Immigration law is composed of a series of complex laws and regulations, mainly at the federal level. Enter to play when family members move to the United States, when people marry and want to reside in the United States and when immigrants want to get a job. Immigration law has different facets, but in general it is divided into three main categories:
- kinship based immigration,
- immigration based on employment,
- humanitarian immigration
Immigration based on kinship
Relationship-based immigration allows citizens and legal permanent residents of the United States to petition the government to allow certain members of their family to migrate to the United States where they are located. There is no specific number of spouses, minor children or parents for whom citizens can petition. However, there is a limit of 480,000 kinship-based visas that are issued each year to other family members. It includes minor children and siblings of US citizens. UU. and spouses and unmarried children of legal permanent residents.
To qualify for a visa, the citizen or legal permanent resident of the United States must:
- petition for the relative,
- prove the nature of the relationship between them, and
- agree to help the family member upon arrival.
Once the relative is brought to the country, he can petition for legal permanent resident status. You can also do it through the consular process.
The process includes background checks, fingerprints and making the citizen or legal permanent resident of the United States. UU. complete an application If the person receives legal permanent resident status, then they can petition to become a citizen. This usually requires that the family member have lived in the country for at least three years, pass a background check and pass a citizenship test.
Immigration based on employment
The world is becoming increasingly global, so employees can recognize the importance of diversity and the different skills offered by people from different cultures. U.S. Immigration Law UU. It allows permanent and temporary location of workers. There are different visas, depending on the type of work that the person performs and other factors. For example, there is a specific visa for skilled athletes and artists and a different one for religious workers. Immigrants who receive a work visa are often sponsored by a specific employer.
Under current immigration law, there are 140,000 visas per year for immigration based on permanent employment. Also, the US immigration law. UU. it imposes specific ceilings on the number of immigrants that can be admitted based on their nationality. Given the complexity of immigration law, many companies hire the services of an immigration lawyer to assist them with immigration based on employment.
U.S. Immigration Law UU. establishes an amount of immigration status and protections for people who emigrate for humanitarian reasons. For example, refugees are occasionally allowed to enter the United States if their homeland is too unstable to return for reasonable fear of persecution, given certain specific enumerated factors. This type of immigration petition is usually filed in another country.
Asylum is similar to refugee status, with the difference that it is requested by people already in the United States. Immigration law requires that the asylum petition be made within 12 months of arriving in the United States; otherwise, the request can be automatically denied. A lawyer can assist you with the writing of the asylum petition or refugee status.
The Violence Against Women Act and the U visa are two tools that victims of domestic violence and other crimes have. To receive that protection, the person must normally have been the victim of a crime and cooperated with law enforcement officials. There are other forms of humanitarian immigration provided in the US immigration law. UU. An immigration lawyer can explain if any of these protections are available in your specific case.