A significant number of people who migrate to America find the immigrant process both complicated and stressful. There have been numerous rules that the executive branch put in place when it comes to United States immigration legislation and this has become a radical alteration as to how the immigration system operates, thus, hiring an immigration attorney might be a good idea in order to have a professional guide on the immigration process.
There were a few that have upheld in the courts, although there are also others that were set down. Others are also pending in the courts, meaning that their latest filing remains uncertain.
It can be difficult to handle the immigration system on your own and a long process. Thus, even simple errors in the application can lead to rejection of the application or even revocation of the immigrant status of the applicant.
Why Pay for an Attorney?
There are many reasons to consider employing a competent immigration attorney, some of these reasons include the increasing movement toward detention and expulsion, the provision of exceptions for those non-US residents who have minor offenses, and the number of options to change citizenship.
Each of the circumstances is distinctive in its own way and needs study and experience. With the right tools, what seems like a simple barrier to immigration could become an opportunity to gain entry.
Common Immigration Cases Being Handled by an Immigration Attorney
Some of the immigration matters our law firm commonly handles include:
Cases involving Asylum applications
Asylum rights can be given to a refugee who can show that he or she has a risk of discrimination based on ethnicity, gender, faith, political views, or social classes in their home country, and this includes his or her family. An applicant for asylum should be present physically in the United States in order to file a claim, and the petition should be submitted within one year from his or her arrival.
Asylum is provided on a discretionary basis under immigration legislation and the courts and is dependent on a range of facts. The hearing officer or court will ask claimants for asylum about the existence and degree of their persecution, and whether they will face persecution if returned to their home country. Asylum is also given only to such petitions that have a solid argument with solid proof behind them.
Cases that involve Deferred Action for Childhood Arrivals or DACA
An Executive Order was implemented last 2012 for immigrants who arrived at United States soil as children below the age of 16, and this status is known as Deferred Action for Childhood Arrivals or DACA.
An immigrant that has no lawful status can apply for a DACA status so long as the following requisites are met:
- The person applying was younger than 31 years old as of the date the DACA program was established in 2012
- The person applying arrived in the United States on or before his or her 16th birthday.
- The residency of such person in the United States should be continuous starting from June 15, 2007, to date, and this is inclusive of being present in the United States from the commencement of the DACA program and the data of his or her application for DACA.
- The person applying has been attending school in the US or has already completed high school, or has a GED, or he or she has been discharged honorably from the armed services.
- The DACA applicant has not committed and found guilty of a crime, or any sorts of a significant misdemeanor, or at least three misdemeanors.
DACA allows an alien given DACA status to delay their expulsion from the country for up to two years, which can be extended. Permission to operate is now also granted for people who have DACA status, however, this does not mean that citizenship is being granted to them. A DACA applicant must also register for a green card or citizenship.
Cases involving applications for Green Cards
Green cards may be issued to people who enter the country with temporary permits, such as temporary work visas, tourist visas, or student visas. Legal permanent resident status is available after a person has been in the country on a temporary visa, or it may be obtained once a visa is valid.
Many other foreign nationals must stand in line to have their numerical limit depending on their visa preference type and their country of origin. Any immigrants will have to wait years before they obtain their legal rights.
Cases involving applications for Naturalization
Naturalization is another means by which an individual becomes a US resident. This applies to any person who has been a permanent resident or he or she has been married for at least 2 years and 9 months to a U.S. citizen. An immigrant’s requirements for naturalization include citizenship, good integrity, and the ability to speak, read, and write the English language.
Naturalization includes certain advantages over permanent status including voting rights, not having to think about being deported if you break the law, the freedom to fly beyond the U.S. to longer periods without jeopardizing your citizenship, and the ability to apply and have family members immigrate to the U.S.
Here’s How an Immigration Attorney Can Help You with Your Case
If you or someone close to you is interested in the immigration process, you may face obstacles with the immigration process. So, getting the help of an immigration attorney will be the best way for you to do order to have someone assist you with the challenges you might face during the immigration process.
The immigration attorney will help ensure that you seek protected status or become a naturalized citizen. He or she may also assist you with applying for visas or permanent residence and other forms of security. See to it that you will hire an attorney who is competent and caring and that the lawyer will advocate for your behalf should they be required to testify before a hearing so that the case can be argued and won.