If an individual desires to come to the United States and remain permanently, they should be aware that there are many responsibilities and obligations which come with that opportunity. There are procedural requirements and laws which an individual will be required to follow if they want to enter and remain in the United States for any period of time.
Immigration laws are laws which regulate how individuals from other countries may qualify for visas and under what circumstances individuals may be deported. There are numerous different varieties of temporary and permanent visas which are available.
Depending upon the reason for an individual’s entry into the United States, there will be a visa category available which suits their needs. An individual who is already in the United States is required to abide by immigration laws.
Many immigrants who are already legally residing in the United States have green cards, or permanent visas. An individual with a green card can seek to be a United States citizen.
They are required to refrain from any type of activity which may bring deportation upon them. It is important for individuals to take whatever avenues may be possible to reside legally within the United States.
The body of laws which govern immigration is one of the most complicated areas of law. It may be a very complex system for many individuals to fully understand.
An individual should contact an immigration lawyer if they need assistance resolving an immigration law issue.
Who Is Considered an Alien?
Aliens are individuals who are born in a foreign country who has not become a United States citizen, or has not been naturalized, and are still subjects of the foreign country. Aliens are also sometimes referred to as immigrants.
What Is Legal Immigration?
Legal immigration occurs when a non-citizen alien is in the United States legally under permanent resident status, or are green card holders. Permanent resident status can be granted to certain classes of aliens.
Obtaining permanent resident status is considered an important step towards permanent United States citizenship. The majority of green card holders first obtain a more temporary visa and then have their residency status changed after they have been in the country for some time.
Applicants for citizenship and naturalization are applying to be citizens of the United States. It is a very personal decision to become a citizen of the United States.
It is important to have an understanding of the naturalization process as well as accurate information regarding citizenship. For more information regarding United States citizenship and to learn more about eligibility requirements and the application process, please see the following LegalMatch articles:
What Immigration Laws May Apply to Legal Immigration Issues?
There are many different immigration laws that can apply to legal immigration issues and applications. One of the main immigration laws that applies to most immigration issues is the Immigration and Nationality Act (INA).
The INA applies to naturalization, inadmissibility, removal, deportation, permanent residency, and visa categories. This includes all visa categories, such as family, employment, humanitarian, and more.
There are also other immigration laws and executive orders that may apply to an individual’s application or situation, depending on their needs. Because a variety of laws may apply, those laws may change at any time, and there are strict requirements and deadlines involved in immigration issues, it is essential to have help from an immigration attorney.
To understand the potential variations in immigration laws, it may be helpful to review some of the executive orders that can change when presidential administrations change, which are discussed below.
- Executive Order Protecting the American People Against Invasion
- Not in force due to an injunction
- Expanded using expedited removal for immigration cases
- Provided policies regarding:
- unlawful presence in the United States
- enforcing deportation and removal
- enforcing illegal entry
- Executive Order Realigning the United States Refugee Admissions Program (USRAP)
- Placed limits on how individuals are allowed to apply for entry into the United States
- Individuals are allowed to apply on a case-by-case basis
- Suspended awaiting further evaluation
- Executive Order Guaranteeing the States Protections Against Invasion
- Individuals cannot enter the U.S. at the southern borders
- The Secretary of State and the Department of Homeland Security (DHS) can admit applicants on a case-by-case basis
- Executive Order Protecting the Meaning and Value of American Citizenship
- Birthright citizenship is terminated
- Children born in the U.S. are not granted automatic citizenship
- Although this term may be considered controversial, this may also be referred to as anchor baby status because it may allow other members of a family to become citizens
- One parent must be a permanent resident of the U.S. or a U.S. citizen for a child to be granted birthright citizenship
- If the parents are in the U.S. on a temporary visa, the child will not be granted birthright citizenship
- Not in force because of an injunction
Immigration laws that are in force, including those executive orders in force noted above, can have a direct effect on legal immigration applications and issues. Immigration laws are always subject to reviewing and updating, especially with changes in presidential administrations, so it is very important to have an immigration lawyer help with any immigration application or issue an individual has to ensure compliance with all deadlines and requirements.
How Can a Person Become a Legal Immigrant?
Permanent resident status may be granted in one of several ways. An individual may obtain lawful permanent resident status (LPR status), including:
There are several requirements which must be met when an individual applies for these types of visas and immigration avenues. The individual is also required to satisfy other requirements over time, including good conduct and ongoing employment with their sponsoring company for employment visas.
What Types of Evidence May Be Required In Court for a Legal Immigration Issue?
There are different types of evidence and documents that an individual may need to handle an immigration application or court issue. What is needed will vary depending on the type of document or visa that someone is applying for.
When someone has the right documents, it will help them establish their credibility as well as validate the claims they make in their application. Examples of the categories of documents and evidence that may be required for immigration applications or cases can include, but may not be limited to:
- Personal Identification:
- birth certificates
- marriage certificates
- government-issued IDs
- proof of family ties:
- birth certificates of children born in the country
- marriage certificates
- Proof of Physical Presence:
- lease agreements
- employment records
- utility bills that show residence in the U.S. for a specified period
- Proof of Good Moral Character:
- letters of recommendation
- criminal background checks
- certifications of community service
- Evidence of Hardship:
There may also be other types of documents that an individual must present, depending on the type of application they are completing or the circumstances of their case. Because of the possibilities of needing different documents and for help being prepared and gathering the correct documents, it is important to have help from an immigration lawyer.
