An immigration lawyer handles cases that deal with
U.S. citizenship, visas and alien civil rights. To be a U.S. Citizen,
one has to be either born in the U.S., or one must obtain what is
called a green card in order to reside in the U.S. legally.
An
immigration lawyer handles all aspects of obtaining citizenship,
acquiring a green card or issues that arise with temporary visas. An
immigration lawyer would be the best counselor to seek advice from if
one seeks to become a naturalized citizen.
There are two separate
types of visas that an immigration lawyer can apply for when seeking to
obtain one for non-citizens. One is an “immigrant” visa and the other
is a “nonimmigrant” visa. A nonimmigrant visa is usually issued to
those who wish to enter the country temporarily, typically for vacation
or business trips. An immigration lawyer can handle the immigration
processes that need to be followed in order for these people to legally
visit the country for short periods of time.
An immigrant visa is
required if one wishes to work in the U.S. or if one wants to stay for
longer periods of time than what is allowed with a nonimmigrant visa.
An immigrant visa is also the one an immigration lawyer would apply for
if one seeks citizenship. It’s best to hire a competent immigration
lawyer when one seeks an immigrant visa because the number of visas
issued per year is limited to a set number. Once the visas have been
issued, no more will be issued for the current year. An immigration
lawyer can file paperwork in a timely manner that helps to increase
one’s chance of obtaining an immigrant visa with less delay.
An
immigration lawyer also handles cases that deal with alien’s civil
rights. These could include educational rights to an alien’s child or
children, work rights for those with an immigrant visa and medical
rights due if an alien needs health care.
If an alien is not a
citizen yet has a child in the U.S., the child becomes a citizen
automatically at birth. This child has the right to every benefit
offered to every U.S. citizen, including the right to free public
education, health care as well as the right to work when the child
becomes of legal age required to hold a job. The parent on the other
hand, will not have these rights automatically even if his or her child
does. The parent does not become a citizen just because he or she has a
child that is a citizen. The laws concerning these types of cases are
very complex and an immigration lawyer can help a family determine who
is entitled to what rights and benefits in the U.S..
If an alien
has an immigrant visa, he or she must also be treated as equally as a
U.S. citizen when working in the U.S.. This means that fair labor laws
apply to those that hold an immigrant visa and they are entitled to all
rights that employees who are citizens are entitled to. They have been
granted the right to work in the U.S., and as such, they are entitled
to fair wages just as any other worker is.
An employer cannot
deny certain things to alien workers just because the worker may not be
a U.S. citizen. An employer cannot mistreat alien workers and must pay
them the same wages that he or she pays other employees that perform
the same jobs.
If an employer is not fair to aliens who hold an
immigrant visa, an immigration lawyer should be hired to handle the
case. By hiring an immigration lawyer, aliens can make sure that their
legal rights are also protected in the workplace.
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