CA Immigration Specialist cheat sheet

INA section 101(a)(15) defines nonimmigrant classes; INA 101(a)(20) defines lawful permanent resident as a person admitted as an immigrant who has not lost that status.

Three visa chargeability categories govern eligibility: family-sponsored (INA 203(a)), employment-based (INA 203(b)), and diversity (INA 203(c)); per-country limits apply to each.

Immigration judges' authority arises from INA 240; the Board of Immigration Appeals hears appeals under 8 C.F.R. 1003.1, and federal courts review final orders under INA 242.

Grounds of inadmissibility (INA 212(a)) bar admission; grounds of deportability (INA 237(a)) apply to persons already admitted. A single fact can trigger either depending on procedural posture.

The Immigration and Nationality Act is codified at 8 U.S.C.; parallel citations (INA 212(a)(9)(B) = 8 U.S.C. 1182(a)(9)(B)) are standard in practice documents.

Aggravated felony is defined by reference to 8 U.S.C. 1101(a)(43) and is applied retroactively to convictions predating the 1996 statutes, per circuit precedent following Lopez v. Gonzales.

An attorney's duty of competence under California Rules of Professional Conduct 1.1 includes knowledge of immigration consequences of criminal pleas; Padilla v. Kentucky (2010) makes deficient advice on deportation a Sixth Amendment issue.

Retainer agreements must comply with Cal. Bus. & Prof. Code 6148 (written contract where fees exceed $1,000) and client funds go into a trust account under Rule 1.15.

H-1B cap is 65,000 plus 20,000 for U.S. master's degree holders; registration and lottery precede petition filing, and cap-subject petitions may be filed six months before the October 1 start date.

H-1B status carries dual intent; F-1 and B-2 do not, so a pending immigrant petition generally does not bar H-1B extension but can undermine tourist or student admission.

L-1A managers/executives get up to 7 years; L-1B specialized knowledge workers get up to 5 years; the one-year foreign employment requirement must be continuous and abroad.

F-1 students may work on-campus 20 hours/week while school is in session; post-completion OPT is 12 months, with a 24-month STEM extension available for qualifying STEM degrees.

B-1/B-2 visitors are typically admitted for six months; extension requests must be filed before I-94 expiration, and unauthorized employment is a status violation.

TN status under USMCA covers listed professions for Canadian and Mexican citizens; Canadians may apply at the border, Mexicans must obtain a visa at a consulate.

The 90-day rule (formerly 30/60) creates a presumption of willful misrepresentation when a status change is sought soon after admission on a nonimmigrant visa.

O-1 extraordinary ability and P-1 athlete/entertainer classifications require advisory opinions or documented criteria; E-2 treaty investor status requires a qualifying treaty nationality and substantial investment.

Immediate relatives (spouse, parent, unmarried child under 21 of a citizen) are exempt from numerical limits under INA 201(b); preference categories F1-F4 are capped.

Preference order: F1 unmarried adult children of citizens; F2A spouses/minor children of LPRs; F2B unmarried adult children of LPRs; F3 married children of citizens; F4 siblings of citizens.

Adjustment of status under INA 245(a) requires inspection and admission, a visa immediately available, admissibility, and no bars such as unauthorized employment.

INA 245(i) grandfathering allows adjustment on payment of a $1,000 penalty for beneficiaries of petitions or labor certifications filed by April 30, 2001.

The I-864 affidavit of support obligates the sponsor at 125% of the federal poverty guideline (100% for active-duty military sponsoring a spouse or child) until citizenship, 40 quarters of work, or termination.

Conditional residence for marriages under two years ends via I-751 joint petition filed in the 90-day window before the second anniversary; waiver grounds include battery, extreme hardship, and good-faith marriage ending in divorce.

The CSPA age-out formula subtracts the petition's pending time from the child's age at visa availability; the child must still be under 21 and unmarried.

Visa bulletin dates control: filing dates (Chart B) allow I-485 filing only if USCIS designates the chart for that month; final action dates (Chart A) control approval.

EB-1 covers extraordinary ability, outstanding researchers, and multinational managers/executives; EB-2 covers advanced degree holders and exceptional ability, including national interest waiver requests.

PERM labor certification under 20 C.F.R. 656 requires a prevailing wage determination, recruitment (two Sunday newspaper ads or professional journal plus job order and additional steps), and a 30-day quiet period before filing.

PERM applications must be filed within 180 days of the first recruitment step; the certified labor certification is valid for 180 days for filing the I-140.

