Family-Based Visas: Overview

Overview - Family-based Immigrant Visas

Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA).

Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

·                          IR-1: Spouse of a U.S. Citizen

·                          IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen

·                          IR-3: Orphan adopted abroad by a U.S. Citizen

·                          IR-4: Orphan to be adopted in the U.S. by a U.S. citizen

·                          IR-5: Parent of a U.S. Citizen who is at least 21 years old

Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category.  The family preference categories are:

·                          Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)

·                          Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)

·                          Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)

·                          Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)

Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.

Seven Year Sentence for Criminal Alien Who Produced Counterfeit Documents

A Mexican national convicted for his role in a large-scale counterfeit document ring has been sentenced to seven years in prison following a probe by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the California Department of Motor vehicles.

Javier Hernandez-Lopez, 35, of Sacramento and Mexico City, was sentenced Friday, August 3, 2012, by U.S. District Judge Garland E. Burrell Jr. for manufacturing false identification documents and for being a deported alien found in the United States.

According to court documents, Hernandez-Lopez had been deported from the United States after serving a prison sentence for voluntary manslaughter. Following that deportation, he returned illegally to the United States and participated in a large-scale Sacramento-area conspiracy to manufacture fraudulent documents.

Hernandez-Lopez and his co-conspirators collected biographical information and photographs from individuals and business owners who wanted false identification document, such as alien registration receipt cards (green cards), driver's licenses, and Social Security cards. This information was either hand delivered or transmitted by a cellphone to the person who manufactured the false documents. The defendants then delivered the documents to the purchaser in exchange for cash.

"As this sentence makes clear, those who willfully violate our nation's immigration laws and engage in illegal activities that pose a potential security threat face serious consequences," said Daniel Lane, assistant special agent in charge for the HSI Sacramento. "The counterfeit documents produced by these operations can be used by criminals and others to mask their identities and obscure their motives. For that reason, HSI will continue to work closely with its local and federal law enforcement partners to target those who put our communities at risk simply to satisfy their own greed."

HSI agents working undercover purchased documents from Hernandez-Lopez and his co-conspirators. During the execution of search warrants, agents found computers, specialized software, high-end printers, card readers, holograms and other sophisticated equipment used to manufacture fraudulent identification documents.

Judge Burrell previously sentenced the three other defendants involved in the conspiracy: Juan Hernandez-Lopez, 39, Luis Eduardo Torres-Hernandez, 25, and Alejandro Bielma-Ortiz, 40, received sentences of 33 months, 19 months and 24 months respectively.

Assistant U.S. Attorney Michael D. Anderson prosecuted the case.

Executive of Two Sunnyvale Universities Arrested for Conspiracy to Commit Visa Fraud

The chief executive officer of two Bay Area universities was arrested Thursday, August 2, 2012, following his indictment on charges stemming from a long-term probe spearheaded by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Jerry Wang, 34, was taken into custody at his Santa Clara home the morning of Thursday, August 2, 2012. Wang is the CEO of two Sunnyvale-based institutions, Herguan University and the University of East-West Medicine. Wang is named in a 15-count indictment handed down July 24 charging him with conspiracy to commit visa fraud; use of false documents; aggravated identity theft; and unauthorized access to government computers. Wang, who made his initial appearance in federal court Thursday, August 2, 2012, is scheduled to be formally arraigned Aug. 20.

The prosecution is the result of an 18-month investigation by the Document and Benefit Fraud Task Force (DBFTF) overseen by HSI. The DBFTF is a multi-agency task force that coordinates investigations related to fraud schemes involving immigration documents and benefits.

The case indictment unsealed Thursday, August 2, 2012, alleges that, beginning in July 2007 and continuing through at least February 2011, Wang and others conspired to commit visa fraud by submitting falsified documents to the U.S. Department of Homeland Security's Student and Exchange Visitor Program (SEVP). In addition to the conspiracy charge, Wang is accused of four counts of visa fraud, seven counts involving false documents, two counts of aggravated identity theft and one count involving unauthorized access to a government computer. If convicted of all the charges, he faces a maximum penalty of up to 85 years in prison.

In light of the allegations uncovered during the ongoing investigation, the two universities face the loss of their authorization to enroll foreign students under SEVP. ICE has issued both schools a Notice of Intent to Withdraw, the first step in revoking the schools' SEVP certification. The schools have 30 days to respond to the notice and request an interview to contest the action. Meanwhile, foreign students who are currently enrolled at these universities may continue to attend classes as long as the schools remain SEVP-certified and the students are able to maintain their lawful immigration status.

The case is being prosecuted by Assistant U.S. Attorney Hartley M. K. West aided by Rania Ghawi.

USCIS Posts NEW Updates to Deferred Action for Childhood Arrivals Filing Process

            During a Stakeholder's conference call today, August 3, 2012, the USCIS announced a link to an updated website regarding Requests for Deferred Action for Childhood Arrivals. The updated website has extensive information on the filing process including:

·         Fees and fee exemptions

·         Filing dates

·         Forms

·         Evidence requirements

           

Follow the link below to read this newly released information:

www.uscis.gov/childhoodarrivals

San Antonio ICE Office Removed Record Number of Aliens in 2012

U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) officers in the local San Antonio field office deported a record number of aliens so far this fiscal year – more than 68,000 – with less than three months remaining in the year.

Of the more than 68,000 removals, 99 percent were within ICE's enforcement priorities: 37 percent convicted criminals, 33 percent repeat immigration violators or immigration fugitives, and 29 percent recent border entrants. Through smart and effective immigration enforcement, this administration remains committed to prioritizing immigration enforcement resources to target criminal aliens as well as those who threaten border security or the integrity of the immigration system.

