UNDERSTANDING IMMIGRATION LAWS IN IRVING: A GUIDE FOR NEWCOMERS

Introduction 

Immigration law carves out a system showing who gets in, who gets to stay, and who gets to work in the United States. This would include various kinds of visa means of residence, such as family-based applications, job-related ones, and humanitarian ones, like asylum. In this case, getting an immigration Attorney in Irving to help clarify things is essential. 

It is tricky, as each one has its rules and requirements that apply just to that kind of visa. For most immigrants, the normal path toward legal status in the United States comes through either applying for a temporary visa or being sponsored by family and/or employers. The United States’ immigration law is based on a few basic principles: unifying families, admitting those who can contribute skills to the economy, providing protection to needy individuals, and ensuring diversity. Also, the United States immigration law can be hard to understand for newcomers who are unfamiliar with its legal language. 

This overview will break down the basic workings of the immigration system in the US so you are able to more clearly understand the options and steps involved in pursuing any immigration goals that may apply to you. 

Overview of United States immigration law: Immigration Attorney in Irving

Generally speaking, immigration in the United States works based on the imposition of federal legislation. Of these, one of the most salient is referred to as the Immigration and Nationality Act (INA). The INA was an omnibus legislation tracing back to 1952, which consolidated existing immigration laws within a single legislative framework and has undergone repeated re-formulation and modification. This is in response to newer interests and concerns around immigration. 

A small number of significant government agencies execute and enforce immigration laws on people, which are: 

• The US Citizenship and Immigration Services (USCIS): Generally, the USCIS processes all applications and petitions relating to immigration with visas, green cards, and citizenship. 

• The Department of State (DOS): The DOS issues visas through the embassies and consulates in most parts of the world. 

• The Immigration and Customs Enforcement (ICE): This is a federal agency responsible for enforcement of the nation’s immigration laws and primarily works through the platform of detention/deportation. 

Legal status for immigrating to the United States includes but is not limited to being a legal permanent resident/green card holder, temporary visa holder, undocumented immigrant, and naturalized citizen. You can learn more about these by having a chat with an immigration Attorney in Irving. 

A brief info on the US immigration law terms 

• Green card. 

A “green card,” more properly known as a Permanent Resident Card. It is a document given out by the immigration authorities that allows a noncitizen to live and work in the United States permanently. The most common methods to attain legal status include through family, jobs, refugee or asylee status, special categories, or even through a lottery at times. 

Many rights extended to US citizens, including the right to work in the United States and petition for certain close family members to immigrate, are accorded to green card holders. They must obey all US laws, pay taxes, and more. They have no voting rights in federal elections. They also are removable on specific grounds. Most green card holders are eligible and may apply for US citizenship through naturalization when some time has passed. You can get a US green card by hiring an immigration Attorney in Irving to help you. 

• Visas. 

A visa allows a foreign citizen to apply to enter the United States. There are two major classes of visas: immigrant and non-immigrant visas. Immigrant visas provide for the people who want to live in the US permanently whereas non-immigrant visas provide for the people who visit the US on a temporary basis due to particular purposes. Work with an immigration lawyer in Irving to decide what works for you. 

Immigrant visas are generally based on family connections, jobs, or special categories. They can be issued to the immediate family members of citizens of the US through family preference or some other similar way. On the other end, they are employment-based, which too has divisions such as people with exceptional abilities, managers/executives, and unskilled laborer immigrants. 

Non-immigrant visa purposes include but are not limited to, visitor visas (B-type visas), the F-1 student visas, the M-1 visa, and probably the most well-recognized, specialty occupation visa: H1-B. Of course, all types of visas have their own criteria and process, but having a visa in one’s pocket does not mean entry into the US. It allows the person to apply only at a port of entry. Get to know how to apply for any visa of your choice by consulting an immigration lawyer in Irving. 

• The US citizenship process (naturalization). 

Naturalization is the process under the law by which a non-citizen of the US becomes one. Ordinarily, to be eligible to apply, an applicant must have been a green card holder. The green card status must be continuous and without interruption for an uninterrupted period, usually five years, but if the applicant is married to a US citizen, three years suffices. This usually is what is called a “residency requirement.” 

Apart from proof of residency, applicants for naturalization should also be capable of proving they are a person of good moral character – they have not committed certain crimes. To know what this entails, discuss it with your immigration Attorney in Irving. 

Applicants for naturalization will also be obligated to take English and US civics tests. This will assess the applicant’s capacity to read, write, and talk in elementary English and their knowledge of US history and government. There are a few exemptions for older applicants or applicants with disabilities to English and civics tests. 

Once an individual is a naturalized citizen, they have nearly all the same rights as US-born individuals. This would also include being entitled to the right to vote in federal elections as well as being able to apply for a US passport. A Texas Immigration Lawyer can help you smooth your journey to US citizenship. 

• Asylum. 

Asylum is protection available to aliens in the United States who have been persecuted or fear persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group. For others, international refugee law protects against persecution. 

Asylum can be sought either by an arriving alien on arrival or within one year after arrival in the United States. Asylees may find another route to get a green card or permanent residence one year from the date of being granted asylum. They can also bring with them their spouses and children to the US if they are granted asylum. Asylum is basically the saving of an individual’s life who is running away from danger, but it is complicated legally, finding one’s way through hard legal rules and evidentiary requirements. An immigration Attorney in Irving can guide you through this tricky process. 

Get help!

The US immigration process can be quite complicated. But, with this post, you are off to a great start to learning some relevant terms and ideas. Whether immigrating to the United States, researching immigration law, or otherwise, this post is a great starting point for your journey. 

Keep in mind that immigration laws are subject to change, and therefore, for more recent details, it will be better if you connect with an immigration lawyer in Irving. Reach out to Gehi and Associates today to find out more!