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.