Contrary to what some people say, immigration is critical to the economy. Foreign workers provide essential labor in agriculture and service industries and bring their skills to the tech industry. People born in other countries often own small businesses that enhance the local business climate and provide employment.
Immigration is a specialized area of law, and it is crucial to work with an immigration attorney experienced in the field. A Pineville immigration lawyer could provide skilled legal assistance regardless of your immigration needs.
The U.S. makes thousands of employment visas available to foreign workers every year. Most of these are for temporary workers, but some employment-based visas confer lawful permanent resident (LPR) status and eventually lead to citizenship.
An employer must sponsor anyone who enters on an employment-based visa. In most cases, the employer must get a certification from the Department of Labor that they cannot fill the position with a willing and qualified citizen or permanent resident. A Pineville attorney could assist an employer to get the necessary certification.
The H series of visas is for temporary workers. There are specific visas for skilled and managerial workers, and others for unskilled, agricultural, and seasonal workers. The L visa category is for managerial employees or those with technical skills transferring within a company from overseas. The H and L visas are valid for no more than three years and most expire within one year.
The EB category of visa is for people of extraordinary skill or ability, people with advanced degrees, people with four-year degrees and specific skills, and some others with an offer of a permanent job with a U.S. employer. Issuance of the visa leads to LPR (Green Card) status. Spouses and unmarried children under 21 may accompany the visa holder to the U.S. and are also eligible for a Green Card.
One of the underlying policies of the immigration system is to allow families to be together. A citizen may sponsor their spouse, children, parents, and siblings to immigrate to the U.S. A Green Card holder could sponsor their spouse and unmarried children under 21. Relatives who receive immigration visas in the family preference categories are eligible to apply for LPR status.
An unlimited number of immigration visas are available to the immediate family of citizens. Immediate family includes a spouse, unmarried children under 21, and parents if the citizen is at least 21. Because there is no need to wait for a visa number to become available, immediate family members often can join their loved ones in the U.S. within two years of applying.
In contrast, the U.S. limits the number of family preference visas it issues to the relatives of Green Card holders and the siblings and married children of citizens. A certain number of visas are available every year to relatives from specific countries. Depending on the familial relationship to the U.S. sponsor and the country of origin, relatives could wait many years for the chance to apply for an immigrant visa. A Pineville attorney could explain how long the process might require in a specific case.
A Pineville attorney’s immigration practice involves more than helping people get visas. For example, people applying for Green Cards or citizenship sometimes experience substantial delays in the process. When a delay has become unreasonable and the United States Citizenship and Immigration Services (USCIS) has no legitimate cause for failing to move on an application, a Pineville attorney could bring a court case called a mandamus action forcing the agency to make a decision.
The U.S. sometimes removes non-citizens from the country and returns them to their country of origin. A removal action, also known as deportation, could happen if someone overstays their visa, enters without documentation, or commits a crime that brings them to the attention of the immigration authorities. A Pineville attorney could defend a removal action and possibly gain permission for an individual to remain in the country.
Victims of human trafficking, spousal abuse, child abuse, and some other crimes are entitled to special status under U.S. immigration law. A local legal professional could ensure an individual receives all the protections they are entitled to receive under the law.
Immigration is complicated, and you need a seasoned guide through the process. A Pineville immigration lawyer has the knowledge and skills to achieve your immigration goals.
Even a small mistake could have devastating results, but working with a legal professional could prevent errors. Reach out to discuss your immigration concern with a local attorney today.