Immigration Law
The Law Office of Jonathan Bachison helps all kinds of people in Northern Utah with immigration issues, including removal or deportation proceedings, adjustment of status, work permits, and applications for citizenship.
Immigration Status, Residency, and Citizenship
There are several types of immigration status that include both immigrant and nonimmigrant status. For those individuals that come into the country without a visa or by crossing the border, they are typically considered without status. A person who has an expired visa is considered out of status.
Many people come into the United States on a tourist visa and then marry a U.S. citizen or permanent resident. Other situation might be where an immigrant has a family member that is a citizen or resident. In those situations, the person is eligible for an Adjustment of Status. This is the process of obtaining lawful residency for those who are already in the United States. In either situation, an immigration sponsor is required to file a petition on behalf of the immigrant. Typically, an adjustment of status does not require the person to leave the country and process through a U.S. consulate. People outside the country who wish to immigrate must undergo consular proceedings. In Mexico, this typically occurs in Ciudad Juarez, Mexico. Regardless of whether a family member or employer sponsors the immigrant, the availability of a Green Card is limited by the preference system established by the United States Citizenship and Immigration Services (USCIS). For some preference categories, there are a limited amount of visa available. Right now, some waiting times are nearly 20 years. One can determine the waiting time for a visa by checking the Visa Bulletin at http://travel.state.gov/visa/americans/americans_1252.html.
There are several requirements that must be fulfilled in order for one to become a citizen under the Immigration and Nationality Act, depending on the situation (age, disability, etc), some of these requirements may be waived. This process usually lasts at least six months and can be longer. It ultimately involves passing the U.S. Naturalization test, passing an interview, and correctly filing the N-400 Application for Naturalization. If one ever has a problem or concern, a knowledgeable immigration attorney can help you.
Work Permits
There are several different kinds of “work permits” and they are not all the same. Some permits are granted while one is in removal proceedings or adjusting status; however, some permits are granted due to the type of visa one has when they enter the United States. Among the most common permit is the H1-B. There are a limited amount ever year and applications must be carefully prepared in order to avoid missing out on an chance in the visa lottery.
Deportation/Removal
Deportation, a.k.a. removal proceedings, is the process used by the government to expel an immigrant that has no lawful reason to be in the United States. It is a civil proceeding and there is no free public defender or attorney provided. There are several options available in removal proceedings depending on one’s unique situation. These options include: adjustment of status, requesting deferred action, claiming asylum, or seeking a waiver or cancellation of the removal. All of these options should only be commenced under the guidance and advice of an attorney because there are many ways for a petition or request to go wrong.