Immigration Law
The act of coming to the country with the intention to start living and working here is called immigration. The immigration laws in the United State cover a variety of situations where a foreign person is entering the country whether temporarily or to live.
The immigration system grants immigration status that is based on family relations, capital investment or work skills that are in demand. It also regulates asylum seekers and refugees and organizes an immigration “lottery” for those who don’t have more pressing reasons for immigration. How you get (or don’t get) a legal immigrant status depends on many factors related to your education, family and employment.
Millions of people have come to the US from all over the world. Immigration has helped the economic growth of the country. However, the attitude towards immigrants can vary from hostile to favourable.
Americans do know that they are a nation of immigrants, but the system that determines who can come to live and who can visit can sometimes be very confusing.
After the Homeland Security Act was passed in 2002, immigrations laws did change a lot. The administrative work with immigration is carried out by the US Citizenship and Immigration Services, the US Customs and Border Protection and the Customs Enforcement both protect the borders.
Deportation occurs when a non-citizen is ordered to be removed from the country by the government. This may happen because the immigration laws were broken or in some serious criminal offence cases.
Immigration laws can be very complex and trying to find you way in this maze can be too difficult to do on your own. A qualified lawyer can help to take on this challenge.
Immigrant Categories (Employment-based)
Below is a list of some employment-based immigration categories. These usually refer to long-term or permanent immigration to the United States via employment, work status, or investment. Several issues accompany many of these statuses, such as travel limitations and extensions.
- EB-1(a): Alien of Extraordinary Ability
- EB-1(b): Outstanding Professors/Researchers
- EB-1(c): Multinational Manager or Executive
- EB-2 Based on PERM: Advanced Degree and/or Exceptional Ability
- EB-3 Based on PERM: Professionals, skilled workers and other workers
- EB-4: Special Immigrant & Religious Workers
- EB-5: Investor Visa
- NIW: National Interest Waiver
- PERM Labor Certification
- PERM for University and College Teachers
- Foreign Nurses Immigration
- Adjustment of Status
- Concurrent Filing of I-140 & I-485
- Consular Processing
- Advance Parole
- Travel Documents
- Work Permit
- Reentry Permit
Immigrant Categories (Family-based):
Immigrant categories that are family-based refer to long-term or permanent immigration to the United States via a family member, for the purpose of reunification. There are various priority-categories that accompany family-based immigration.
- K-Visa: Spouse of U.S. Citizen or Fiancé
- Marriage to a U.S. citizen or Green Card holder
- Divorce
- Adoption
- Travel documents
- Work permit
- Reentry permit
- Adjustment of status
- Consular processing
- Advance parole
- I-130 Petition
Non-Immigrant Categories
The following is a list of some common benefit categories for non-immigrants. These are typically short-term statuses for individuals coming to the United States for various reasons, such as studying or working. Included in this category are the following:
- F-1: Student visas for students completing a degree program in a United States university
- J-1: Students participating in exchange programs in the United States
- J-1: Advisory opinion
- E-1: Treaty investor and treaty traders
- H-1B: Specialty workers, typically under employment contract with a company in the United States
- L-1: Transferees from within a specific company to the United States
- CW-1: Transitional worker
- O-1: Outstanding researcher visa
- R-1: Religious worker
- Third-country visa