As we approach Jamaica’s 60th Anniversary of Independence we continue to provide resources that will prove beneficial to our citizens, yard and abroad.
As stated below, Immigration matters can be complicated. We have put together a short summary to simplify the terms, the processes and shed some light on the application for visas, green cards, and citizenship.
What is Immigration Law?
Immigration law refers to the rules established by the United States federal government for determining:
- Who is allowed to enter the country, and for how long.
- Steps for the naturalization process for those who desire to become U.S. citizens.
- How to handle situations (detention and deportation) where people enter the United States without permission, overstay their visit, or otherwise lose their legal status.
What agencies are responsible for enforcing immigration law?
The three agencies below are part of the Department of Homeland Security.
- ICE: Immigration and Customs Enforcement investigates those who break the law, and prosecutes offenders.
- USCIS: U.S. Citizenship and Immigration Services (USCIS) handles applications for legal immigration.
- CBP: Customs and Border Protection is responsible for keeping the borders secure.
What are the two main types of visas?
People from foreign countries obtain permission to come to the United States through a visa approval process. Visas are available for two purposes and are limited by country-specific quotas.
- Immigration visas: for those who want to stay in the United States and become employed there.
- Non-immigrant visas are for tourists, students, and business people who are planning to stay temporarily.
Permanent Residency and Citizenship
So get this, It is recommended to hire a professional immigration attorney. Here is why.
Immigrating to the United States requires individuals to submit a number of detailed applications to the federal government. Further complicating matters, immigration regulations change often, making it difficult for anyone without formal training to stay current on the law. Even among attorneys, immigration is considered a specialized practice area not suited for general practitioners. Self-representation is not recommended.
With the help of an experienced attorney, those who qualify can successfully obtain permanent residency (a green card), and eventual citizenship. While the law provides a path to citizenship for workers and investors, the most common grounds for granting legal status is family-based immigration. This process begins when a permanent resident or U.S. citizen files a petition on behalf of a family member in a foreign country.
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U.S. citizens can sponsor family members who qualify as “immediate relatives.” These include:
- Spouses
- Parents of a citizen 21 years or older
- Unmarried children under age 21
- Children adopted before turning 16.
The government does not limit the number of immediate relative visas approved each year. This means there is no waiting period, other than the time required to process the visa petition.
By contrast, petitions filed by citizens or permanent residents on behalf of more distant relatives are subject to annual quotas. The amount of time these family members must wait to come to the United States will depend on their preference category. Unmarried children age 21 or older are given the most preference. Brothers and sisters of adult citizens are given the least. For those in the lower preference categories, it can take years to obtain a visa.
Immigration is a diverse area of the law, and attorneys tend to specialize in particular types of cases. For example, an immigration attorney may limit his or her practice to employment-based petitions, foreign adoptions, or deportation defense. Immigrants and their families should take it upon themselves to gain a preliminary understanding of the nature of their case, before going about the important task of finding an attorney.
Naturalization or Citizenship Law deals with the legal process of a person taking on citizenship in a country other than the one of his or her birth. The process of becoming a citizen of another country is called naturalization, while citizenship is technically the body of rights, privileges and duties a naturalized citizen obtains.
The Immigration and Nationality Act is the primary source of American naturalization and citizenship law. Generally speaking, a person can become a United States citizen in one of four ways:
- By being born in the United States (or one of its territories);
- By being born to parents who are US citizens;
- By being naturalized (which usually involves certain residency requirements and passing a citizenship test); or
- By being a minor and having one or more of your parents become naturalized citizens.
Green Card
A Green Card is the common term for the document granting formal permission to a resident alien to remain in the United States permanently. A Green Card holder (i.e., the permanent resident) is someone who has been granted authorization to live and work in the United States permanently. One can become a permanent resident (Green Card holder) several different ways.
Most who are granted Green Card holder status are sponsored by a family member or employer in the United States. Others acquire Green Cards as a result of refugee or asylee status or other humanitarian programs, or are able to apply on their own.
To retain permanent resident status, one should not move to another country with the intention of remaining there permanently, remain outside the US for more than a year, fail to file tax returns, or declare themselves a “nonresident” on their tax returns.
Visa Waiver Program
Citizens of certain developed countries deemed politically and economically stable by the U.S. government are allowed to visit for up to 90 days without obtaining a visa. This expedited system does not allow foreign citizens to work, go to school, or apply for permanent status. The visa waiver program is currently available to citizens of 37 countries.
Immigration Amnesty
Immigration Amnesty is a term for a government’s pardon of an illegal immigrant for violating policies related to immigration laws and policies. This area is currently in transition as proposed immigration amnesty laws are currently in debate among US policy makers.
Currently, the US has an approximate 12 to 20 million undocumented / illegal aliens living within its borders. Critics of plans to grant amnesty to illegal immigrants note that the result of an amnesty plan would be to reward large number of persons who have flaunted US laws, in some cases for many years, by granting them with legal status (i.e., a Green Card). Proponents see amnesty as a way to identify these individuals, create a system for integrating them into social systems (e.g., taxation, social security, etc.), and reducing crimes associated with these individuals desperately trying to remain in the country and make livings.
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