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Interpreting in Immigration Court and as an Analytical Linguist

Interactive Book and Workbook

(this book is only available to students registered in the

Interpreting in Immigration Court and as an Analytical Linguist course)

Lecture 4

By Néstor Wagner

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Interpreting in Immigration Court and as an Analytical Linguist

Interactive Book and Workbook

By Néstor Wagner

© 2014 by Néstor Wagner Southern California School of Interpretation

SCSI Media

Santa Fe Springs, CA 90670

800.625.6222

All rights reserved. No part of this book may be reproduced in any form or by any

means without the written permission of the author.

Printed in the United States of America

10 9 8 7 6 5 4 3 2 1

ISBN Pending

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C O N T E N T S Lecture 4

Definition of Icons used in this Interactive Book and Workbook 123

Lecture 4

Immigration Terminology (Letters G, H, I, J, K and L) 125

Immigration Proceedings

Generic Oral Decisions – Cancellation of Removal for a Lawful

Resident – Video on Generic Oral Decision with Rendition 131

Homework Assignment 134

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Definition of Icons Used in this Interactive

Book

Material discussed and explained in class.

Practice included in the onsite practices and/or interpreting laboratory. (Practice can be heard if you click on this icon only while reading this manual in your website)

Video of a similar proceeding shown in class. (Video can also be shown if you click on this icon only while reading this manual in your website)

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Interpreting in Immigration Court

and as an Analytical Linguist

Lecture 4

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Immigration Terminology Translation and Explanation of Terms

Green card: A wallet-sized card showing that the person is a lawful permanent resident

(immigrant) in the U.S. It is also known as a permanent resident card (PRC), an alien

registration receipt card and I-551. It was formerly green in color

Spanish Translation: _______________________________.

Homeless: Persons from countries that do not have an American Embassy or

Consulate where they can apply for immigrant visas are “homeless”. For example, the

U.S. Government does not have an embassy in Iran. Residents of Iran are “homeless”

for visa purposes.

Spanish Translation: _______________________________.

Household income: The income used to determine whether a sponsor meets the

minimum income requirements under Section 213A of the Immigration and Nationality

Act (INA) for some immigrant visa cases.

Spanish Translation: _______________________________.

I-94(W): The I-94 Arrival/Departure Record fort nonimmigrant travelers or I-94W

(Green) for Visa Waiver Program travelers. When you are admitted the CBP officer at

the U.S. port of entry will stamp your passport and issue a completed Form I-94 or I-

94W to you, which denotes how long you are legally authorized to stay within the U.S.

Spanish Translation: _______________________________.

I-551 (Green Card): Permanent residence card or alien registration receipt card or

"green card." See Lawful Permanent Resident.

Spanish Translation: _______________________________.

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Immediate Relative: Spouse, widow(er) and unmarried children under the age of 21 of

an American citizen. A parent is an immediate relative if the American citizen is 21

years of age or older. There are no numerical limits to immigration of immediate

relatives.

Spanish Translation: _______________________________.

Immigrant visa: A visa for a person who plans to live indefinitely and permanently in

the U.S.

Spanish Translation: _______________________________.

Immigration and Nationality Act (INA): American immigration law. The Immigration

and Nationality Act, or INA, was created in 1952, Public Law No. 82-414. The INA has

been amended many times over the years, but is still the basic body of immigration law.

See INA for additional information.

Spanish Translation: _______________________________.

Immigration and Naturalization Service (INS): A branch of the Department of Justice

that formerly existed and had responsibility for immigration and naturalization. INS was

renamed and became part of DHS on March 1, 2003.

Spanish Translation: _______________________________.

INA: See Immigration and Nationality Act.

Spanish Translation: _______________________________.

Ineligible/Ineligibility: Immigration law says that certain conditions and actions prevent

a person from entering the U.S. These conditions and activities are called ineligibilities,

and the applicant is ineligible for (cannot get) a visa. Examples are: selling drugs, active

tuberculosis, being a terrorist, and using fraud to get a visa.

Spanish Translation: _______________________________.

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In status: It is important to understand the concept of immigration status and the

consequences of violating that status. Being aware of the requirements and possible

consequences will make it more likely that you can avoid problems with maintaining

your status. Every visa is issued for a particular purpose and for a specific class of

visitor. Each visa classification has a set of requirements that the visa holder must

follow and maintain. Those who follow the requirements maintain their status and

ensure their ability to remain in the U.S. Those who do not follow the requirements

violate their status and are considered “out of status”. For more information see “Out of

Status” below. In Status means you are in compliance with the requirements of your

visa type under immigration law. For example, you are a foreign student who entered

the U.S. on a student visa. If you are a full time student and pursuing your course of

study, and are not engaged in unauthorized employment, you are "in status". If you

work full time in your uncle's convenience store and do not study, you are "out of

status".

