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America is a country made up of immigrants.  For centuries, people have come to the United States to escape oppression, visit, do business, vacation, or for any number of other reasons.  In recent years, though, the flood of immigrants into the country (from all over the world) has brought about some re-examination and overhauls of immigration law and policy.  California, as a border state, has its own set of challenges and problems when it comes to immigration.  This is a brief outline of some of the immigration policies that are in place in California:

Santa Barbara MARRIAGE AND FIANCEE VISAS

Family unity is seen as being key to U.S. immigration policy, and the same is true for California law.  Visas can be obtained for an overseas fiancee, and immigration barriers can be overcome in order to marry a United States citizen (or for an American to marry a foreign national in the United States). 

Santa Barbara FAMILY VISAS

California law does provide for bringing children, parents, brothers and sisters living abroad into the U.S.  In many cases, this can go from a visa or non-immigrant visa to become a path to permanent residence and full citizenship. 

A petition will have to be filed with the Department of State, which then will determine if an immigrant visa number is available.  The Department of State prioritizes such petitions:

The exception to this rule is for the immediate family of U.S. citizens; parents, spouses and children under 21.  In such cases, no visa number is necessary and visas are immediately available once the visa petition is approved.

Santa Barbara DIVORCE AND IMMIGRATION

Especially in cases where a couple has been married less than two years, a divorce can have an effect on immigration status.  Often greencards will have a 2-year condition placed on them (if the marriage is less than two years old).  If the couple doesn't apply to have this condition removed, their residence status may be terminated.  Divorced immigrants can file to have their residency conditions removed, especially if they were subjected to domestic violence during the marriage or if they will face extreme hardship after being deported.

Santa Barbara I-601 WAIVERS

California's I-601 waiver comes into play if an individual has been denied admission to the U.S.  Some common reasons might include:

The I-601 waiver can exempt these individuals in a case of extreme hardship.  "Extreme hardship" might include:

Santa Barbara ASYLUM

California law does make provisions for those seeking asylum from their home country.  The asylum seeker has a one-year deadline to apply to the Immigration Court.  Common reasons for seeking asylum include a reasonable fear of future persecution due to:

The one-year timeframe may be extended in such cases as serious illness, psychological problems or other changes in the home country or the applicant's status that would make return difficult or dangerous. 

Santa Barbara LGBT ASYLUM

California recognizes that life in many parts of the world can be extremely difficult for lesbian, gay, bisexual and transgender people.  The so-called "gay asylum" has been extended to individuals from Latin American, Middle Eastern, African and Asian countries, among others.  Like most other asylum cases, the law does call for the applicant to apply within a year's time after entering the United States.  Exemptions to the one-year rule may apply, especially if conditions back in the person's home country have changed drastically in that time. 

Santa Barbara DEPORTATION AND REMOVAL

In the cases of unlawful entry, visa expiration, criminal charges or a number of other circumstances, California immigration officials may deport or remove individuals back to their home countries.  There are a set of alternatives in place to appeal deportation, including asylum applications, hardship waivers, marriage petitions and family petitions.  In some cases, the appeals can be taken up with the Board of Immigration Appeals or the U.S. Court of Appeals. 

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