Entering into and residing in the United States carries many duties and obligations. There are procedural laws and requirements in place that must be followed for anyone wishing to enter into and stay in the United States for any length of time.
Immigration laws are those laws that regulate how an individual from another country may qualify for a visa and under what circumstances an individual can be deported. There are different kinds of temporary and permanent visas available. Depending on an individual’s purpose for entering the United States, there is a visa that will fit their circumstances.
Individuals already in the United States must abide by immigration laws as well. Many people who legally reside in the U.S. have a green card, or permanent visa. Many individuals with green cards seek to become citizens. They must refrain from engaging in any activities that would result in removal or deportation. It is always advisable to take whatever steps possible to legally reside within the U.S.
Immigration law is very complex and can be difficult to navigate, especially without representation. It is important to consult with an attorney concerning any immigration issues.
What is an Immigration Application?
An immigration application is the documentation and paperwork necessary to complete during the immigration process. In most cases, it refers to applications for permanent residency, such as green card applications. However, it may also refer to other types of immigrations issues, including non-immigrant visas and other categories.
For many, the process of relocating to the United States begins with an immigration application. For this reason, it is important to seek the help of an attorney for assistance in order to provide all paperwork that is completely and accurately filled out.
What are the Requirements for an Immigration Application?
The requirements for an immigration application will be different depending on the type of visa or document for which an individual is applying. Most immigration applications require documentation including:
- A birth certificate;
- Medical records;
- A photo ID;
- Proof of a clean criminal record;
- A record of previous residences;
- Bank account statements;
- Employment records; and/or
- Various other documents as required.
These documents will need to be supplied at the time of immigration application. Failure to provide required documents can negatively affect an individual’s chances of obtaining a visa document.
What Immigration Documents are Most Important?
Many immigration laws involve documents associated with a person’s immigration status. In some cases, an immigration document can provide proof of an individual’s immigration status, such as a residency card. In other cases, an immigration document may be necessary for support or evidence in an immigration application.
Important immigration documents may include:
- U.S. Passport, which is required for international travel;
- U.S. Visa;
- U.S. Conditional Residency Card;
- U.S Permanent Resident Cards, also known as a green card;
- U.S. Taxpayer Identification Number, known as a “Tax ID;”
- U.S. Social Security Card, which is required for employment in the U.S.;
- Arrival and Departure Record, or “Form I-94;” and/or
- Re-entry Permits, which may allow a non-citizen to leave and re-enter the U.S.
Documents associated with immigration laws are extremely important. These documents should be filled out as accurately as possible and submitted within the required deadlines. Additionally, any instructions regarding when to keep the documents with an individual, either the original or a copy, should be strictly followed.
What if I’ve Failed to Submit an Immigration Document or Made an Error?
Failure to submit an immigration document when requested can have serious consequences, depending on the circumstances. For example, if the document is being requested for an immigration application, failure to submit the document may result in the application being delayed or rejected.
Additionally, submitting the wrong document or submitting a document that contains errors may have the same effect on an application. An example of this issue arises when a birth certificate is requested for a visa application. Failure to submit the birth certificate can disqualify the application.
Submitting a document with an error or failing to submit a document may cause suspicion that an individual is attempting to falsify a document and/or deceive immigration officials. An immigration application submitted with fraudulent intent is a serious offense and may result in consequences including:
- Denial of the application;
- Removal from the country; and/or
- Prohibitions of future entry into the United States.
What if an Immigration Application has been Denied?
Immigration applications may be denied for a number of reasons. As noted above, an application may be delayed or rejected if any required documents are not submitted in the required time period. Additionally, immigration applications may be denied simply because the quota has been reached for the year.
Subject to some limitations, an immigration application that has been denied may be appealed. This may apply if an administrative or procedural error occurred. Appeals are not permitted in all cases and often require the assistance of an attorney.
If an immigration application has been denied due to fraudulent intent in the application, an appeal will not likely be granted. If an individual has lied or engaged in fraud on their application, their chances of being able to apply at a later time are greatly reduced.
What are Some Common Immigration Violations in Arizona?
Immigration violations, or illegal immigration, is a term for violation of the immigration law and policies that are enforced in the United States. Generally, it refers to an individual who enters the U.S. illegally, but can include other violations as well. Some common violations in Arizona and the rest of the United States include:
- Illegally entering the United States;
- Overstaying an individual’s visa privileges;
- Improper and/or illegal re-entry into the U.S. after deportation or removal;
- Fraudulent intent when submitting an immigration application;
- Sham marriages for the purpose of obtaining a green card;
- Violations related to citizenship and/or naturalization applications; and/or
- Hiring illegal immigrants as employees.
The majority of these violations are willful violations. However, accidental violations can also lead to negative consequences. It is important to be aware of requirements and/or guidelines such as:
- Visa requirements;
- Visa deadlines;
- Entry instructions; and/or
- Any other type of immigration guideline that applies to an individual.
Are There any Unique Immigration Laws in Arizona?
Arizona has tough immigration laws. It passed a strong immigration law, S.B. 1070, whose requirements of law enforcement have been lessened. Originally, it required law enforcement to check the immigration status of any persons suspected of being in the country illegally and detain those that were for federal custody.
Currently, law enforcement officers may inquire about an individual’s immigration status at their own discretion. Additionally, they may contact the U.S. Immigration Customs and Enforcement unless doing so would prolong the stop or detention.
Should I Hire an Immigration Lawyer in Arizona?
Yes, you should hire an immigration lawyer in Arizona for any immigration related issues. As noted above, immigration law is one of the most complex areas of law. It is extremely important to fill out all documentation accurately and provide everything that is requested.
An immigration lawyer can assist in filling out, reviewing, and submitting any documents to the appropriate agency. A lawyer can also represent you during any court proceedings and/or application appeals, if necessary.
