Immigration law is a complex topic that can be difficult to understand. It can be even more complicated when new laws are introduced and executive orders are enacted.
When you practice immigration law, you must be up-to-date on the law’s current policies, guidance, and interpretations. This is particularly true in the current political climate for employment-based and family-based immigration cases.
What is Immigration Law?
Immigration law is a combination of laws, regulations, and rules that govern how a person enters, stays in, or leaves the United States. It also regulates the naturalization process for immigrants who want to become citizens and how foreign nationals are detained, arrested, or removed from the country when they violate immigration laws.
In the United States, immigration law is primarily regulated at the federal level. However, some state governments have passed legislation for immigration regulation and enforcement.
For example, a few states have recently passed laws that require local police to investigate the immigration status of individuals suspected of being illegal aliens.
American politics are increasingly divided on the issue of immigration, with sharp differences between Republican and Democratic candidates. As the midterms approach, some candidates highlight record apprehensions along the border to win votes.
Legal Status of Immigrants in the U.S.
Immigration law is a set of laws that governs how people from other countries can come to the United States. It covers visas for people who want to travel, study or work in the U.S.
Immigrants usually come to the United States for one of three reasons: to seek employment, reunite with family, or escape oppression or conflict in their home country — often known as seeking asylum.
These people generally need to apply for a visa or temporary permission to enter the U.S.
After being in the United States for some time, they may then be able to gain permanent residency status or a green card. After five years of residency, they may be eligible to become citizens.
There are many different types of immigration laws, both federal and state. Each of these laws has its own unique rules and regulations. It is essential to understand and ask some experts about this law like the immigration lawyer North Carolina to make the best decision for yourself and your family.
Legal Status of Undocumented Immigrants in the U.S.
The legal status of undocumented immigrants varies depending on their reason for entering the country. About half of the people who are considered to be undocumented entered the United States on a visa, stayed past its terms, or violated other immigration documentation requirements.
However, others have come to the United States, specifically to North Carolina, as visitors or students on non-immigrant visas, such as student or tourist visas. If a person fails to renew the passport before it expires, they will no longer have immigration status in the U.S.
President Obama’s most recent executive action, dubbed Deferred Action for Childhood Arrivals (DACA), protects illegal immigrants brought to the United States before they turn 16 from being deported from the United States and gives them two-year work permits. The policy has received bipartisan support among the public, and majorities of religiously unaffiliated Americans and members of Hispanic Protestant religions favor it.
Legal Status of Refugees in the U.S.
Refugees in the United States have several benefits, including initial housing and employment authorization, educational opportunities, and social and language services. They also have the chance to apply for permanent residency after living in the U.S. for one year.
To qualify for refugee status, you must meet a specific definition set out in international law. This includes a well-founded fear of persecution because of your race, religion, nationality, membership in a particular social group, or political opinion.
There are two ways to get refugee status: as a resettled refugee and as an asylee. Resettled refugees typically go through a long process to become U.S. citizens.
Asylees seek protection in the United States while abroad, often claiming asylum. This protection can be both affirmative (if they have a credible fear of persecution) or defensive (if they have a reasonable suspicion of being deported). Asylees can apply for work authorization while their case is pending.