If an individual is considering coming to the United States and remaining there, they should be aware that there are many responsibilities and obligations that come with the opportunity. There are many procedural requirements and laws that individuals are required to follow if they desire to enter the country and remain for any period of time.
Immigration laws regulate and govern how individuals from other countries may qualify for visas and under what circumstances an individual may be deported. There are many different categories of temporary and permanent visas that are available.
Depending on the purpose for the individual’s entry into the U.S., there will most likely be a visa available that fits their needs. Any individual who is already in the United States is also required to abide by immigration laws.
In many situations, an immigrant who already is residing legally in the U.S. has a green card, or a permanent visa. Individuals who have green cards may seek to become citizens.
Individuals with green cards must not engage in any activities that may cause them to be deported. Immigration laws may be very complicated for many individuals to understand.
If an individual needs assistance resolving an immigration law issue or if they have questions regarding an immigration law issue, they should consult with an immigration lawyer.
What Is Legal Immigration?
There are certain standard classifications for individuals who are permitted to apply for legal immigration status in the U.S. Typically, the immigration process begins when an individual applies for and receives their green card, or permanent resident card.
The immigration classifications include a family based category that allows United States citizens or legal residents to sponsor foreign national family members or relatives. United States immigration laws in the United States recognize that children are an important part of the family unit.
Due to this issue, a petition may be submitted on behalf of a child to allow them to immigrate legally to the U.S. In certain cases, undocumented aliens, also referred to as illegal aliens or illegal immigrants, who are parents immigrate to the United States with their undocumented children or they give birth to children in the U.S.
Failure to apply for permission to legally reside within the U.S. may have severe legal consequences. For example, illegal immigration engaged in by parents who are undocumented with their undocumented children may result in separation of the family due to deportation.
What Is Illegal Immigration?
Illegal immigration is a violation of the immigration laws and policies that are enforced in the U.S. In general, illegal immigration refers to individuals who have entered the United States illegally, though it may also include other violations as well.
Common examples of violations related to illegal immigration in the United States may include, but may not be limited to:
- Entering the country illegally;
- Overstaying one’s visa privileges;
- Improper or illegal re-entry into the U.S. after deportation or removal;
- Fraudulent intent in an immigration application;
- Sham marriages for green card purposes;
- Violations related to citizenship and naturalization applications; nad
- Hiring illegal immigrants.
Most of these types of violations are willful violations. Even an accidental violation, however, may lead to negative consequences.
Because of this, it is important for an individual to be aware of issues such as:
- Visa requirements and deadlines;
- Entry instructions; and
- Other types of immigration guidelines.
What Are Undocumented Immigrants?
An undocumented immigrant is an individual who has traveled to the U.S. but does not have the proper documents, for example:
- A travel visa;
- A passport;
- A green card; or
- Other important papers.
This, as discussed above, is referred to as illegal immigration, as it violates immigration laws. Illegal immigration may pose a major problem for the foreign individual.
Laws governing immigration are very strict. Violations of documentation requirements may lead to various consequences for the immigrant.
An individual may be considered an undocumented immigrant either by:
- Entering the country illegally; or
- Staying in the U.S. after their visa has expired, referred to as overstaying a visa.
Individuals who have issues, questions, or concerns related to illegal immigration should consult with lawyers for undocumented immigrants. These lawyers can help individuals complete the requirements so that they are not immigrating illegally.
What Are the Consequences of Illegal Immigration?
There may be numerous consequences for entering or staying in the U.S. without the proper documents, including:
- Immediate removal from the country, or deportation;
- Not being permitted to re-enter the U.S. until a certain amount of time has passed, for example, 5 years after the removal;
- In some cases, criminal consequences may arise, especially if the individual is also being implicated in criminal charges.
In addition, harboring a known undocumented immigrant, or hiring an illegal immigrant may lead to legal consequences. This is an important consideration for employers who may face various consequences for knowing employing undocumented immigrants, including:
- Fines;
- Losing their business license; and
- Other consequences.
Are All Undocumented Immigrants Subject to Immediate Removal?
No, all undocumented immigrants are not necessarily subject to immediate removal. Although some may be, others may be granted amnesty.
Amnesty is similar to a pardon. It is typically granted to individuals who entered the United States for political asylum purposes.
Eligibility for amnesty, however, is very limited. It often requires that the individual had been staying in the U.S. continually for many years.
Can Undocumented Immigrants Apply for Citizenship?
Even when an individual is illegally in the United States, they may be able to become legal immigrants by obtaining lawful permanent resident (LPS) status.
There are several ways an individual may obtain lawful permanent resident status, including:
- Family-based visas;
- Employment visas;
- Fiancé or marriage-based avenues; and
- Asylum and refugee status.
What if I Become a Legal Resident?
If an individual becomes a legal resident, they will be required to change, or adjust, their immigration status. In order to do this, the applicant must file a request with the United States immigration authorities.
Typically, in other words, this process is not handled automatically. In addition, an individual will have to fulfill certain requirements, including:
- There must be a permanent visa spot which is available for the applicant that year;
- Completing the immigration forms that are required, such as Form I-485;
- The applicant must not be in the country illegally; and
- The applicant has not illegally worked in the U.S.
Additionally, the applicant may not be eligible to change their status if they have entered the United States using a visa waiver or under other similar special circumstances. A change of status is typically granted to individuals who traveled to the U.S. on a temporary visa and are looking to relocate permanently to the country.
Temporary visas may include marriage visas or certain types of work visas.
Do I Need a Lawyer for Help with Immigration Documentation?
Immigration laws in the United States are strictly enforced. Violations of these laws may lead to serious consequences.
If you have any issues or questions related to immigration documentation, it is essential to consult with an immigration lawyer. Your lawyer can advise you regarding the applicable laws as well as ensure that your documentation is updated and valid.
In addition, if you are required to attend an interview or immigration hearing, your lawyer will represent you.
