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American culture was shaped by immigrants.  For centuries now, people from other lands have sought out the United States to be free from oppression, to visit, vacation, do business, find new opportunities or for any number of other reasons. Recent years, though, have seen a flood of immigrants (from all over the world) that has required some re-thinking and overhauls of immigration policy and law.  As a border state, California faces a unique set of problems and challenges when it comes to immigration.  This is by no means thorough, but it should serve as a brief outline of some of those immigration policies and laws in the state.  

MARRIAGE AND FIANCEE VISAS

U.S. immigration policy puts a premium on the idea of family unity, and the same can be said for California law.  Immigration barriers can be overcome when it comes to marrying a United States citizen, or for an American to wed a foreign national in the United States.  Visas can also be obtained for an overseas fiancée, bringing the fiancée here for marriage.

FAMILY VISAS

There are numerous provisions in California law for bringing children, parents, or brothers and sisters living abroad into the U.S.  Often this can result in a direct path from visa or non-immigrant visa status to permanent residence and full citizenship.

The first step is to file a petition with the Department of State, which then determines if an immigrant visa number is available.  The Department of State prioritizes such petitions as follows:

First preference -- Unmarried adult children of U.S. citizens 21 or over

Second preference -- Spouses and unmarried children of people with lawful permanent residence status

Third preference -- Married children of U.S. citizens

Fourth preference -- Brothers and sisters of adult U.S. citizens

Exceptions can be made in the cases of immediate family of U.S. citizens (meaning parents, spouses and children under 21).  In these cases, the visa can be expedited with no visa number necessary once the visa petition is approved. 

DIVORCE AND IMMIGRATION

Divorces can have an effect on immigration status, particularly in cases where couples have been married for under two years.  If the marriage is less than two years old, the green card may have a 2-year condition placed on it.  The residence status can be terminated if the couple doesn't submit application to have the condition removed.  Especially in cases where domestic violence was involved during the marriage (or if extreme hardship can be proven if the person is deported), the divorced immigrant can file to have their residency conditions removed. 

I-601 WAIVERS

The California I-601 waiver refers to cases where individuals have been denied admission into the U.S.   Some common reasons might include:

Criminal record

Immigration fraud

Living in the United States as an undocumented, illegal alien, then leaving again

Deportation

Communicable disease 

The I-601 waiver is often used in cases where extreme hardship can be proved.  "Extreme hardship" might include:

A very ill spouse in the United States

Being separated from children in the United States

Inability to care for a disabled family member in the United States

Need for medical care that is not available in current country

Religious or political persecution in home country.

Not surprisingly, I-601 waivers are hard to come by; obtaining one requires a great deal of proof and documentation.

ASYLUM

California law does allow provisions for those who seek asylum from their home country. Asylum seekers have a one-year deadline for applying to the Immigration Court.  Asylum usually refers to a reasonable fear of persecution on return to their home country, for reasons such as:

Race

Religion

Nationality

Political opinion

Membership in a particular social group

In cases such as serious illness, psychological problems or changes in conditions in the home country that would make return risky, the one-year timeframe can be adjusted or extended.

LGBT ASYLUM

Lesbian, gay, bisexual and transgender people can face an extremely difficult life in many parts of the world.  California recognizes this and extends a so-called "gay asylum" to individuals from Latin American, Asian, Middle Eastern and African countries, among others.  As in most other asylum cases, "gay asylum" is good for a year's time before the person returns to their home country.  There may be exemptions to the one-year rule, particularly if things change drastically in the person's home country in that space of time.

DEPORTATION AND REMOVAL

Criminal charges, expired visas, unlawful entry or any number of other circumstances can result in a person being removed or deported back to their home country.  There is an appeal process in place in deportation cases, especially in cases of asylum, hardship waivers, marriage petitions or family petitions.  In some cases, the Board of Immigration Appeals or the U.S. Court of Appeals can order a recourse in deportation cases. 

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