Immigration law covers a wide range of areas. There may be a host of different requirements and needs from one person to the next when it comes to their immigration needs for themselves or their family. The laws vary based on a range of factors including whether a person is coming into the country to live permanently, or they are only going to be in the country temporarily.
Immigration laws are very complex, and it can be almost impossible to try to navigate the waters of this legal area on your own. It is essential that those who are in need of help with their immigration take the time to ensure they are working with an experienced, quality immigration attorney.
The Basics of Immigration Law
There are two types of visas – temporary and permanent. A temporary visa is also known as a nonimmigrant visa, and it means that the person who gets the visa intents to go back to their home country after spending a certain amount of time in the United States.
There are, of course, many different types of temporary visas available. Some of the reasons that people might want to get a temporary visa is for a work permit, so they can start a business, for marriage, tourism, and for going to school.
The permanent visa is also known as an immigrant visa or a green card. Those who go this route are on the first step of the path to citizenship if they want it. However, it can often take quite a long time to get a green card, but it is made easier when you have an immigration attorney who can help you with the steps that you will have to undertake.
There are typically five different types of permanent visa categories including employment based, family based, visa lottery, large investment, and asylum. There are additional categories within these categories. Those who want to stay in the United States would want to get one of the permanent visas.
Again, to determine the best type of visa to get, and to ensure that you have everything in order, you are going to want to work with an experienced immigration attorney.
There are many ways that a person can become a citizen of the United States, and as you may imagine, it is just as complex at other areas of immigration law. Each of the methods for citizenship and naturalization will have different requirements. A person can be a citizen if they were born in the United States, even if their parents are not from the U.S. This is known as the Right of Birthplace. It is also possible for a person to be a citizen when at least one of their parents is a U.S. citizen regardless of where they were born in the world.
Those who do not fall into those categories can still become a citizen through naturalization, as long as they meet certain legal standards. They need to enter the country lawfully and gain legal permanent resident status. At that point, they will need to reside in the country for five continuous years, or three years, if they are the spouse of an American citizen. They have to be physically present in the country for at least half of that time.
Naturalization applicants also need to be at least 18 years old, and they need to have the ability to understand, speak, read, and write basic English. They must also have good moral character, show their attachment to the constitutional principles of the U.S., and swear an oath of allegiance to the United States.
In some cases, a person may quality for refugee or asylum status if they are fleeing from persecution in their own country. Someone who is going to file for asylum status would need to enter the country and file within a read of when they arrived, or later if the situation in their home country that is preventing them from returning safely began after they arrived in the U.S. Someone who wants to apply for refugee status can do so from outside of the United States. Other than that, you will find that they are quite similar.
One of the important things to note about these statuses is that there needs to be proof that there is reasonable fear of persecution from the applicant’s home country. This could be due to their race, religion, membership in a social group, their political believes, and similar factors.
Another area where an immigration attorney can help is when someone is facing deportation or removal from the country. This happens when the government believes that someone who is not a citizen needs to be removed from the country. The government may believe that the person has violated criminal laws in the country, for example.
This can be frightening for those who are fearing deportation, and they may not know where they should turn. Understanding how deportation works, and what could allow you to stay in the country, is important for your peace of mind. You will certainly want to have the help of an immigration lawyer if you or someone you know is facing deportation for whatever reason.
The attorney can explain what’s happening, the process that you will have to go through, and what is going to occur next.
Work With the Best Immigration Attorney
The attorneys at Eugene Mogilevsky, LLC. know and understand the immigration laws, and we want to help you with your immigration needs. Whether they are simple or complex, we can give you the help you seek. Just get in touch with us. You can send us an email, schedule a consultation, give us a call, or come to the office to visit.
As you can see, immigration law is extremely complex, and it is not getting any easier to understand thanks to all of the changes that are happening within the law. If you have any type of immigration needs, you are going to need to make sure that you work with the best immigration attorneys.