What Are Permanent Visas or Green Cards?
The terminology used in immigration laws including visa and green card can be confusing. These terms are commonly used interchangeably although they refer to two different things.
It is also common for these terms to be used in ways which differ from their original meanings. Visas provide individuals with the right to legally enter the United States.
A visa is a physical stamp which an individual receives on their passport or an equivalent document. Visas usually involve entry into the United States.
Visa can also refer to a category in which individuals come to the United States for temporary stays, including student visas or temporary worker visas. The term green card, on the other hand, is a slang term which refers to the process of obtaining United States citizenship rather than just entering into the U.S.
The phrase green card application may refer to a process regarding immigration, which includes naturalization or an adjustment of status. The emphasis of green cards is on citizenship and residency status rather than admissibility into the U.S.
A green card is a physical photo identification card which individuals receive when they are granted lawful permanent resident status. It is important for an individual to be aware that a green card is known as a permanent visa although the term visa typically refers to a temporary visa category.
Individuals who are immigrating to the U.S. may be eligible for multiple categories of visas. The type of visa which an individual applies for depends on whether they intend to remain permanently or only for a short period of time.
For more information on visas and green cards, and individual can read the following LegalMatch articles:
For What Reasons Can the USCIS Deny Me Entry?
If the United States Citizenship and Immigration Services (USCIS) determines that an individual is inadmissible for immigration, they may deny them entry into the United States. An individual may be deemed inadmissible if they:
- Have certain mental or physical disorders
- Have been convicted of certain crimes
- Have engaged in subversive activity
The USCIS may deny immigration entry based on the inadmissibility of individuals applying for green cards or for any type of temporary visa. The USCIS may also deny entry based upon the inadmissibility of permanent residents who leave the United States for more than 180 days.
What Are the Penalties for Illegal Immigration?
Illegal immigration is a serious offense which may result in various consequences, including:
- Deportation, or removal, from the U.S.
- Loss of residency status
- Possible ban on re-entry in the future
- Criminal consequences for individuals assisting in the illegal immigration, such as employers, family members, etc.
A ban on re-entry may be either temporary or permanent. For example, for a first-time illegal immigration charge, an individual may be banned from re-entering the United States for a number of years, for example, five years.
For a repeat offense or a removal which involves serious criminal activity, an individual may be permanently banned from entering the United States.
What Does Immigration and Customs Enforcement (ICE) Do?
Immigration and Customs Enforcement, also often called ICE, investigates many different criminal offenses, which include, but are not limited to:
- Human trafficking
- Drug smuggling
- Money laundering
- Passport fraud
- Gun smuggling
ICE has the legal authority to arrest people who are suspected of violating immigration laws and suspects of terrorism, human trafficking, and illegal immigration. In general, ICE is allowed to hold a suspect for 48 hours without a warrant, unless there is an emergency situation.
Even if someone pays a state bond, ICE can still take them into federal immigration custody based an immigration detainer. Detainees can challenge their detention in various ways, all of which benefit from a lawyer’s assistance. In some situations, when a detainee cannot go back to their country of origin, they can request a writ of habeas corpus to challenge their detainment in court.
There are also a number of differences between immigration proceedings and criminal proceedings. For example, in criminal proceedings, Miranda warnings are provided to suspects. In immigration arrests, however, this is not required because immigration processes are considered to be civil and not criminal.
Immigration detainees, however, do maintain certain rights that are similar to those of criminal defendants, such as the right to remain silent. When an ICE agent requests information about the detainee’s immigration status or they request to conduct a search, the detainee can state they want to remain silent and they do not consent to a search.
These rights are provided in immigration cases based on case law that holds that they are provided under the Fourth and Fifth Amendments. It is also very important for a detainee to have their lawyer review any ICE documents before signing them.
Do I Need a Lawyer for Help with Legal Immigration Issues?
It is essential to have the assistance of an immigration lawyer for any issues, questions, or concerns you may have regarding immigration issues. Legal immigration is a necessary step for non-citizens who wish to maintain good residency status evaluations.
Your lawyer can advise you regarding the current immigration laws as well as what visas you may qualify for. Your lawyer can also provide you with advice regarding how to obtain and keep permanent residency status.
In addition, if you are facing an immigration hearing, your immigration lawyer can represent you throughout the process. You can take advantage of the free lawyer-client matching services provided by LegalMatch to quickly find an immigration lawyer near you to help you with your legal immigration needs.
Once you have completed the online process, you will be matched with prescreened and licensed immigration attorneys in your area who have experience helping clients with legal immigration applications and concerns. Having a lawyer’s help will make sure you can overcome any language barriers you may face, meet any deadlines and requirements, and have the most expedient and stress-free process possible.
