Immigration law encompasses the national statutes, regulations and legal precedents governing how a person enters into, or exits from, a country. It also manages how a person gains citizenship, residency or visitation rights.
Immigration law is a highly specialized practice not suitable for general practitioners. It is recommended that attorneys seek a firm with experienced immigration law형사전문변호사 yers or practice on their own.
Legislation
The federal government has broad power to regulate immigration and control who enters the United States, how long they stay and their path to citizenship. This power stems from several legal standings, including the Constitution’s Necessary and Proper Clause and the Commerce Clause. It also reflects the country’s history of dealing with immigration and its effects on the economy and culture.
Congress has passed many laws regulating various aspects of immigration law. The Immigration and Nationality Act of 1952 (INA) establishes the definition of an alien, sets quotas for foreign immigrants and grants permanent resident status to those who meet certain criteria. It also sets out criminal sanctions for employers who hire illegal aliens and bars the entry of stowaways.
Other legislation addresses specific areas of immigration law, such as the Immigration Marriage Fraud Amendments of 1986 and the Family-Based Visa Lottery Act of 1990. It also provides temporary protective status to immigrants who are facing natural disasters or armed conflict and reformed the visa system by removing race-based quotas and introducing a preference for children of American citizens.
More recently, a bill called the Border Security, Economic Opportunity and Immigration Modernization Act of 2018 addressed issues surrounding illegal border crossings and other policies. The bill expands the ability of the Department of Homeland Security to target individuals and networks involved in smuggling, trafficking and other activities. It also enhances intelligence and investigative support in the region by expanding the Foreign Narcotics Kingpin Designation Act to increase penalties for narcotics traffickers, their organizations and associates. It increases funding for local communities and non-governmental organizations to promote immigrant integration and citizenship programs and English-language instruction.
Entry into the U.S.
The process of gaining entry into the 형사전문변호사 United States depends on your immigration status. Citizens and nationals are classified as legal or undocumented. A person with a green card has lawful permanent resident status and can work in the country. Those without such documents are not permitted to enter and may be subject to deportation proceedings if they break the rules.
The United States began regulating immigration shortly after it won independence, and laws passed over time reflect changing political and economic conditions. Early laws imposed limits that favored Europeans, but a 1965 law opened doors to immigrants from other parts of the world. In recent years, laws have responded to concerns about unauthorized immigration and terrorism.
When you cross the border into the United States, a CBP officer reviews your passport and determines whether to grant you entry. He or she will ask questions to determine your purpose of travel and the length of stay. For example, if you claim that you are visiting family members in California for a week and are returning to your job in Mexico, the officer will want proof of your travel arrangements and work authorization.
You are obligated to answer questions truthfully, but you can decline to answer questioning that you believe to be illegal or unwarranted. This is called exercising your right to remain silent. Asylum and credible fear claims are exceptions to this rule.
Status
Immigration law governs how a foreign national acquires legal status in the United States and how that status is changed or terminated. The practice also encompasses the rights and obligations of non-citizen citizens, their family members and employer-sponsored immigrants. The practice of immigration law requires specialized knowledge and skills. Because of this, attorneys often choose to specialize in particular types of cases. The ABA recommends seeking out part-time or summer jobs, internships and volunteer activities related to immigration in order to gain experience and familiarity with the field before entering the profession.
Congress is the primary legislator in the field of immigration laws. The Constitution grants the federal government exclusive authority to establish immigration policies and procedures. However, local and state governments may impose immigration-related rules and regulations. For example, many localities have enacted ordinances that prohibit employers from hiring unauthorized immigrants. Some counties may require police officers to check the immigration status of persons they arrest.
Despite making innumerable contributions to American business and society, millions of people live in the shadows as a result of immigration law restrictions. This situation inflicts harm to those who are harmed, their families and our economy. The good news is that with the help of an experienced attorney, people who are unauthorized can achieve legal residency and citizenship. The number of unauthorized people who can do so has quadrupled since the 1960s, when U.S. law replaced a racial-based quota system.
Deportation
Deportation (known as “removal” under immigration law) is the process of transporting a non-citizen back to their country of origin. Most people subject to deportation go through a legal procedure called removal proceedings in immigration court that has some elements of due process.
The government has the burden of proof in a removal proceeding to establish that a person should be removed. However, unlike a criminal trial where the Fifth Amendment requires that courts exclude evidence obtained in violation of the law, this principle does not apply to removal trials because they are considered civil and not criminal proceedings.
Most people go through the removal process after committing crimes or being arrested for violating immigration laws, although it is possible to be subject to deportation even without having committed a crime. The rules are constantly changing regarding what convictions have immigration consequences, so even a minor criminal offense can lead to deportation.
An immigration judge may suspend your deportation or inadmissibility if you can show that your removal would cause extreme hardship to your spouse, children or parents who are U.S. citizens or lawful permanent residents, or that you have a well-founded fear of persecution in your home country. Your attorney can help you file a motion for relief in your case. You can also request asylum if you have a well-founded fear of being persecuted in your home country, or Convention Against Torture protection if you can prove that there is a high probability you will be tortured if returned to your home country.