Spanish Translation: _______________________________.

IV: Immigrant Visa

Spanish Translation: _______________________________.

Joint Sponsor: A person who accepts legal responsibility for supporting an immigrant

with an I-864 Affidavit of Support along with the sponsor. The joint sponsor must be at

least 18 years of age, an American citizen or lawful permanent resident and have a

domicile in the U.S. The joint sponsor and his/her household must have the 125 percent

income requirement by itself for the immigrant that he/she sponsors.

Spanish Translation: _______________________________.

Jurisdiction: Authority to apply the law in a given territory or region. For example, the

INS district office in the area where a person lives has jurisdiction or authority to decide

on a fiance(e) petition.

Spanish Translation: _______________________________.

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Kentucky Consular Center (KCC): A U.S. Department of State facility located in

Williamsburg, Kentucky. It gives domestic (U.S.) support to the worldwide operations of

the Bureau of Consular Affairs Visa Office. It manages the Diversity Visa (DV) Program.

Spanish Translation: _______________________________.

Labor Certification: The initial stage of the process by which certain foreign workers

get permission to work in the U.S. The employer is responsible for getting the labor

certification from the Department of Labor. In general the process works to make sure

that the work of foreign workers in the U.S. will not adversely affect job opportunities,

wages and working conditions of U.S. workers.

Spanish Translation: _______________________________.

Labor Condition Application (LCA): A request to the Department of Labor for a

foreign worker to work in the U.S.

Spanish Translation: _______________________________.

Lawful Permanent Resident (LPR): A person who has immigrated legally but is not an

American citizen. This person has been admitted to the U.S. as an immigrant and has a

Permanent Resident Card, Form I-551 (formerly called Alien Registration Card, also

known as green card). It is a wallet-sized card showing that the person is a lawful

permanent resident (immigrant) in the U.S. Learn more about Lawful Permanent

Residents, including how to replace or renew a Permanent Resident Card, on the

USCIS Website. Learn about requirements for entry into the U.S. on the CBP website.

This person may also be called a legal permanent resident, a green card holder, a

permanent resident alien, a legal permanent resident alien (LPRA) and resident alien

permit holder.

Spanish Translation: _______________________________.

Lawful Permanent Resident Alien (LPRA): Lawful permanent resident.

Spanish Translation: _______________________________.

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Laws (Immigration and visa related laws): The Code of Federal Regulations useful

information on the laws regulating U.S. visa policy.

Spanish Translation: _______________________________.

Lay Worker: A person who works in a religious organization but is not a member of the

formal clergy.

Spanish Translation: _______________________________.

LEA: See local educational agency.

Spanish Translation: _______________________________.

Legitimation: The legal process which a natural father can use to legally acknowledge

his children who were born out of wedlock (outside of marriage). A legitimated child can

be a "child" under immigration law under these conditions:

the legitimation took place according to the law of the child's residence or the

father's residence;

the father proved (established) that he is the child's natural father;

the child was under the age of 18; and

the child was in the legal custody of the father who legitimated the child when the

legal process of legitimation took place.

Spanish Translation: _______________________________.

LIFE Act: Legal Immigration Family Equity (LIFE) Act and amendments. This act of

Congress allows foreign spouses of American citizens, the children of those foreign

spouses, and spouses and children of certain lawful permanent residents (LPR) to

come to the U.S. to complete the processing for their permanent residence. This Act

became effective on December 21, 2000.

Spanish Translation: _______________________________.

Local Educational Agency: School or school district. Also called LEA. This term is

used for deciding tuition charges for secondary school students in F-1 visa status.

Spanish Translation: _______________________________.

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Lose status: To stay in the U.S. longer than the period of time which DHS gave to a

person when he/she entered the U.S., or to fail to meet the requirements or violate the

terms of the visa classification. The person becomes “out of status”. For example, you

entered the U.S. on a student visa to study at a university. You work at your uncle's

convenience store without authorization, and do not study. You have lost status. You

are out of status.

Spanish Translation: _______________________________.

Lottery: See diversity visa program.

Spanish Translation: _______________________________.

LPR or LPRA: See lawful permanent resident (LPR).

Spanish Translation: _______________________________.

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Immigration Proceedings Generic Oral Decisions and Orders of the Immigration Judge

Cancellation of Removal for a Lawful Permanent Resident

The respondent is a 27 year old, single/married, male/female, native and citizen of Panama. The United States Department of Homeland Security brought these removal proceedings against the respondent under the authority of the Immigration and Nationality Act. Proceedings were commenced with the filing of a Notice To Appear with the Immigration Court. See Exhibit 1.

REMOVABILITY

The respondent admits the allegations contained in the NTA and concedes he is removable as charged. The Court therefore finds that removability has been established by clear and convincing evidence.

