Immigration law is the body that governs the requirements that a person must meet and fulfill to live or work in a particular country. An individual seeking to gain legal status in a country is expected to do so under permission as per that country’s rules.
America is known as the land of opportunities to immigrants seeking better lives and a wish to follow their dreams. The history of immigration law can be traced back to 1790 when the first naturalization act was passed. While earlier in the history of immigration law, the focus was on requirements to acquire citizenship, it evolved to include restrictions on immigrants. These restrictions have progressively increased over the years. Immigration laws are designed to control the total composition of the US population.
Stages of Immigration
Prospective Immigrant: This is the stage where an individual is considering and exploring the possibilities of gaining permanent resident status to live and work in the US.
Applicant or Petitioner: When you have made your decision to immigrate to the US or seek an immigration benefit from inside the US, you complete a petition or application with USCIS and are an applicant for admission into the US.
In Removal Proceedings: There are cases where your application is denied either because you have violated your immigration status in some ways. This results in immigration issuing you a Notice to Appear (“NTA”) which puts you in removal proceedings.
Areas of Immigration Law
Family-Based Immigration
This area of immigration requires a petitioner and beneficiary’s participation. The petitioner should have already acquired US Citizen status and wants to sponsor a family member’s green card. The family members that can benefit under this law are spouses, fiances, parents, children, and siblings. The petitioner can also be a legal permanent resident also referred to as a green card holder. A green card holder can petition for his/her spouse and minor as well as unmarried adult children.
Humanitarian Immigration
US immigration law protects individuals who are seeking immigration for humanitarian reasons. Cases like refugees coming from unstable countries due to war and political unrest can benefit under this law. One can seek Asylum for fear of prosecution in their home country based on race, religion, nationality, political opinion or membership in a particular social group. Individuals who are victims of crimes in the US, are going through problems with their US citizen or green card holder spouse (or domestic partner in certain states) as well as with their US citizen children over the age of 21 also qualify for humanitarian protection under the immigration laws. Workers who are being exploited by their employer or individuals who are being forced to work by a family member may also qualify.
Employment Immigration
Individuals with certain skill sets, education, work experience can qualify for employment based immigration. These individuals can self-petition if they meet certain criteria or they require sponsorship from a US employer. These individuals are then granted an employment-based immigrant visa and green card. The most popular employment-based immigrant visa categories are EB-1, EB-2, and EB-3.
Immigration law is one of the most complicated areas of US law because it involves multiple agencies and processes. An individual seeking immigration benefits can easily miss out on their chance if an experienced immigration lawyer does not guide them through the preparation of their immigration case which involves knowledge of the law and processes, completion of various petition and application forms and representation at interviews and in court.
Our Law Firm
Engaging a skilled lawyer from the beginning by a prospective immigrant is key to guarantee success. At Anshu Karki Law, we can represent you regardless of which stage of your immigration process you are in. Contact us today for representation.