Understanding Immigration Laws

Immigration law is one of the most complicated areas of law in the United States. Applying for a visa or citizenship is a complicated processes, as is fighting deportation or removal. Trying to navigate the system can be extremely frustrating. Here is a list of some of the main types of immigration in the United States

Family-Based Immigration

One common type of immigration is family-based immigration. This occurs when one family member already lives in the United States lawfully, and another family member uses his or her relationship as a basis for immigrating to the U.S. There are two different types of immigration that are considered family-based:

• Immigration of immediate relatives: There is no numerical limit on how many relatives are allowed to immigrate under these provisions. These laws cover the spouses, unmarried minor children, and parents of U.S. citizens. In order for a parent to apply, the citizen must be at least 21 years old.
• Immigration by family preference: The number of family members admitted under these laws is limited to a little under half a million people per year. There is an extremely complicated weighting system that determines which applicants are allowed to immigrate. Family members who can apply under this system include adult children and siblings of U.S. citizens, as well as spouses and unmarried children of lawful permanent residents (LPRs). For a sibling to be considered, the citizen must be at least 21 years old. 

Employment-Based Immigration

The United States allows people with certain valuable skills to immigrate either temporarily or permanently to the United States. Permanent employment-based immigration allows 140,000 people per year to come the United States. That number is broken up into various subcategories. As for temporary workers, there are more than twenty different types of visas depending on what sort of work a person will be doing here and what the duration of that work is.

Refugees and Asylum-Seekers

Refugees and asylees make up a portion of those who immigrate to the United States. These people are typically fleeing persecution in their home countries or are unable to return to their homeland due to some sort of extraordinary or life-threatening condition. Each of these programs has strict requirements depending on an individual’s situation.

United States Citizenship

In order for a person to become a United States citizen, he or she must have had his or her green card for at least five years. Under certain limited circumstances, this can be decreased to three years for certain applicants. A naturalization applicant must also be at least 18 years old, be able to demonstrate continuous residency, prove his or her good moral character, pass citizenship exams, and pay application fees in addition to other possible requirements. There are special rules that apply to members of the U.S. military who are seeking citizenship.

If you have questions or concerns about your rights under the immigration laws of the United States, you should contact an experienced Las Vegas immigration attorney as soon as possible. Get in touch with the immigration team at De Castroverde Law Group today to discuss your situation and how the laws may apply to you.

How an Immigration Lawyer Can Help with Citizenship

If you are ready to apply for citizenship, it may be beneficial for you to obtain legal representation during the process. Applying for citizenship is an exciting time, but it can also be complicated and frustrating. An experienced immigration attorney can help answer any questions you have and guide you through the application process.

Application

An initial issue is determining whether you are eligible for naturalization (the granting of citizenship). The United States Citizenship and Immigration Services (USCIS) is the agency that oversees lawful immigrations to the U.S. and it also has responsibility of processing citizenship applications. The USCIS has developed a Naturalization Eligibility Worksheet (Worksheet) to help individuals determine if they are eligible for citizenship. The Worksheet requires you to answer numerous questions, some of which are complex. An attorney with experience with citizenship applications will be able to help you understand these questions, as well as provide an opinion as to whether you are eligible for citizenship.

In order to apply for citizenship, you will have to fill out Form N-400. This form is 21 pages, with an additional 13 pages of instructions, and includes questions related to all aspects of your life. Like the Worksheet to determine eligibility, there may be portions of the application, or its instructions, that you do not understand. It is important to note that many people applying for citizenship have found the application form complex and stressful. An immigration attorney can relieve this stress by explaining anything that you find confusing.

Accurately and completely filling out the application is crucial to obtaining a successful, as well as timely, citizenship decision. If any part of the application is incomplete or inaccurate, it will result in delays in the process. Even worse, it may result in the denial of the application, which would require you to start the process all over again. An experienced immigration attorney can reduce the chance that any errors or omissions will occur.

Another issue to keep in mind is that the USCIS does make mistakes in regards to citizenship determinations. An attorney will be able to recognize when a mistake may have been made or when the process is not progressing as it should. Additionally, an immigration attorney will know the steps to take to remedy any of these issues. Finally, your attorney will be able to handle the responsibility of communicating with the USCIS or representing you before them, if necessary.

Interview

One area that may cause stress for citizenship applicants is the interview when you will be asked questions about your background and application. An attorney can be of great help in preparing you for the questions and knowing what to expect during the interview. By being prepared, you will be more comfortable, which will likely result in the interview going as smoothly as possible.

For more information related to citizenship applications, you should speak with an experienced Las Vegas immigration attorney. The attorneys at De Castroverde Law Group are fluent in Spanish, as well as English, and can help you complete the process for citizenship.