You know that the Immigration Law system is full of various application processes, constant changes, and laws. With all of that comes numerous questions and the need for legal advice if you or your loved one is dealing with the immigration system.
That’s where an immigration lawyer enters. Speaking to one is the best way you can get the answers to your most common questions about the immigration system. In this post, we will talk about the things you need to know about the immigration system and process.
What is Immigration Law?
Immigration law is all about an individual’s citizenship and residency status, binding them with obligations and rights. It also deals with how a non-resident of America may obtain visitation rights, citizenship, and residency. Take note that deportation is a big part of immigration law.
The United States immigration is ruled by four ideals:
- To increase diversity
- To safeguard people and refugees at risk
- To bring foreign nationals who have the needed skills to contribute to the American economy
- To unify families who have been detached
How Is the Entire Immigration Process Passed Out?
Based on the United States Constitution, Congress is given the power to deal with and rule the immigration process. Certain laws that Congress depends on are located in Title 8 of the United States Code. Hence, stipulations about immigration are handled by the federal government.
You see, state governments can’t even interfere. The only exceptions are some states which have passed laws enabling police to study suspected aliens. That has been a hot topic of argument. Irrespective of appeals within individual states. However, it’s still the responsibility of the federal government to track the immigration process through the Department of Homeland Security.
You will find the following in this department:
- Customers and Border Protection
They track the borders of the county and guarantee those going and coming are qualified.
- US Citizenship and Immigration Services
They check into all applications for people who want to pursue legal immigration to the region.
- Immigration and Customs Enforcement
They supervise such matters and prosecutes all offenders.
What are the Important Things You Need to Know about the Immigration?
Below are the crucial things you should learn about the current immigration system in the country.
The entire immigration system is complex
The first thing you need to know is that the immigration system in the country is very complicated and complex. Most individuals refer to it as a broken system, and in most aspects, we would agree too.
For instance, you will find a huge number of issues such as unintended consequences of the labyrinth, extremely long backlogs, as well as multi-layered legislation. Further, one crucial thing you must remember is that you must understand your options first and determine what challenges you will have before you even start.
Most times, individuals are shocked by this. They may have had a colleague who applied for some type of status and assumes they qualify too. Often, they may receive advice from a message board online, a “notario,” or someone who is not a full-fledged immigration lawyer, and it may be a piece of impractical advice. That’s one of the things you need to know.
The entire wait times will take forever
One thing most individuals must be aware of is that the wait periods could be very long in most cases. For example, are you currently waiting for a specific type of family-based petition? Then you could be ready and waiting well more than a decade after the consent of your original petition before your priority date becomes present.
What’s more, another thing that could take a long period is the cases’ adjudication by USCIS as well as the immigration courts. Today, you can receive early court data in Arlington. Hence, it is a over a 4-year wait for you to even the ball rolling on your case.
As you can notice, it is a surprisingly slow-moving bureaucracy, and you should get ready for that. Always keep that in mind.
Aware of your status and the status’ terms
Finally, it’s important that you are completely aware of your status and its terms. That’s especially true no matter if you have never had any problems with your legal status or in front of immigration court.
You will find a few minor things that could end up terminating your status in some scenarios. For example, you are here in the country on a student visa, and you are working more than you are allowed and permitted to work. Maybe you have off-campus employment that is not permitted by the law.
Bear in mind that it could put you in big violation of your status even if you drop some classes and fall below your class schedule requirement. You may be then moved into removal proceedings.
What’s more, departing from the US could also result in your inability to go back to the country. Specific criminal offenses could do the same thing too, and a wide array of other behavior types such as overstaying your selected period here.
In short, you must be aware of your current status, what is permitted and not permitted while you are in it. Remember to be aware of that always.
Various types of immigrants
In case you didn’t know, an immigrant is an individual who comes to a nation to take up permanent residence. However, you should know how you’re defined based on the nation you are in, especially if you are working in the immigration system.
In America, you will find three groups that encompass immigrants:
- Illegal non-citizens
- Legal non-citizens
You will also find other requirements and capabilities which come with that status, depending on the category you fall into. Knowing how you are defined makes it simpler for your immigration attorneys to steer the system and work towards the ideal outcome or resolution.
We understand that your experiences in the immigration system can be extremely challenging and complicated. That’s why it’s important to talk to an immigration lawyer to offer you the legal support you need.