Immigration Cases: A Complex Web of Laws and Emotions
Immigration law in the United States is, like, super complicated. With thousands of pages of statutes, regulations, and court decisions, it can be hard to make sense of it all. Even experienced immigration lawyers have to regularly research issues that come up in their cases. But at its core, immigration law determines who gets to come to and stay in the U.S., and who doesn’t.
For individuals and families going through the immigration system, their cases are so much more than technical legal issues. There are real lives at stake, with people’s hopes and dreams hanging in the balance. As an immigration lawyer, you have to balance knowledge of the law with empathy for your clients. Here’s a basic overview of some common immigration case types and issues:
Family-Based Immigration
A huge proportion of immigration cases involve family reunification. U.S. citizens and lawful permanent residents (LPRs) can petition for certain family members to immigrate to the U.S. The categories include spouses, children, parents, and siblings. But there are annual limits on the number of visas available per category, so there are often long waiting lists depending on the immigrant’s country.
While awaiting their priority date, the immigrant beneficiary needs to maintain their eligibility. Issues that sometimes come up are – divorce of the petitioning spouse, the sponsoring relative loses their LPR status, or the beneficiary child turns 21 before their priority date is reached. There are ways to preserve eligibility in some cases, but the lawyers need to act fast and file the right waivers and petitions.
Once their priority date is current, the beneficiary still has to go through a long application process. Lawyers help prepare and submit the numerous forms and supporting documents. Any mistakes or missing info can delay the case for months. Things get extra complicated if the beneficiary is already in the U.S. illegally – they may need additional waivers and exceptions.
Employment-Based Immigration
There are several visa categories for immigrants coming to work in the U.S. – like the H-1B for specialty occupations, EB-5 for investors, O-1 for extraordinary ability, and more. Each has its own requirements around job skills, minimum investment amounts, etc.
The employer usually sponsors the immigrant and has to prove they qualify. But problems come up, like – the employer goes out of business, the job duties change, or the employee gets laid off. The worker’s immigration status is tied to that employer and job. So they have to file complex paperwork to update or transfer the sponsorship.
Employment visas are also numerically limited, so some immigrants get stuck waiting if the cap is reached. Their lawyers may look at other temporary options in the meantime, like student or visitor visas. It takes strategic planning and constant monitoring to keep employment-based cases on track.
Removal Defense
Things get exponentially more complicated when immigrants face removal (deportation) proceedings. The government issues a charging document alleging reasons the person can be deported – like overstaying a visa, entering illegally, or committing certain crimes.
At removal hearings, the immigrant has the right to argue they should be allowed to remain in the U.S. There are various defenses and forms of relief. A lawyer’s in-depth knowledge of the law is crucial. For example, some grounds of deportation can be waived, others can’t. Certain hardship factors and equities may persuade a judge to grant discretionary relief.
Building the most sympathetic case possible requires gathering extensive evidence about the immigrant’s roots and contributions in the U.S., impact of deportation on family, and rehabilitation if criminal issues are involved. Humanizing the immigrant and showing how much is at stake is key.
Naturalization
Immigrants who obtain permanent residency may apply to become U.S. citizens through naturalization. Lawyers assist with the application process and interview. Some common issues that arise are – the immigrant doesn’t meet the physical presence requirements, they have minor criminal history, or they fail the civics test.
Lawyers make arguments for waivers and exceptions where possible. For example, if the immigrant served in the U.S. military they may qualify for expedited citizenship. Representation is so important because denials can lead to removal proceedings.
Immigration Court & Appeals
If an application gets denied, the case may end up in immigration court. These adversarial proceedings are extremely high stakes. Immigrants often have the right to appeal adverse decisions to the Board of Immigration Appeals and federal courts.
The appellate process has its own complex rules around deadlines, standards of review, and types of arguments. Lawyers have to be meticulous with their briefing and lay out compelling legal theories. Going through all levels of appeal can take many years.
Finding the Right Help
As you can see, immigration law is a total rabbit hole that takes attorneys years to fully grasp. If you’re an immigrant needing legal help, do your research to find an attorney experienced with your specific situation. Look for someone who is knowledgeable about the law but also sees you as a whole person. With so much uncertainty and fear around immigration these days, having the right guidance can make all the difference.
This article covered some basics about common immigration cases and issues. Of course, there is so much more complexity and constantly evolving policy changes. Immigration lawyers have to stay on top of everything in order to best serve their clients. It’s not an easy job, but an extremely important one when so much is at stake for the immigrants and families involved.