Immigration Law
What is Immigration Law?
Immigration law refers to the rules established by the federal government for determining who is allowed to enter the country, and for how long. It also governs the naturalization process for those who desire to become U.S. citizens. Finally, when foreign nationals enter without permission, overstay their visit, or otherwise lose their legal status, immigration law controls how the detention and removal proceedings are carried out. Three federal agencies are charged with administering and enforcing immigration laws. Immigration and Customs Enforcement (ICE) investigates those who break the law, and prosecutes offenders. U.S. Citizenship and Immigration Services (USCIS) handles applications for legal immigration. Customs and Border Protection (CBP) keeps the borders secure. All three agencies are part of the Department of Homeland Security.
Types of Immigration Cases
The most common Immigration law cases we handle involve individuals that have suffered unreasonable immigration delays caused by U.S. Citizenship and Immigration Services (USCIS) failure to make a timely decision also known as Wirt of Mandamus. We also handle cases involving, Adjustment of Status, Marriage Based Applications, Immigration Bond Services, Asylum and Refugee Application, Naturalization and E2 Visa.
Writ of Mandamus
Have you or a loved one suffered unreasonable immigration delays caused by U.S. Citizenship and Immigration Services (USCIS) failure to make a timely decision on your case? If you have an immigration case that has been pending for an unreasonable amount of time and you’re tired of waiting, you should consult us about filing a Writ of Mandamus to force immigration to make a decision. Under the Administrative Procedures Act, individuals can file a lawsuit or legal complaint in federal court against USCIS to force or mandate an immigration decision. It’s important to note that a Writ of Mandamus does not guarantee approval. It only helps to ensure that USCIS decides on your immigration case in a “reasonable amount of time.”
E2 Investment Visa’s
Do you want to run a business and live in the United States? Well the E2 Investment Visa might be the right option for you. The E2 visa is a non-immigrant visa for investors, entrepreneurs, and people looking to run a business in the United States. With an E2 visa, you can start a US business or invest in a US business and work for that business. To get an E2 visa, you must invest a substantial amount of capital into a US business and you must direct and develop that business. You can either start a new business or invest in an existing business to qualify for an E2 visa. The E2 visa is only available to people from certain countries with an E2 treaty with the United States. There is no limit to the number of times the E2 visa can be renewed. So as long as the E2 business continues to operate and meet the E2 visa requirements, and E2 visa holder can continue to renew their visa and live and work in the United States.
Overview of Immigration Law
Immigration law in the United States governs who can enter the country, how long they can stay, and the requirements for obtaining legal status or citizenship. These regulations encompass many areas, including work visas, family reunification, asylum, and naturalization. Immigration law ensures the nation's borders remain secure while providing pathways for immigrants to pursue better opportunities, reunite with families, and seek protection from persecution.
Key Aspects of Immigration Law
- Entry and Legal Status Immigration laws dictate the conditions under which foreign nationals can enter the country, either temporarily or permanently. These regulations address various visa categories, such as student visas, work permits, and family-based petitions. For individuals entering without proper documentation or overstaying a visa, obtaining or maintaining legal status becomes more complex and may involve detention, deportation proceedings, or the need to file immigration appeals.
- Naturalization and Citizenship The naturalization process allows immigrants to become U.S. citizens after meeting specific requirements, including residing in the country for a certain period, demonstrating proficiency in English, and passing a civics test. Becoming a citizen grants individuals the right to vote, seek elected office, and fully participate in the country’s democratic processes.
- Asylum and Refugee Protections For those fleeing persecution or life-threatening conditions in their home countries, the U.S. offers protections through asylum and refugee programs. To apply for asylum, individuals must demonstrate that they face threats due to factors such as race, religion, nationality, or political opinion. The asylum process is complex, often requiring detailed documents and legal representation to navigate successfully.
- Family Reunification Immigration laws prioritize family unity, allowing U.S. citizens and legal permanent residents to sponsor certain relatives for entry into the country. This includes spouses, children, parents, and, in some cases, siblings. The process involves filing petitions, submitting the required documents, and navigating potential delays caused by immigration backlogs.
- Detention and Deportation Immigration enforcement involves the detention and potential removal of individuals who have violated immigration laws, such as overstaying visas or entering the country without authorization. Community organizations and immigration law clinics provide critical advocacy and legal support to protect the rights of these individuals, particularly young people and families, during deportation proceedings.
Community Support and Advocacy
- Immigration Law Clinics: These clinics offer legal assistance to immigrants who cannot afford private attorneys. They address issues such as immigration appeals, legal status adjustments, and securing asylum. Many law schools operate these clinics as part of their practice and advocacy programs.
- Local Community Organizations: Nonprofits and advocacy groups provide essential resources, such as access to health care, education, and legal aid, to help immigrants adjust to life in the U.S. These organizations often work in collaboration with immigration law clinics to assist immigrants with applications, reports, and other legal documents necessary for their cases.
Challenges and Legislative Efforts
The passage of immigration reform has been a hot topic in Congress, especially during election cycles. Various acts and proposed laws aim to address issues such as border security, pathways to citizenship, and protections for undocumented young people who arrived as children (often referred to as "Dreamers"). Advocacy for these reforms continues to shape the national conversation on immigration.
Programs for Students and Families
Immigration laws also impact educational opportunities for young immigrants. Programs exist to support students in pursuing higher education despite their immigration status. For instance, the Deferred Action for Childhood Arrivals (DACA) program provides temporary protection from deportation and work permits for eligible young people. Local and national organizations play an active role in ensuring that students and families have access to the resources they need to succeed.
Healthcare, Justice, and Access to Resources
Immigrants, particularly those with uncertain legal status, face challenges in accessing health care and other essential services. Community organizations and law clinics often step in to provide advocacy and connect immigrants with local resources. Addressing the health and well-being of immigrant communities is crucial for ensuring justice and equity for all persons living in the country. By understanding these aspects of immigration law, individuals and families can better navigate the complex system, seek appropriate legal support, and secure their rights within the U.S.
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