Immigration Law

Immigration law describes the associated legal rights, duties, and obligations of aliens in the United States. Immigration law also encompasses the rules and methods by which aliens (those who are not U.S. nationals) can become naturalized citizens with full rights of citizenship.

For those seeking legal permanent residency (green card) or citizenship, it is important to be able to analyze your situation and determine the best way to obtain legal status. Some of the issues you will have to decide are how to:

Complete and submit your applications properly for fastest response
Stay current on the new leases that affect you
Avoid delays and problems with your case whenever possible
Keep current on the status of your case with you
Maintain open discussions with the Department of Homeland Security or find someone to represent you in court
File necessary appeals and waivers
Immigrate your family after you are settled (if that is your goal)?

Because the laws can be so complex, in most cases you will want to find a reputable immigration attorney who has the experience and expertise in immigration law to help you utilize the system to your advantage.?

An immigration attorney understands the very complex and ever changing laws controlling entry into the United States of America. An immigration lawyer specializes in helping people deal with the laws and the processes that permit persons who are not citizens of the United States to come to the United States for purposes of:?

(1) visiting as tourists;?
(2) working in the U.S.;?
(3) studying in the U.S.; and?
(4) becoming citizens of the U.S.

An immigration attorney can also help you through all the processes and procedures involved with the naturalization of foreign nationals who wish to become U.S. citizens, as well as dealing with legal issues relating to people who are refugees or who are seeking asylum. 

For those needing visas, there are two types:

Immigrant visas - permit their holders to stay in the U.S. permanently and to apply for citizenship. Aliens who hold an immigrant visa may also work in the U.S.
Nonimmigrant visas - issued primarily to tourists and temporary business visitors, exchange visitors, and certain workers.

Obtaining a visa includes filling out application forms and attending interviews, as well as the collection and cross-checking of names in a highly sophisticated inter-agency database. Because of this process, many visas take at least several weeks to obtain, but some can take longer. It is wise to plan ahead as much as possible.

Finally, it is important to know that any alien can be deported, or removed, from the United States if he or she:

Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;?
Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;?
Violated nonimmigrant status or a condition of entry into the U.S.;?
Terminated a conditional permanent residence;?
Encouraged or aided any other alien to enter the U.S. illegally;?
Engaged in marriage fraud to gain admission to the U.S.;?
Was convicted of certain criminal offenses;?
Failed to register or falsified documents relating to entry in to the U.S.;?
Engaged in any activity that endangers public safety or creates a risk of national security; or?
Engaged in unlawful voting.?

Deportation (also called "removal") occurs when the federal government formally removes an alien from the United States for violations of a number of immigration or criminal laws, described in more detail below. Once deported, an alien may lose the right to ever return to the United States, even as a visitor.?

Removal is a legal proceeding, and an alien who is subject to this procedure has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. This function is managed by U.S. Immigration and Customs Enforcement.

If you or a loved one is facing a potential deportation or removal, it is important that you speak with an experienced immigration attorney to discuss the facts of your case and protect your legal rights.