Legal News

Author: Priyanka Saxena on Sep 06,2022

What Is Immigration Law And How To Start Practicing It?

Immigration is the act of entering any nation with the intention to work or live there permanently. The immigration laws of the United States of America have a broad range of situations involving any individual who comes in from a foreign nation to this nation. This may be for a temporary or a permanent reason. The people who want to visit this nation for a short time and do not want to work here have to go for several options for a nonimmigrant visa. The citizens of some nations need not apply for any visa. They will be eligible to enter the United States of America as a section of the Visa Waiver Program. Citizens of other nations will have to apply with the Embassy or the US Consulate in their home nations in advance of their departure. There are several different types of nonimmigrant visas. But the ones that are the most commonly utilized are visitor visas. These are the visas that do not permit any type of permanent residence in the nation, work in the media, professional performances, employment, or study.

These are some certain nonimmigrant visas and other programs for these types of activities. The people who want to work in the nation may apply for several nonimmigrant or employment-based visas. Nonimmigrant visas, including H visas, permit employment with a certain employer in a certain position. The other visas authorized for employment include the L visa for any intra-company transferees and the R, P, and O visas utilized by religious workers, educators, athletes, scientists, and extraordinary artists. Each type of employment-based visa has specific challenges that must be overcome. All of these visas need documentation of the applicant's qualifications for the position they have been offered.

The Immigration Law Process Involves Getting a Green Card & Becoming a US Citizen

The term green card is used for what is known as the Lawful Permanent Residency. It is a status that allows the indefinite presence in the country and the capability to enter and exit the nation with few restrictions. It also gives the capability to study or work without taking any permission. The residency is usually obtained by a petition filed by an employer or a family member on the beneficiary's behalf. The nature of this relationship between the parties impacts the overall availability of residency and the speed at which it can be obtained. There are some restricted scenarios under which a person may give a petition to become a lawful permanent resident of the United States without any type of sponsor. These sections include groups for whom there are humanitarian programs, investors who have positively impacted the economy of the United States, and foreign nationals with extraordinary capability in their field.

When citizenship is not obtained by birth, it is available to lawful permanent residents with a good moral character using the process of naturalization. This process depends on the circumstances of the applicant, and the amount of time needed after getting the residency differs. The spouse of the citizens of the nation may apply for citizenship status after spending more than two years as a permanent resident. Many of the others must stay for more than four years as permanent residents before applying for citizenship in the United States. Most of the applicants must have good proficiency in English. They must also be capable of passing a short test on the governance and history of the country. But exceptions are made for the people who are old or disabled. All the applicants must swear an oath of loyalty to the nation.

Who might be interested in the immigration law process?

The immigration law gives the person the foundation to represent individuals with many immigration matters to solve. But it also permits them to find out how the immigration status of individuals might impact them in a lot of ways that seem unrelated. The issues related to immigration have seen a lot of debate in the political arena and media coverage in the recent past. The nation experiences a steady influx of people who want to study, work and live within its borders. Lawyers practising immigration law can assist these firms, families, and people navigate many complicated immigration laws and rules. The immigration status of individuals might also impact and coincide with other legal matters. So, lawyers who want to practice immigration law must be well versed in other areas, including tax, company, criminal, and family law.

The lawyers practicing in this area may represent their clients in administrative courts. They may even counsel their clients about their legal obligations and rights related to this activity. They also suggest a different course of action based on their knowledge of the law. For instance, immigration lawyers might assist the citizens of other nations by getting legal status to work in the nation for the visa program. This program gives a framework for the employers of the nation to get foreign nationals in jobs where their specific skills are required. The people who want to come to the country to fill such positions must get approval through a complicated and intimating process. In such a situation, the people or the employers that want to hire them to consult lawyers practicing immigration law. These lawyers give the required assistance in completing the forms and taking the other steps as needed. These immigration lawyers may also represent their clients in dealing with various government officials on issues related to their visa application.

There are lawyers practicing in this area in a lot of other legal scenarios as well. This includes all practices and the bigger law firms that specialize or include such law services. It also includes non-profit firms and government agencies. Nearly all the top athletes or performers hire the services of an immigration attorney. These lawyers give the right advice and directions to get the right visa. There are several immigration lawyers that give their services through a public interest law fair or a non-profit firm. They may also try to create correspondence, meet with the local government officials, render advice to volunteers and staff, make some presentations, and perform various other duties as needed.

Also, lawyers who are highly experienced in practicing in this area may pursue other career interests. This includes teaching about this law in educational institutes. Many universities in the nation have a lawyer on their staff to help incoming students and the faculty there with such issues. The other things include becoming a judge of immigration law, an elected or appointed official, or a legislative aid to a member of Congress because every member of the House has an advisor on immigration law. Even if you practice criminal law, it would be good if you found out more about immigration law. This will help them because they can be professionally sanctioned if they fail to give proper advice to their non-citizen clients on the immigration consequences of sentences, pleas, and convictions.

Finally, pursuing this law can be a great fit for students who are interested in international law and human rights. It can also be good for people interested in criminal or business law. A specialization or concentration in law school in immigration law will help increase the expertise of budding lawyers in this area and give them a benefit in the field. But it is not strictly required to practice this. Clients and employers seek lawyers that have a lot of exposure to the various aspects of immigration law. This includes hands-on legal experiences using pro bono activities, clerkships, externships, legal internships, clinics, and more. This also includes law school coursework.

Conclusion:

There are a lot of resources available that can assist you in learning about how to become a lawyer in the field of immigration law process. But you may find that it is better to start this by talking to people already in the field. This might mean getting an informational interview with an immigration lawyer already working. It may be through your undergraduate institution. You may ask your alums or career offices at the school. The conversations with law school representatives can also be important in this regard. It is quite simple to contact the admissions department of law schools and even your professors. You may also get a chance to talk about immigration law at a fair organized by a law school.