EB-3 covers skilled workers (2+ years training), professionals with bachelor's degrees, and unskilled workers (capped at 10,000 per year).

I-140 portability under INA 204(j) allows a beneficiary with a pending I-485 for 180 days to change jobs if the new job is in the same or a similar occupational classification.

AC21 extends H-1B status beyond six years in one-year increments when an I-140 is approved but the priority date is backlogged, or when a labor certification/I-140 has been pending 365 days.

Schedule A pre-certification covers registered nurses and physical therapists, eliminating the individual PERM recruitment requirement.

Employer must demonstrate ability to pay the offered wage from the priority date onward; ability-to-pay is shown via tax returns, audited financials, or net income plus depreciation.

Asylum requires filing Form I-589 within one year of arrival absent changed or extraordinary circumstances; the applicant must show past persecution or a well-founded fear on a protected ground.

Protected grounds are race, religion, nationality, political opinion, and membership in a particular social group; the one-year deadline and firm resettlement are mandatory bars.

Withholding of removal under INA 241(b)(3) requires a clear probability of persecution and has no one-year deadline, but it does not lead to permanent status.

Convention Against Torture protection requires a likelihood of torture by or with the acquiescence of a public official and is not tied to a protected ground.

TPS designation is country-specific and requires continuous physical presence and continuous residence from designated dates; TPS alone is not a path to LPR status.

VAWA self-petition (I-360) is available to spouses and children of abusive citizens or LPRs, and to parents of abusive citizen children; the abuser's citizenship or LPR status is required.

U visa covers victims of qualifying crimes who suffer substantial physical or mental abuse and cooperate with law enforcement; cap is 10,000 principal visas per year.

Asylum applicants may file for employment authorization after 150 days from a complete filing, and EAD may be granted at 180 days absent delays attributable to the applicant.

Notice to Appear must state the nature of the proceedings, legal authority, alleged violations, and consequences of failure to appear; a deficient NTA can be cured by later notice per Pereira and Niz-Chavez.

Master calendar hearings address pleadings and scheduling; individual hearings address relief and evidence; the respondent may admit or deny allegations and designate a country for removal.

Cancellation of removal for LPRs under INA 240A(a) requires 7 years continuous residence after admission, 5 years as an LPR, and no aggravated felony.

Non-LPR cancellation under INA 240A(b) requires 10 years continuous physical presence, good moral character for 10 years, and exceptional and extremely unusual hardship to a qualifying relative.

Asylum-only proceedings under INA 235(b)(1) apply to credible-fear-passing applicants; immigration judge review of the credible fear determination is available.

A motion to reopen must generally be filed within 90 days of the final order; motions to reconsider within 30 days; both are subject to numerical limits absent exceptions.

Voluntary departure allows departure at the respondent's expense by a set date; failure to depart triggers a 10-year bar under INA 240B(d).

Appeal to the BIA must be filed on Form EOIR-26 within 30 days of the immigration judge's decision; the BIA may affirm without opinion under 8 C.F.R. 1003.1(e)(4).

General naturalization requires 5 years as an LPR with at least half that time physically present in the U.S.; spouses of citizens need 3 years of LPR status and 18 months physical presence.

Continuous residence is broken by absences over 6 months (rebuttable presumption) and over 1 year (statutory break) absent an N-470 preservation or qualifying exception.

Applicants must show good moral character for the statutory period; certain convictions, false testimony to obtain immigration benefits, and failure to file taxes are bars.

English language and civics testing apply to applicants aged 18-49; applicants 50+ with 20 years as LPR or 55+ with 15 years may test in their native language.

Selective Service registration is required for males aged 18-26 who resided in the U.S.; failure to register can bar good moral character.

The N-400 may be filed 90 days before the continuous residence requirement is met; USCIS cannot approve before the anniversary date.

Derivative citizenship under INA 320 applies to children under 18 residing in the U.S. in the legal and physical custody of a citizen parent after February 27, 2001.

Certificate of Citizenship (N-600) is evidence of derived or acquired citizenship; a U.S. passport is also evidence but the certificate is the definitive administrative document.

California Business and Professions Code 22440-22448 governs immigration consultants; a consultant may not give legal advice, select forms, or represent clients before USCIS or EOIR.

Only attorneys and DOJ-accredited representatives at recognized organizations may represent clients in immigration court; accreditation requires application to EOIR.

Cal. Bus. & Prof. Code 6155 prohibits advertising immigration services without stating that the provider is not an attorney or accredited representative if that is the case.

