The Different Areas of Practice in Immigration Law

Immigration law is the body of national legislation concerning immigration. It consists of statutes, regulations, and legal precedents. It is separate from naturalization and citizenship, although the terms are sometimes used interchangeably. It can be complex, so it’s important to find an attorney with expertise in the field. There are four major areas of practice in immigration law: Forms-based practice, litigation, family reunification, and refugee status.

Forms-Based Practice

There are two distinct types of practice in the field of immigration law: forms-based practice and litigation practice. The former involves filing applications for asylum and removing aliens, while the latter focuses on federal court actions and appeals. While many KC immigration attorney practice in both areas, most specialize in one. Others develop additional areas of expertise.

Immigration law is much more complex than simply filling out forms. In fact, many cases have been denied due to improper advice. Whether you’re looking to become an attorney or practice as a notary, you should be well aware of the legal implications. A form-based approach can create legal complications, including the potential for committing unlicensed practice of law.

Litigation

Litigation in immigration law is an avenue for litigants to challenge the denial of a petition. These cases typically arise when a federal agency fails to act on an application within the statutory time frame. The government is required to respond to any application within sixty days of filing the petition. In such cases, an applicant can ask the district court to intervene and adjudicate the application. However, Naturalization & Citizenship this will not guarantee approval.

Litigation in immigration law can involve a number of different methods, including lawsuits and appeals. It is common for immigration lawyers to file suit in federal court when they fail to get their clients what they want. This method can be used to challenge the denial of an application or to fight an immigration judge’s decision.

Family Reunification

If your family lives outside of the United States, you may qualify to bypass part of the immigration process by applying under the Family Reunification Under Immigration Law program. To qualify, you must be an immediate family member (child, parent, or spouse) who is under 21 years old and unmarried. Other members of your family may be eligible as well, but they may not qualify for a visa under this program.

Family reunification is an important tenet of modern U.S. immigration law, but it has a history of excluding certain families and members within those families. This article explores the origins of family reunification in immigration law, and uses legal scholarship and sociological and anthropological research to examine its current application.

Refugees

Refugees in immigration law are individuals who have been forced to flee their countries due to violence, persecution, or natural disasters. Most of them come from countries such as Haiti, El Salvador, Guatemala, and Honduras, although some come from Cuba, Nicaragua, Brazil, or African countries. A few of them have crossed the Mexican border. While the asylum process for these individuals varies between states, there are some commonalities.

The United States has recognized refugees since World War II. The 1951 Refugee Convention, which is based on United Nations Protocols, has defined a refugee as a person who cannot return to his or her country of origin due to a well-founded fear of persecution. The United States also became a party to the 1967 Protocols on Refugee Status. In 1980, after the country’s experience with Southeast Asian refugees, the U.S. enacted the Refugee Act, incorporating the 1951 Refugee Convention definition into U.S. immigration law and providing legal basis for the Refugee Admissions Program.

Refugees Under Temporary Protective Status

In recent years, people who fled gang violence and forced recruitment have felt a significant protection gap. The United Nations refugee agency argues that such claims should be considered legitimate persecution claims under the Refugee Convention. However, the US Board of Immigration Appeals has tended to take the opposite stance. One case of such a claim involves an El Salvadoran woman, who fled 15 years of horrific abuse by her husband.

To be eligible for temporary protected status, a person must demonstrate a history of persecution and a credible fear of future persecution. The persecution must be based on race, religion, nationality, political opinion, or membership in a social group.

Naturalization Act

Naturalization is a process by which foreign nationals can become citizens of the U.S. In the past, immigrants had to meet certain requirements to be naturalized. Racial and ethnic restrictions had limited the number of people who could become naturalized. But the present law prohibits discrimination in this regard.

Under the Naturalization Act, aliens who served in the armed forces for at least three years could apply for citizenship without having to prove five years’ residence in the United States. The act also exempted applicants who served in World War I from the requirement to file a declaration of intention. The law also extended the exemption for applicants discharged from the Army, Navy, and Marine Corps.

IRCA

The Immigration Reform and Control Act (IRCA) passed the 99th United States Congress on November 6, 1986, and was signed by President Ronald Reagan. This law made it much easier for immigrants to gain legal status in the United States and to seek a better life in the country. It was designed to protect both immigrants and citizens, and aimed to make the immigration system more fair and efficient.

Under IRCA, employers could not hire individuals who are not authorized to work in the United States, and the law established a system for employers to verify the legal status of employees. It also increased funding to immigration agencies, including the Immigration and Naturalization Service, U.S. Border Patrol, and Immigration and Naturalization Service.