If individuals want to come to the United States and remain permanently, they should be aware that there are numerous obligations and responsibilities which come with that opportunity. There are also procedural requirements and laws which individuals are required to follow if they want to come to the United States and remain there for any length of time.
Immigration laws are laws which govern how individuals from other countries can qualify for visas and under what circumstances individuals may be deported from the United States. There are numerous different types of temporary and permanent visas which may be available.
Depending upon the purpose for the individual entering into the United States, they will be able to find a suitable visa for their needs. Individuals who are already in the United States are required to abide by immigration laws.
Many individuals who already legally reside in the United States, or immigrants, have a green card, also called a permanent visa. If an individual already has a green card, they can take the necessary steps to become a United States citizen.
They are required to refrain from any actions which may cause them to be deported. It is always advisable for individuals to make whatever attempts are possible for them to reside legally in the United States.
Immigration law can be a very complicated system for many individuals to understand, especially if they are from another country. If an individual should need help resolving an immigration law issue, they can contact an experienced immigration lawyer.
What are Citizenship and Naturalization Applicants?
Applicants for citizenship and naturalization are individuals applying to become citizens of the United States. Whether or not to become a citizen of the United States is a very personal decision.
Having a basic understanding of the naturalization process as well as accurate information regarding citizenship is essential. The LegalMatch articles below will provide more information for individuals who are interested in United States citizenship and learning more about applicable eligibility requirements and the application process.
What is Chain Migration?
Chain migration refers to a system where an immigrant to the United States who attains status as a citizen or as a permanent resident can petition for members of their family to join them. It is important to note that citizens are given first priority, followed by permanent residents.
Priority is also given based upon the degree of closeness of the family member who is petitioned. For example, a spouse or unmarried minor child of a citizen is given first priority.
Once a relative is positioned and becomes a citizen or permanent resident of the United States, they can also petition other relatives to join them.
Who can Receive a Family-Based Immigration Visa?
Family-based immigration applications require at least 2 family members, a petitioner and a beneficiary. A petitioner is required to be a United States citizen or a lawful permanent resident.
A beneficiary must be a foreign family member who is not a citizen or a lawful permanent resident. There are several ways an individual may obtain United States citizenship or status as a lawful permanent resident (LPR).
After an individual obtains LPR status or becomes a United States citizen, they may act as a sponsor for another relative in order to obtain a family-based immigrant visa. If their petition is successful, the foreign family member will receive their green card and become a permanent resident themselves.
Obtaining permanent resident status gives the foreign family member the privilege of living and working permanently in the United States. It is important to note that there are two categories of family members who are qualified to receive family-based immigrant visas, immediate relatives and family preferences.
The category the family member falls into will determine the priority they will receive in obtaining their green card. The most desirable category is the immediate relative category.
Is Chain Migration Illegal?
No, there is nothing illegal about an immigrant becoming a permanent resident or a citizen of the United States then petitioning their family members to join them. There is a long history of this type of immigration in the United States.
Immigration policies, however, have become more restrictive in recent years, which makes it more difficult to engage in chain migration. It is important to be aware that there is also some debate regarding the use of the term chain migration because some individuals believe it may have negative connotations.
What are Some Popular Misconceptions About Chain Migration?
As noted above, the term chain migration has been interpreted to have a negative connotation. Similar to other derogatory terms, such as anchor baby, chain migration has been used by individuals who do not support immigration.
The term has also been used in statements by politicians who favor more conservative immigration laws. Although the term chain migration does not necessarily have a negative connotation, it may be used in that way.
A more progressive phrase to describe chain migration may be family immigration.
What are Some Problems with Chain Migration?
One of the biggest problems with chain migration is the amount of time which is needed to obtain a visa after an individual is sponsored by a family member. Some individuals may end up waiting for years, or even decades prior to being approved for immigration to the United States.
There are also problems which arise because of the complicated nature of immigration law, which, in some cases, requires the assistance of an attorney to help navigate the process. It is also important to be aware that immigration fraud does occur, as individuals who are frustrated with the lengthy wait and costs may resort to illegal immigration.
What Role Does an Immigration Attorney Play in Terms of Visas and Green Cards?
Immigration attorneys may provide assistance with applications for visas as well as green cards. Attorneys can help individuals obtain visas so they are permitted to travel to the United States.
In some cases, there may be a restriction which causes an individual to be inadmissible, including having a criminal record. An attorney can assist with obtaining a waiver or an appeal if the individual’s original claim is denied.
Once in the United States, an attorney can help an individual determine if they are eligible for a green card, how to obtain one, and how to keep their green card privileges. Often, these applications involve voluminous paperwork and an individual may be required to attend an immigration hearing.
An attorney can provide advice and representation during these proceedings.
Do I Need a Lawyer for Help with Immigration Issues?
It is essential to have the assistance of an immigration lawyer for any issues, questions, or concerns you may have regarding chain migration. As previously noted, immigration laws can be very complex.
If you or a member of your family are dealing with the immigration process, you will likely want to have the assistance of a lawyer to guide you through the process and ensure it goes as quickly and as smoothly as possible. Your lawyer can advise you regarding the current immigration laws and assist you with filling out any application documents.
If you are required to appear in court or at an immigration hearing, your lawyer can represent you. Your lawyer will also be able to provide information regarding what types of visas may be available for you and your family members to get you to the United States as quickly as possible.
