Immigration law plays a crucial role in shaping the diverse fabric of nations worldwide. The type of immigration case will play a role in the type of immigration lawyer you will appoint. Their approach to immigration issues differs, each offering expertise in their respective fields.
Temporary Visas
- • Valid Passport (6+ months validity)
- • Proof of Financial Support
- • Evidence of Return Travel
- • Home Country Ties
- • No Immigration Intent
- • Maximum Stay: 6 Months
- • Extensions Possible
- • No Work Permitted
- • Business Meetings Allowed
- • Multiple Entry Options
- • Form DS-160
- • Visa Fee Payment
- • Interview Scheduling
- • Documentation Review
- • Biometrics Collection
- • Full-time Academic Program
- • I-20 from SEVP School
- • Financial Documentation
- • OPT Eligible
- • Vocational/Technical Programs
- • Fixed Study Duration
- • No Online Courses
- • Limited Work Options
- • Exchange Programs
- • DS-2019 Required
- • Home Residency Requirement
- • Program Specific Rules
- • Bachelor’s Degree Required
- • Employer Sponsorship
- • Annual Cap Lottery
- • 3-Year Duration (Extendable)
- • Dual Intent Allowed
- • Executive/Manager (L-1A)
- • Specialized Knowledge (L-1B)
- • 1-Year Prior Employment
- • Company Relationship Required
- • Exceptional Achievement
- • Field Recognition
- • Specific Project/Event
- • Advisory Opinion Required
- • Treaty Country Nationality
- • Substantial Investment
- • Business Development Plan
- • Employee Management
- • Canadian/Mexican Citizens
- • Qualifying Profession
- • Required Credentials
- • Employer Letter
- • Religious Organization
- • Non-Profit Status
- • Religious Vocation
- • Prior Experience
Applying for a temporary visa is one of the most prevalent types of immigration law cases. Temporary visas serve as short-term permits for individuals to enter a country for specific purposes. The most common types include:
- Tourist visas: For leisure travel and short visits.
- Student visas: For those pursuing education abroad.
- Work visas: For temporary employment opportunities.
To obtain a temporary visa, applicants typically need to demonstrate the purpose of their visit, provide proof of financial stability, and show ties to their home country. It’s important to note that requirements can vary significantly depending on the destination country and the type of visa sought.
Permanent Residency (Green Cards)
- • Spouses of U.S. Citizens (IR-1)
- • Unmarried Children Under 21 (IR-2)
- • Parents of Adult U.S. Citizens (IR-5)
- • No Annual Quota Limits
- • F1: Unmarried Adult Children of Citizens
- • F2A: Spouses/Children of LPRs
- • F2B: Unmarried Adult Children of LPRs
- • F3: Married Children of Citizens
- • F4: Siblings of Adult Citizens
- • Form I-130
- • Birth Certificates
- • Marriage Certificates
- • Financial Documents
- • Form I-864 (Affidavit)
- • Police Certificates
- • Medical Examination
- • Tax Returns
- • Passport Photos
- • Extraordinary Ability
- • Outstanding Researchers
- • Multinational Managers
- • Advanced Degree Holders
- • Exceptional Ability
- • National Interest Waiver
- • Professionals
- • Skilled Workers
- • Other Workers
- • Prevailing Wage
- • Recruitment
- • DOL Filing
- • Employer Documents
- • Ability to Pay
- • Qualifications
- • Medical Exam
- • Background Check
- • Biometrics
- • Annual Lottery System
- • 55,000 Visas Available
- • High School Education Required
- • Country Eligibility Varies
- • No Sponsorship Required
- • EB-5 Investor Program ($800,000+)
- • Asylum/Refugee Status
- • Special Immigrant Juvenile
- • Violence Against Women Act
- • Registry (Pre-1972 Residence)
- • Legal Status Required
- • No Criminal Issues
- • Financial Stability
- • Income Requirements
- • Assets Evaluation
- • Support Affidavit
- • Means-Tested Benefits
- • Form I-693
- • Vaccinations
- • Health Screening
- • Civil Surgeon Exam
- • Priority Dates
- • Country Caps
- • Category Limits
- • Date Retrogression
- • Address Changes
- • Employment Auth
- • Travel Documents
- • Status Maintenance
Permanent residency, often referred to as a green card in the United States, allows individuals to live and work in a country indefinitely. There are several pathways to obtaining permanent residency:
- Family sponsorship: Immediate relatives of citizens or permanent residents can apply for a green card. This includes spouses, children, and parents.
- Employment-based: Individuals with specific skills or job offers can apply through employment-based categories. This often requires employer sponsorship and sometimes a labor certification.
- Diversity lottery: Some countries, including the U.S., offer a lottery system that grants green cards to individuals from underrepresented countries.
In order to obtain a green card you need to fit the criteria, fill out and submit an application, have your biometrics taken and attend a green card interview. Criteria include proving eligibility, providing necessary documentation, and sometimes demonstrating financial stability.
Asylum and Refugee Cases
Asylum and refugee status are critical components of immigration law, providing protection to individuals fleeing persecution or danger in their home countries.
- Asylum: Individuals already in a country or at the border of another country, different from the country they originated from, can apply for asylum if they fear significant human rights violations should they return home.
- Refugee status: Individuals outside the country can apply for refugee status through international organizations like the UNHCR. They must prove they are unable to return to their home country due to fear of persecution.
The legal processes for seeking asylum or refugee protection involve submitting an application, providing evidence of persecution, and sometimes attending a hearing. These cases are often complex and require legal assistance.
Naturalization and Citizenship
Naturalization is the process by which permanent residents become citizens of their adopted country. In the United States, for example, the general requirements include:
- Being at least 18 years old
- Having been a permanent resident for at least five years (or three years if married to a U.S. citizen)
- Demonstrating good moral character
- Passing English language and civic knowledge tests
- Taking an oath of allegiance
Citizenship brings numerous benefits, including the right to vote, access to certain government jobs, and protection from deportation. Citizenship does come with responsibilities every American must attend to. This includes compulsory jury duty and the potential to be drafted for military service.