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The purpose of this article is to explain Form I-130, the Petition for Alien Relative, as well as to describe some changes to Form I-130 that occurred in 2017. Form I-130 is used by American citizens or permanent residents to sponsor a relative’s the Visa petition. It establishes the familial relationship between the U.S. citizen or permanent resident and the person seeking a Visa, as well as the citizen's or resident’s intention to assist the non-resident in immigrating to America. Form I-130 is a prerequisite to familial Visa petitions. The Visa petition itself is filed as a separate form (Form I-485).
On June 26, 2017, the Supreme Court agreed to hear oral arguments over President Trump’s revised travel ban. Oral arguments will be held in the session that begins in October of 2017. In the meantime, the Supreme Court has partially lifted the lower courts’ preliminary injunctions that had prevented the travel ban from going into effect.
Trump issued the initial travel ban as an executive order which prevented individuals from Iran, Libya, Somalia, Sudan, Syria, Yemen and Iraq from entering the United States for 90 days. The executive order also prevented refugees from entering the U.S. for 120 days. The 9th Circuit Court of Appeals upheld a lower court’s ruling preventing this initial ban from going into effect.
Some may think that one can reside here in the United States permanently with “lawful permanent residence status” commonly known as a Green Card. Often Green Card holders are surprised to find themselves in Removal Proceedings. Although people who carry non-immigrant visas or green cards have the right to be in the United States. This right is dependent on the fact that the alien has not violated legal rules. The following are examples of a few grounds that a legal permanent resident may find himself in removal proceedings:
President Trump reissued his Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into The United States.” This act shall take effect on March 16, 2017. This Executive order will ban nationals from six designated countries -- Syria, Iran, Libya, Sudan, Yemen, and Somalia. Natives from these countries are banned for at least 90 days. Unlike the previous Executive Travel Order, natives from Iraq are exempt. Additionally, the order will put a halt on The United States Refugee Program (USRAP) for 120 days.
If you have fled another country based on a “well-founded fear of persecution” based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for Asylum in the United States. If you are granted asylum, after entering the United States either legally or illegally, you will be permitted to remain a resident in the United States. Both refugees from outside of the country and individuals who have entered the country illegally are eligible for asylum.
There are two pathways that individuals seeking asylum can follow: (1) Affirmative Asylum; and (2) Defensive Asylum.