Immigration Lawyer

Before discussing about the immigration lawyer it is necessary to necessary to know about the immigration, immigration laws, history of immigration laws and visas.

What do you mean by immigration and the immigration laws?

Immigration means the introduction of new people into a population and immigration laws are the policies of the national government that keeps the check on the event of immigration to the respective country.

How is immigration law applicable in different countries?

Immigration law which deals with the legal issues pertaining to the stay of foreigners in the respective country is related with the nationality law that governs the matters like citizenship and nationality of an individual and administers the legal status of the people in the matters like citizenship. Immigration laws differ from country to country and change as per the political environment or the political changes taking place in different countries. International law controls the immigration law which is related with the legal matters of obtaining the citizenship of a particular country. Certain countries have very strict laws restricting the duration of the stay of the immigrants in their  respective countries and also restricting the participation of the immigrants in the administration and formation of the government in that countries. But many of the countries have designed a process for naturalization in which the immigrants can become citizens of the respective countries.

History of immigration laws in USA

Immigration laws were formulated in different countries in the ancient periods. But the immigration laws in United States of America has seen and observed an unsymmetrical and uneven progress. During the colonial rule many independent colonies had created their own immigration laws. The first attempt to grant the citizenship to the foreign immigrants was done through the naturalization act of 1790.But after some years the Chinese Exclusion Act was passed in order to restrict and cease the immigration of the Chinese people to USA.The Immigration  Act of 1924 had set a certain specific quota for the immigrants as per their nationality .According to this law the  restrictions were imposed  on  giving the  visas to the number of immigrants who wanted to come to  the USA either for studying, staying  or  doing the job in the USA. The Immigration and Nationality Act of 1952 led to the formation of the immigration and naturization service and this act ceased to exist on first march 2003.

What is meant by visa and how visa is related with the immigration in USA ?

If an individual is not a citizen of United States but wants to enter USA he/she is required to obtain permission from the embassy of the USA.This Permission to enter USA is called as Visa. Citizens of countries like Mexico, Bermuda and Canada are allowed to enter and travel to US without visa under the Visa Waiver Program after they fulfill certain provisions. Several types of visas based on the requirements are issued by the US government to the applicants who seek visa in order to enter into USA

Visas are classified into two categories and they are as follows:

• Immigration visas
• Non-immigrant visas

Immigration visas are granted to those people who want to stay permanently in USA and non-immigrant visas are granted to those people who do not want to stay permanently in USA as they come to USA for study purpose, medical treatment tourism business or temporary work. Student visa is an example of a non-immigrant visa.

What do you mean by the   lawyer who deals with immigration matters?

An Immigration lawyer is a person who has the knowledge of various laws related with immigration and is well aware of different official procedures, rules and regulations involved in the legal immigration from one country to another. Lawyers handling the immigration issues are also called as legal representatives for immigration. These lawyers help any individual to immigrate by trying effortlessly to reduce the legal formalities of the applicant.

Educational Qualifications required by the lawyer dealing into the legal issues of immigration

• A student   is first required to complete a four year or a three year graduation in any discipline.
• After completing his/her graduation in any discipline it is required for the student  to get admission into a three or a four year law course from a law institute which  is recognized by American Bar Association.
• A candidate is required to clear the Law School Admission Test (LSAT) with a required or prescribed score in order to get admission to  a law institute  that is accredited by the American Bar Association
• It is compulsory  for a law graduate to clear the state bar written examination as well as the  written ethics examination to get a permission to practice immigration law suits in the law court
• Many law schools require their undergraduate students to complete legal internships or legal clerkships before completing their law graduation. This would help the law graduates to gain practical experience and enhance their chances of employment after completion of their legal education
• After getting admitted as a lawyer to the state bar, the lawyer handling the immigration law suits  must clear  the required number of continuing legal education (CLE) courses in order to remain constantly updated of the changing laws of immigration
• It would add to the lawyer’s advantage if the lawyer handling the immigration law suits joins American Immigration Lawyers Association (AILA)
• While graduating in law or while doing post graduation in law the student has to do specialization in the subjects like international laws, international agreements, international arbitrations and international relations

Skills required by the lawyer dealing with issues of immigration

• The Lawyer dealing with the immigration issues must be familiar with the naturalization act of 1906, Sec 4 which shows that an immigrant can only become a citizen after satisfying certain legal responsibilities.
• The Lawyer dealing with  the immigration matters  must have an ability to transform the complex application process of the applicant into an easier task
• The Lawyer dealing with the immigration problems must have the ability to minimize the difficulties or problems faced by the applicant while applying for the immigration and while facing problems when dealing with the legal immigration procedures
• The Lawyer handling the  immigration matters must be able to work in a small or a large firm, in a non-profit organization or as a solo practitioner

Job description of a Lawyer dealing with different immigration issues

• Lawyers dealing with immigration issues must be able to specialize in different  fields of law related with immigration issues like family-based appeals, employment based appeals, visa applications and representation in the law court
• Lawyers dealing with the employment based immigration issues must be able to draft the appeals that involve L-1, TN, H-1B and E-2 Visas. These lawyers  must consult clients before preparing and  filing petitions
• Lawyers must be able to assist the clients or the applicants in addressing their employment based immigration issues  as there could be delay in the processing of the immigration visas due to the government’s policy of limiting the amt of employment based immigrant visas
• Lawyers who are dealing with family based immigration issues must be able to draft the citizenship applications and prepare family based appeals in order to present them before the court of immigration
• Lawyers who are dealing with family based immigration issues must be familiar with the concepts of adjustment of the status, consular processing, date of priority and immediate relative

How to find a lawyer who deals with different immigration issues?

• A directory of the lawyers dealing with the issues of immigration could help an applicant find the type of lawyer who deals with the issues of immigration
• The information of  Lawyers dealing with immigration issues could  be obtained if the applicant does the detail search  of  the telephone directory
• The Applicant could also search for the lawyers dealing in  the immigration matters by surfing the search engine of the internet

Importance of the lawyer dealing in the immigration issues

The laws of immigration in the USA and many other countries are very complicated to deal with and it is necessary for the lawyers dealing with the immigration issues to remain updated with these changing immigration laws and immigration polices with the change in government and its policies. Also there is maximum amount of relocation of the people in USA as well as in different parts of the world in this age of globalization for their economic as well as the intellectual growth. So there is great increase in the demand for the lawyers dealing with the immigration issues.

So the career as an Immigration lawyer is a growing career in this modern age as the world has become very small with the current scientific developments and technology. Also the career as a lawyer dealing with immigration issues is a fast growing, exciting, booming and a challenging career which could fetch the lawyer a good amount of salary and the career as a lawyer in immigration has a great future scope and prospects.

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