Immigration Law

Immigration law is comprised of a series of complex laws, regulations, and court rulings that seem to change constantly. For those who wish to immigrate to the United States, they will have to deal with immigration law changes until they receive their citizenship, which can take years.

There are generally three main types of immigration in the U.S.:

• Family-based immigration
• Employment-based immigration
• Humanitarian immigration

Family-Based Immigration

Family-based immigration allows U.S. citizens and lawful permanent residents to petition the government to allow specific family members to migrate to the United States. There is no limit to the number of spouses, minor children or parents that citizens can petition for. However, there are only 480,000 family-based visas available each year for other family members, which includes adult children, siblings, and extended family.

If you wish to secure a visa for a family member, and you are a U.S. citizen or lawful permanent resident (you have a green card), you must:

• Petition for the relative
• Prove the nature of your relationship, meaning you must prove that you are married or related to the person
• Agree to support the relative when they arrive

Once they arrive in the U.S., they can begin the process of seeking a green card. The process involves a background check, fingerprinting, and having the sponsor complete an application.

If your relative receives lawful permanent resident status, they can later petition to become a citizen. This usually requires the applicant to have lived in the country for at least three years, pass a background check and pass a civics test.

Employment-Based Immigration

U.S. immigration law allows for both permanent and temporary placements for immigrant workers. There are different visas available depending on the type of work that the individual performs and other factors. For example, there are different visas for farm workers, athletes, engineers, and many other types of workers. Immigrants who receive a work visa are often sponsored by a specific employer. Losing that job could mean losing a visa.

Under current immigration law, there are 140,000 visas per year for permanent employment-based immigration. Additionally, U.S. immigration law restricts the number of immigrants based on nationality.

Foreign students wishing to go to college in the U.S. must also apply for and receive a visa to do so. After graduation, it may be possible to convert a student visa into an employment-based visa.

Humanitarian Immigration

U.S. law provides protections for individuals who are immigrating for humanitarian reasons. For example, refugees are permitted at times if their homeland is too unstable to return or there is a fear of persecution upon return. This type of immigration petition is usually filed in another country.

Asylum is similar to refugee status, but asylum is sought from individuals who are already in the United States. Immigration law requires such individuals to petition for asylum within 12 months of arriving in the United States; otherwise, their petition can be automatically dismissed. A lawyer may assist with drafting a petition for asylum or refugee status.

The Violence Against Women Act and the U Visa are two tools available to victims of domestic violence and other crimes. In order to receive such protection, an individual must usually have been a victim of a crime and cooperated with law enforcement.

Why You Need an Immigration Attorney’s Help

No matter what your need is, immigration law is complex. With the law changing frequently, it can be difficult to stay on top of developments.

There is also a lot of paperwork involved, whether you are seeking a new visa, wish to renew a visa, or are wanting to receive asylum. Any errors in forms can cause long, expensive delays or even deportation.

An immigration attorney can handle this difficult work for you and explain the law to you. They can also represent you in court and help you prepare for interviews with immigration officials.

Any conversations you have with your lawyer will remain confidential. Your lawyer cannot share what you tell them with the government.  

Speak to an Experienced Immigration Attorney Today

When it comes to immigration and whether you can live and work where you want, every detail matters. When the slightest paperwork error or missed deadline can mean years of delays, it is essential to do things right the first time. An experienced immigration lawyer can address your particular needs with immigration, and put you in the best position for a positive outcome. Take the first step now and contact a local immigration attorney to discuss your rights and specific situation.