"These record statistics show our officers are making effective enforcement decisions while adhering to our national priorities," said Enrique M. Lucero, field office director for ERO San Antonio. "Since many of our removals are criminal aliens, these stats also show our commitment to public safety. However, our success would not be possible without the close coordination of our local and federal counterparts."

The San Antonio field office encompasses 54 counties in central and south Texas, including the cities of San Antonio, Austin, Waco, the Rio Grande Valley, Laredo and Del Rio.

In fiscal year 2011, ERO San Antonio removed 63,090 individuals, a 14 percent increase from the 55,124 aliens removed in 2010. Even with three months left in the fiscal year, ERO San Antonio's current 2012 stats reflect a seven percent increase from removals for all of fiscal year 2011. Historically, the San Antonio field office has led in the nation in removals in recent years.
Following are two egregious criminals wanted for homicide who were recently removed:

·                             Carlos Alberto Tobar-Guevara, 33, a citizen of El Salvador, was removed in July. Tobar-Guevara was returned to his home country after an Interpol arrest warrant indicated he was wanted for homicide and aggravated assault.

·                             Abraham Moreno-Gutierrez, 34, was turned over to Mexican law enforcement May 17. According to an Interpol arrest warrant issued in February 2010, he was wanted for homicide and family violence in China Nuevo Leon, Mexico. Moreno-Gutierrez was illegally living the U.S. until ERO arrested him Aug. 5, 2011.

Some other criminal aliens that ERO San Antonio removed include convictions for the following crimes: aggravated assault with a deadly weapon, sex offenses, homicides, indecency with children, numerous drug charges and human smuggling.

San Francisco Gang Member Indicted; Attempted to Murder 3 ICE Agents

A federal grand jury in San Francisco indicted a suspected Bay Area gang member Tuesday, July 31, 2012, for allegedly attempting to kill three special agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) when they went to his residence in May seeking to arrest him on racketeering charges.

Victor Flores, aka Little Creeper, 20, of Petaluma, Calif., is charged in a second superseding indictment that adds additional counts to the charges he already faces. The indictment alleges Flores attempted to kill three HSI special agents May 3. He is further alleged to have used a firearm during that incident.

According to the second superseding indictment, Flores is a member of the 500 Block/C Street Gang, which is a racketeering enterprise. Its members and associates agreed to conduct the affairs of the enterprise through, among other crimes, narcotics trafficking, extortion, robbery and murder. The 500 Block/C Street Gang was a Norteño gang that warred not only with Sureño gangs, but also with rival Norteño gangs.

"As this incident illustrated, our special agents put their lives on the line every day in their ongoing efforts to promote public safety," said ICE Director John Morton. "We want to thank the law enforcement officers who've worked tirelessly to investigate the shootings and we are gratified the alleged perpetrator will now be held to answer for those crimes."

Of the three HSI special agents who were wounded during the May enforcement action, one has returned to duty full time. The other two are continuing to undergo therapy and both are making progress on their recovery.

The defendant has been in federal custody since May 4, when he was arraigned on charges alleged in the first superseding indictment. The defendant's next scheduled court appearance is Aug. 3 for a hearing before U.S. District Court Judge Susan Illston.

The maximum statutory penalty for each count of attempted murder of a federal agent is 20 years. The maximum statutory penalty for using and possessing a firearm is life in prison.

The charges are the result of an investigation by the FBI, HSI, and the police departments of Petaluma, South San Francisco and Daly City. The prosecution is being handled by Assistant U.S. Attorneys Acadia L. Senese and W.S. Wilson Leung with the support of Kevin Costello and Daniel Charlier-Smith.

San Diego Target Operation Arrests Dozens of Criminal Aliens

A total of 31 individuals, including nearly two dozen criminal aliens, were taken into custody during an enforcement operation carried out by U.S. Immigration and Customs Enforcement (ICE) in San Diego the week ending in Friday, July 27, 2012.

The three day operation, which concluded Friday, July 27, was conducted by ICE Enforcement and Removal Operations (ERO) as part of the agency's commitment to prioritize the removal of criminal aliens and egregious immigration violators.

Of the individuals taken into custody, 23 were criminal aliens whose conviction histories included child sex crimes, battery, domestic violence, embezzlement and possession of narcotics. The group also included five immigration fugitives with outstanding orders of deportation and 13 previously deported aliens.

Those arrested during the operation include:

·                             A 51-year-old Mexican man who now faces removal following his conviction and year-long incarceration for committing lewd and lascivious acts on a child under the age of 14; and

·                             A twice deported 55-year-old Mexican man with a lengthy criminal history, including prior convictions for domestic violence, drunk driving, driving under the influence of drugs, felony theft, violating a protective order, resisting a public officer and possession of controlled substance. He was removed to Mexico last week.

"ERO is committed to working hard to make our communities safer by arresting and removing convicted criminal aliens and those who blatantly ignore their deportation orders without regard for our nation's immigration laws," said Robin Baker, field officer director for ERO San Diego. "With targeted enforcement operations, we are focusing our resources on the most egregious offenders and improving public safety for the law-abiding residents in our communities."

The 25 men and six women arrested during the operation include foreign nationals from three countries – Mexico, Guatemala and Russia. The arrests took place in Chula Vista, El Cajon, Encinitas, Escondido, La Mesa, Oceanside, San Diego, San Marcos and Vista.

Last week's enforcement action was coordinated with ICE's National Fugitive Operations Program, which is responsible for investigating, locating, arresting and removing at-large criminal aliens and immigration fugitives – aliens who have ignored final orders of deportation handed down by federal immigration courts. ICE's Fugitive Operations Teams give top priority to cases involving aliens who pose a threat to national security and public safety, including members of transnational street gangs and child sex offenders.