Immigration Attorney Overview

Lawyer Assistance With Immigrating to the U.S.

The United States provides many benefits to those who live within its borders, and people come from all over the world in hopes of gaining the ability to legally enter the country, maintain family relationships, and work to earn an income. However, the legal procedures that must be followed during the immigration process can be quite complex. Immigrants will need to file a variety of forms and documents while meeting other requirements, and mistakes made during this process could affect their ability to come to the U.S. or jeopardize their legal status in the country.

When someone is planning to immigrate to the United States, or when they wish to bring a foreign family member or employee to the country, an immigration lawyer can provide invaluable assistance, ensuring that legal requirements are met and addressing any issues that may arise throughout the process. An attorney can also provide guidance on how to respond to queries from immigration officials while assisting with compiling documents and filing the necessary forms and paperwork.

As immigration laws and policies change, people who are involved in immigration cases will need to make sure they understand their rights and options. Immigration officials may take action against people who may not have a legal status in the United States. When a person is detained or when they may be required to leave the country, an attorney can provide representation in immigration court and make sure they understand what options may be available to resolve these issues.

Legal Issues Related to Immigration

An immigration attorney can assist with a wide variety of issues that may be encountered during the immigration process, including:

• Family-Based Visas: Before they can legally enter the United States, a foreign citizen must first obtain a visa. Different visas are available for different family members, and some visas have numerical limits, which can lead to long waiting periods. In general, close family members of U.S. citizens will qualify for visas that will allow them to obtain a legal status relatively quickly. Other family members of citizens or immediate relatives of lawful permanent residents may need to wait for a visa to become available. Citizens can also provide sponsorship for foreign fiancés, which will allow them to get married after their partner comes to the U.S.
• Employment-Based Visas: Employers in the United States can sponsor different types of employees for immigration. Some employees may qualify for temporary work visas (such as H1-B visas), while others may be able to apply for permanent residency. The types of visas available will depend on an employee's qualifications, and employers will also need to receive certification and demonstrate that they are hiring foreign employees because there are no qualified workers available in the United States.
• Becoming a Lawful Permanent Resident: After receiving a visa that allows them to live and/or work in the U.S., a person may be eligible to apply for lawful permanent residence and receive their Green Card. If they do not do so, they may be forced to leave the U.S. when their visa expires. With a Green Card, a person can continue living in the United States indefinitely, maintain employment, and sponsor certain other family members for immigration.
• Obtaining Citizenship: Lawful permanent residents who have lived in the U.S. for a certain amount of time may complete the naturalization process, gaining the full rights of a citizen of the United States. Citizenship can provide many benefits, including the right to vote, the ability to travel internationally with a U.S. passport, and the ability to sponsor relatives for immigrant visas.
• Addressing Concerns About Crime or Domestic Violence: Immigrants who have been the victims of crimes may be able to receive protections that will give them a legal immigration status and allow them to continue living in the U.S. Some victims may qualify for U visas if they are willing to work with law enforcement to investigate and prosecute crimes. Victims of domestic violence may receive protection under the Violence Against Women Act (VAWA), and they can take steps to apply for Green Cards.
• Defense Against Deportation: People who are facing the possibility of removal from the United States should work with an attorney who can help them understand their rights and their options for deportation defense. In some cases, cancellation of removal or withdrawal of removal may be an option, while in others, people may qualify for waivers that will allow them to remain in the U.S. in order to prevent a family member from experiencing hardship.
• Deferred Action for Childhood Arrivals (DACA): This program has allowed certain undocumented immigrants who came to the U.S. as children to remain in the country. While the program is no longer accepting new applications, people who have DACA status may still apply for renewals so that they can avoid deportation.
• Applying for Asylum: People who are in danger of persecution in their home countries may apply for asylee or refugee status, which will allow them to live and work in the United States. Meeting the qualifications for asylum can be difficult, but an attorney can advocate on behalf of immigrants to make sure they will receive the proper protections.

Immigration law is very complicated, and those who are planning to enter the U.S., bring family members to live with them, obtain a Green Card, become a citizen, or avoid deportation should work with a skilled attorney who can help them understand immigration laws and protect their rights.