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IMMIGRATION LAW

Immigration law includes applying for the ability to enter the United States and remain in the United States. By no means does this review cover all areas of immigration law. Immigration law is considered one of the most complex areas of law in the United States. With special laws governing different dates of occurrences, special codes and regulations, statutes, case law and retroactivity of certain areas of the law, it is no doubt challenging to most lawyers and judges. Additionally, government bureaucracy, procedures, processing times, inaccessibility to information and other forms of ìred tapeî make handling cases on ones' own a daunting task.

Immigration lawyers are prepared to answer questions relating to how the law works, what the best procedures are as well as what to expect. Additionally, our firm is unique in the sense that we use our knowledge and practice in other areas of law to better prepare and protect a foreign person, a foreign entity or a local entity in the United States when dealing with immigration issues. We hope that you will contact us and/or read more information below so that you may become better acquainted with this area of law.

The law is most easily viewed in the following categories.

• Temporary visas to stay in the United States for a limited purpose for a limited period of time. These visas are generally associated with letters of the alphabet (A-Z) depending on the purpose of the stay.

Temporary Visas

Temporary visa applications center around the need as well as the intent of the duration of the stay. There are many options available to potential candidates. These visas can be applied for by an individual on their own, by a petitioning family member, petitioning employer or organization/entity. The visas have a different alphabetical name assigned to them that distinguishes the purpose of the stay. For example, a ìBî is a visitor, an ìHî is a worker and ìEî is a treaty investor or trader. There are many types of visas under these categories and there have been changes recently under each type of visa.

Lawful Permanent Resident

Permanent visa applications are ones that allow a person to stay permanently. Generally permanent visa applications can only be applied through a petitioner that is either an employer (or future employer) or family member. The only exception to this rule is the ìdiversity visaî which allows nationals of under-represented countries a ìlottery visaî to enter the United States. This lottery visa was given its name based on the random selection of applications.

Enforcement Procedures

Enforcement of immigration laws has been given heightened review ever since the terrorist attacks of September 11, 2001. The government has drastically changed procedures by creating new government departments such as the Department of Homeland Security (ìDHSî). DHS essentially split the former INS (Immigration and Naturalization Service) into the USCIS (United States Citizenship and Immigration Services) and USICE (United States Immigration and Customs Enforcement). Additionally, the agencies already existing in the United States prior to September 11, 2001, have increased their efficiency and manner and means of exchanging information. Just one example of this is the present ability to review criminal records when a person comes into the United States at an entry point. Indeed, these new procedures have allowed the government to throw a much larger and effective ìnetî in catching persons who have allegedly violated immigration laws. Our firm has handled a much greater percentage of these cases in the last few years.

Special Laws

Additionally, in the past few years there has been special attention paid to certain groups of people that have special needs to stay in the United States or be protected from deportation/removal due to their victimization. The U.S. Congress introduced special laws that protect victims of crime as well as witnesses. Different laws have different procedures and requirements. They also vary in the ability of the applicant to apply themselves or through a petitioning Government agency. Additionally, the laws vary in the ability of the victim/witness to stay permanently or just temporarily. Although these laws do provide some assistance for people to come forward in the interest of justice, they are no final solution in many cases to the interests they are designed to protect. Nevertheless, the availability of these laws is an important first step.

Asylum, Withholding & Convention Against Torture

Asylum, withholding and convention against torture relief, go to the historic policy of society and international treaties to protect the return of people to a country where they may be harmed. Although asylum and withholding can be aimed at protecting a person from any ìcredible fear of future persecutionî whether by their government, their people or an individual, convention against torture only goes to government action. The two areas of protection are quite different. Asylum is limited to claims brought within one year of entry to the United States (with certain limited exceptions). Convention against torture relief can be brought at any time. Asylum will not be given to persons who have been convicted of certain crimes, convention against torture can be. Asylum only requires a ìcredible fear of future persecutionî while convention against torture requires a person to show a ìpreponderance of the evidence.î The types of evidence can vary and the strength and merit of the case must be carefully evaluated.