Notario publico advertising is restricted in California; use of the term by a non-attorney in immigration services is unlawful under Bus. & Prof. Code 22440.

California law requires written contracts in the client's language for immigration services and prohibits taking original documents from clients except as expressly permitted.

California Rule of Professional Conduct 1.15 requires client trust accounts and prompt accounting; commingling is prohibited.

Fee agreements must be communicated in writing; unconscionable fees and fees contingent on success in immigration matters are scrutinized under Rule 1.5.

California courts may enjoin unauthorized practice of law under Bus. & Prof. Code 6126; violations can carry civil penalties and criminal misdemeanor exposure.

INA 101(a)(15) lists nonimmigrant classes; INA 101(a)(20) defines lawful permanent resident.

INA 212(a) inadmissibility applies at admission; INA 237(a) deportability applies after admission.

Per-country caps under INA 202 limit family and employment preference visas.

Board of Immigration Appeals reviews under 8 C.F.R. 1003.1.

Padilla v. Kentucky requires accurate advice on deportation consequences of pleas.

Cal. Bus. & Prof. Code 6148 requires written fee agreements over $1,000.

Rule 1.15 governs trust account handling and client funds.

H-1B cap is 65,000 plus 20,000 master's-degree exemptions.

H-1B and L-1 are dual intent; F-1 and B-2 are not.

L-1A maximum is 7 years; L-1B maximum is 5 years.

F-1 post-completion OPT is 12 months; STEM extension is 24 months.

B-2 admission is typically 6 months with extension filed before I-94 expiry.

TN status covers USMCA-listed professions for Canadians and Mexicans.

O-1 requires extraordinary ability evidence and advisory opinion.

Immediate relatives are exempt from numerical caps under INA 201(b).

Preference order is F1, F2A, F2B, F3, F4.

INA 245(a) adjustment requires inspection, admission, and an available visa.

INA 245(i) grandfathering requires a petition or labor certification filed by April 30, 2001.

I-864 support is at 125% of the federal poverty guideline.

I-751 joint petition is filed in the 90 days before the second anniversary.

CSPA subtracts petition pending time from the child's age.

EB-1 covers extraordinary ability, outstanding researchers, and multinational managers.

PERM requires prevailing wage determination and documented recruitment.

PERM must be filed within 180 days of the first recruitment step.

Certified labor certification is valid 180 days for I-140 filing.

EB-3 unskilled worker category is capped at 10,000 per year.

INA 204(j) portability requires a pending I-485 for 180 days and a same or similar job.

AC21 extends H-1B beyond six years when an I-140 is approved but backlogged.

Asylum filing deadline is one year after arrival absent changed circumstances.

Protected grounds are race, religion, nationality, political opinion, and particular social group.

Withholding of removal requires a clear probability of persecution and has no filing deadline.

CAT protection requires torture with government acquiescence.

TPS requires continuous residence and physical presence from designated dates.

VAWA self-petition requires an abusive citizen or LPR spouse, parent, or child.

U visa cap is 10,000 principal visas per year.

NTA must state the nature of proceedings, authority, and alleged violations.

LPR cancellation requires 7 years continuous residence and 5 years as LPR.

Non-LPR cancellation requires 10 years presence and exceptional hardship to a qualifying relative.

Motion to reopen deadline is 90 days; motion to reconsider is 30 days.

Voluntary departure failure triggers a 10-year bar under INA 240B(d).

BIA appeal is filed on Form EOIR-26 within 30 days.

Credible fear review by an immigration judge is available in asylum-only proceedings.

Five years as LPR with 30 months physical presence for general naturalization.

Three years as LPR with 18 months physical presence for spouses of citizens.

Absences over 6 months raise a rebuttable presumption of broken residence; over 1 year is a statutory break.

English and civics tests apply; 50/20 and 55/15 exceptions allow native-language testing.

N-400 may be filed 90 days before the residence requirement is met.

INA 320 derivative citizenship applies to children under 18 in citizen parents' custody.

Selective Service registration is required for males aged 18-26.

Bus. & Prof. Code 22440-22448 restrict immigration consultant conduct.

Only attorneys and DOJ-accredited representatives may represent clients in immigration court.

Bus. & Prof. Code 6155 requires disclosure in immigration services advertising.

Use of notario publico by non-attorneys in immigration services is unlawful.

Written contracts must be provided in the client's language.

Rule 1.15 requires client trust accounts and prohibits commingling.

Bus. & Prof. Code 6126 authorizes injunctions against unauthorized practice.