Immigration Law

August 28, 2013

Immigration law encompasses the ever changing laws that deal with the entry to the United States. Immigration law is what governs the persons who are not citizens of the United States to come to the United States as a tourist, for work, for study or for the purpose of becoming a United States citizen.Immigration law can be very complicated and even a burden when dealing with U.S immigration. Some of the issues that may come up with immigration law are:

  • Employment issues: If you need work authorization to work in the U.S.
  • Family issues: If you have family abroad who wish to join you in the U.S, or if you want to get reunited with your children.
  • Deportation issues: If you are facing deportation or removal from the U.S.
  • Citizenship issues: If you wish to receive the benefits that U.S. citizenship offers.
  • Criminal offense issues: If there is a criminal offense that keeps you from obtaining a green card.
  • Student issues: If you wish to pursue your education in the U.S.
  • Asylum issues: If you wish to stay in the U.S because your native country is unstable.

The citizenship process can be a very lengthy process. U.S citizenship applications can get complicated. Sometimes, citizenship applicants are wrongfully denied naturalization, causing an applicant to appeal or reapply, delaying the naturalization process.During the citizenship process, the government needs to know that applicants:

  • Have been continuously and physically residing in the U.S
  • Can read, write and speak English
  • Have an understanding of the U.S government system, history and the principles outlined in the U.S constitution
  • Have good morals and are proud to live in the U.S

Deportation: Under immigration law, deportations are the removal of aliens from the U.S when the alien has violated the immigration laws. Deportations are ordered by immigration judges, even if no prior punishment has been imposed. Those who go through a deportation, or removal, are usually immigrants who have entered the U.S illegally or non-citizens who have committed serious crimes.

Deportations occur year after year and cause thousands of people to be separated from their family, friends, and communities. Families and businesses suffer and the person removed from the country must start their immigration and citizenship applications from the very beginning. In some cases, deportations are so severe that individuals are completely barred from returning to the U.S. That’s why it is important to begin paperwork as soon as possible.

Asylum/Refugee: Persons who have fear of persecution because of their race, religion, nationality, group membership, or political opinion may be eligible for asylum or refugee status. Refugees may apply for refugee status at a United States Citizenship and Immigration Services (USCIS) office. The USCIS will review documents and give refugees documents for entering the U.S.  It is important to apply for refugee status very soon after entry to the U.S. The petition/application should be completed without errors or misstatements so that the application process does not delay. The application should be filed within one year of entering the U.S. The evidence required for the application is extensive and sometimes difficult to obtain.

Writ of Mandate Definition: In some cases, the U.S Citizenship and Immigration Services (USCIS) fails to move forward with or delays an immigration case. When a green card application, citizenship application or other type of immigration application is delayed, a writ of mandate, also known as writ of mandamus, can be filed with the Federal Court. A writ of mandate is a formal written civil action that is issued to the USCIS when an applicant’s case has been delayed for one year or more, with or without explanation, to compel the USCIS to take action on the application. Seeking a writ of mandate may be necessary in order to protect your rights, but while a writ of mandate authorizes the court to order a remedy, it is only a means of determining the reasons why the decisions are pending. It does not determine the outcome of the decision. By forcing the USCIS to make a decision, an applicant might be faced with denial. This may be appealed in a timely manner, with the help of an immigration lawyer.

What an Immigration Lawyer can do for you:

An immigration law lawyer can be on your side when it comes to the various issues in immigration law. An immigration lawyer can increase your chances of entry, work or study in the United States and eventually help you get citizenship. Contacting an immigration lawyer for immigration issues is a good way to avoid the burdens of immigration law. A lawyer saves people and businesses time and effort.

About Camilo Concha:
Camilo Concha, is the founder of Attorney Search Network, a  Lawyer Referral Service in California certified by the California State Bar and meets all the American Bar Standards as a Lawyer Referral Service. Attorney Search Network has been in business for over 11 years.

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