparedness is the proactive process of planning and acquiring supplies to ensure safety, communication, and well-being of all household members before, during, and after an emergency or disaster.

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• It is especially critical for immigrant families to think ahead and set more concrete plans for immigration emergencies that can arise.

Gathering important documents

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Parents/Guardians should gather these documents and keep them in a safe place

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Create a plan

Make copies of these important documents. You can provide those copies to the chosen caregivers in case of an emergency

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Communicate with your family

Tell your children what the plan is, who to call, and where to find these documents in the event they are needed.

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Delegation of Parental/Guardian Powers

• A specific type of Power of Attorney that grants any powers of the parent or guardian regarding the care, custody, and property of the minor child to another party. This includes the authority to make decisions regarding the child’s residence, education, health care, etc. It is valid only for 6 months.
• The parent granting the Delegation can withdraw it at any time.
• Does not guarantee that the minor child will be placed with the caregiver.

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Relative Caregiver Affidavit

• Permits a family member (“Relative Caregiver”) to consent to medical treatment and educational services for a minor child if the consent of the legal parent or guardian cannot be obtained.
• Can only be completed after the parent becomes unavailable and the child is already living with the family member.
• The family member chosen to be the caregiver should have a blank copy of the Relative Caregiver Affidavit on hand.
• The Relative Caregiver Affidavit only lasts 1 year.
• The form requires the Relative Caregiver indicate what efforts they have made to contact the parents or legal guardian of the child

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How Attorneys Can Help

• Draft documents or assist with completing documents:
• Power of Attorney, Wills, Delegation of Parental/Guardian Powers, Relative Caregiver Affidavit, etc.
• Notarize documents (for no charge)
• Provide choice to your client about appearing for court remotely (when possible)
• Allow the opposing party to appear remotely if requested (don’t object just to object)

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Resources & Where to Find More Information

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• Latino Network (latnet.org)
• Oregon For All (oregonforall.us)
• Portland Immigrant Rights Coalition (PIRC) (pircoregon.org)

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��Willamette Valley �Inns of Court�� November 20, 2025 