The respondent designated Guatemala as the country of removal should that become necessary. The respondent applied for relief from removal in the form of cancellation of removal for a lawful permanent resident. The respondent's application for cancellation of removal is contained in the record at Exhibit 1. Prior to admission of the application the respondent was given the opportunity to make any necessary corrections to the application, and then swore or affirmed before this court that the application as corrected was all true and correct to the best of his knowledge.

STATEMENT OF THE LAW

To be eligible for cancellation of removal under Section 240A(a) of the Immigration and Nationality Act, an alien must demonstrate that he has been lawfully admitted for permanent residence for not less than five years, has resided in the United States continuously for seven years after having been admitted in any status, and has not been convicted of an aggravated felony.

In addition to satisfying these three statutory eligibility requirements, an applicant for relief under Section 240A (a) of the Act must establish that he warrants such relief as a matter of discretion. The general standards developed in Matter of Marin, 16 I&N Dec. 581 (BIA 1978) for the exercise of discretion under Section 212(c) of the Act are applicable to the exercise of the discretion under Section 240A(a). See Matter of C-V-T-22 I&N Dec. 7 (BIA 1998). An Immigration Judge, upon review of the record as a whole, must balance the adverse factors evidencing the alien’s undesirability as a permanent resident with the social and humane considerations presented in his or her behalf to

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determine whether the granting of relief appears in the best interest of this country. The applicant for cancellation, however, need not first meet a threshold test of showing unusual or outstanding equities. See Matter of Sotelo, 23 I&N Dec. 201 (BIA 2001).

As was explained in Matter of C-V-T-, supra, factors pertinent to the exercise of discretion under section 212(c) are equally relevant to the exercise of discretion under section 240A(a) of the Act. For example, favorable considerations include such factors as family ties within the United States, residence of long duration in this country (particularly when the inception of residence occurred at a young age), evidence of hardship to the respondent and his family if deportation occurs, service in this country’s armed forces, a history of employment, the existence of property or business ties, evidence of value and service to the community, proof of genuine rehabilitation if a criminal record exists, and other evidence attesting to a respondent’s good character. Among the factors deemed adverse to an alien are the nature and underlying circumstances of the grounds of exclusion or deportation (now removal) that are at issue, the presence of additional significant violations of this country’s immigration laws, the existence of a criminal record and, if so, its nature, recency, and seriousness, and the presence of other evidence indicative of a respondent’s bad character or undesirability as a permanent resident of this country. Id. In some cases, the minimum equities required to establish eligibility for relief under section 240A (a) (for instance, residence of at least 7 years and status as a lawful permanent resident for not less than 5 years) may be sufficient in and of themselves to warrant favorable discretionary action. However, as the negative factors grow more serious, it becomes incumbent upon the alien to introduce additional offsetting favorable evidence.

With respect to the issue of rehabilitation, a respondent who has a criminal record will ordinarily be required to present evidence of rehabilitation before relief is granted as a matter of discretion. However, applications involving convicted aliens must be evaluated on a case-by-case basis, with rehabilitation a factor to be considered in the exercise of discretion. A showing of rehabilitation is not an absolute prerequisite in every case involving an alien with a criminal record. Matter of C-V-T-, supra.

SUSTAINING BURDEN AND CREDIBILITY

The provisions of the “REAL ID Act of 2005" apply to the respondent’s application as it was filed on or after May 11, 2005. Section 240(c)(4)(B) and (C) of the Act state as follows:

(B) SUSTAINING BURDEN- The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant's application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant's burden of proof. In

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determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence.

(C) CREDIBILITY DETERMINATION- Considering the totality of the circumstances, and all relevant factors, the immigration judge may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.

ORDERS

ORDER: The respondent’s application for cancellation of removal under section 240A(a) of the Act is granted / denied.

(If denied): FURTHER ORDER: It is ordered that the respondent be removed from the United States to Guatemala on the charge(s) contained in the Notice to Appear.

APPEAL RIGHTS: Both parties have the right to appeal the decision in this case. Any

appeal is due in the hands of the Board of Immigration Appeals on or before 30

calendar days from the date of service of this decision.

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Homework Assignment

You must be connected to the internet to complete the following assignment

Go to Lecture 4, in the Interactive Book and practice all the scripts available.

Look for the icon. It indicates that the script is actually spoken on a digital

file and that you can practice with it.

Go to Lecture 4, in the Interactive Book and watch all the videos available. Make

sure you interpret them as you watch them. Look for the icon. It indicates

that a video is available for tat subject matter.

You do not need to be connected to the internet to complete the following

assignment

Study all the immigration terminology, abbreviations and forms covered in this

lecture.

Make sure you know how to interpret each of the immigration proceedings and

the immigration advisements.