Immigration Law

Immigration Law

Immigration refers to the process by which individuals move to a country where they are not native, typically to live, work, study, or seek safety and better opportunities. In the United States, immigration pathways include family-based sponsorship, employment-based visas, humanitarian relief (like asylum and refugee status), and diversity lottery programs.

Immigrants may enter on temporary visas or apply for permanent residency (Green Card), which can eventually lead to U.S. citizenship through naturalization. The immigration system is governed by complex laws and policies, and navigating it often requires understanding visa categories, eligibility criteria, and legal procedures.

Citizenship and Naturalization

Citizenship and naturalization are the final steps in the immigration journey for many individuals. Naturalization allows lawful permanent residents (Green Card holders) to become U.S. Citizens after meeting specific requirements, including continuous residency, knowledge of U.S. History and Government.

Green Card

A Green Card grants lawful permanent residence in the United States, allowing individuals to live and work permanently. There are several ways to obtain a Green Card, including through family, employment, asylum, or refugee status.

Family-based Immigration

Family-based immigration is one of the most common legal pathways for individuals to come to the United States. U.S. citizens and Green Card holders can sponsor immediate relatives or certain family members, such as spouses, children, parents, and siblings.

Asylum

Asylum is a vital protection under U.S. immigration law for individuals who have fled their home country due to a well-founded fear of persecution. To qualify, the persecution must be based on race, religion, nationality, political opinion, or membership in a particular social group. Asylum seekers may apply either affirmatively (proactively) or defensively (as a defense against deportation), and they must file within one year of their last arrival in the U.S., with limited exceptions. Those granted asylum gain the right to remain in the country, work legally, and eventually apply for a Green Card. The asylum process can be complex and emotionally challenging, making legal assistance highly beneficial. Key aspects of asylum include:

  • Fear of persecution must be credible and well-founded

  • The persecution must be linked to one of five protected grounds

  • Applicants must file within one year of arriving in the U.S.

  • There are two types: affirmative and defensive asylum

  • Asylum leads to work authorization and eligibility for a Green Card

  • Family members may also be included in the asylum application

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