A Summary of Immigration

Immigration law is the law that handles the procedures needed for entering the Unites States in addition to deciding who is or is no able to enter and also governing the rules for receiving citizenship. Immigration law also helps to deport foreign nations who are found in violation of any laws, especially US immigration laws. If you have any questions or concerns about immigration, schedule a free consultation with our firm in order to talk to a knowledgeable immigration lawyer. Immigration attorneys at our firm help foreigners who wish to reside in the United States either for travel, study, working or conducting business. They can also assist employers with correctly filing the application and certification processes to hire foreign workers in both short-term and long-term positions.

Immigration law attorneys are skilled in dealing with legal matters of both foreigners and United States citizens, whether they’re living inside or outside of the US. The following are some examples of issues that an immigration law attorney might handle for someone.

Obtaining Visas for Brief or Permanent Visits

The visa selection and application process can be complex, but immigration attorneys are able to help with the filing of this process, along with helping them understand and find the correct documents necessary for securing a visa. They can also inform foreign nationals about possible restrictions allowing them to enter the United States. In addition to helping the foreign nationals, immigration lawyers will also help employers apply for the correct type of visa that will allow them to hire the foreign nationals on either a temporary or permanent basis. The attorneys will be able to determine of there are any necessary special certifications for the employer from the Department of Labor.

There are many types of visas granted. Some of the most common are as follows:

• Employment-based visas
• Student visas
• Travel visas
• Business visas
• Family-based visas
• Temporary work visas
• Adopted child visas
• Exchange visitor visas
• Spouse and fiancée visas
• Intracompany transferee visas

Modifying Your Immigration Category

It is critical that when a foreign national is applying for a visa that he chooses the correct type. Doing so will ensure that he or she can complete their goals after entering the US. Each category has both certain requirements and certain restrictions that may affect what the visa holder can do during the visit. For example, unless there has been special permission granted, a student visa holder is not allowed to have a job. In cases such as this, the holder would be required to change his or her immigrant status, like being a student visa holder who has also received a permanent employment opportunity in the US.

Receiving an Extension on Your Visa

If a foreign national comes to the US with a nonimmigrant (temporary) visa, he or she can only remain there for a specific amount of time. This length of time varies on what type of visa the foreign national received. An example would be the visas for seasonal agricultural workers. They are only permitted to stay in the US for less than one year before they must return to their original countries. However, there are some cases where the time given on a temporary visa isn’t long enough for a foreign national to finish his or her purpose in the US. In these instances, it is possible for the foreign national to apply for an extension. Extensions should be applied for well before the time limit is reached, since there are very strict requirements and deadlines for this application.

Naturalization and Citizenship

Naturalization is the process in which foreign nationals that have been living as legal permanent residents of the US for five years could be eligible to attain US citizenship. There are many important steps to be taken before an immigrant can be offered citizenship. The foreigner must prove their ability to speak, read, and write in English, and must also pass both a US history and civics exam. It is extremely important that the immigrant show that he or she is of “good moral character.” Some criminal convictions may prevent a foreign national from receiving citizenship. An immigrant must be careful to prepare for the naturalization process and make sure that they fill it out honestly. If material misrepresentations are found, the immigrant may be deported.

Deportation

Deportation can occur by the US government when a foreign national either violates the terms of his or her visa, or if he or she commits certain types of crimes. Deportation happens with illegal immigrants but it can also include legal residents or aliens holding temporary visas. Some examples of offenses resulting in deportation include:

• Fraudulent marriage to gain entry into the country
• Overstaying visas
• Certain crime convictions, for example drug crimes
• Using fake or falsified documents or supplying material misrepresentations in order to gain access to the country
• Engaging in activities that may endanger public safety or create national security risks
• Encouraging and helping other immigrants to enter the country illegally
• Violating any other law, immigration or otherwise

If an alien is faced with deportation, he or she is allowed legal representation. An experienced immigration lawyer can help. If an immigrant is deported from the US, he or she may be unable to return to the country for up to five years. There are some instances where the alien is forbidden from entering the US ever again.

A skilled immigration attorney can also help with questions about:

• District lottery
• Dual citizenship
• Asylum and refugee status
• PERM process
• Visa waiver program

Contact Us

Contact our firm today to find out how an experienced immigration attorney can help with your immigration process or any other questions you may have concerning immigration.