Immigration Law | JacksonWhite Law (2024)

FAQs

What is the US immigration law? ›

Federal immigration law determines whether a person is an alien, as well as the rights, duties, and obligations associated with being an alien in the United States. It also provides the means by which aliens can become legally naturalized citizens with full rights of citizenship.

In general, hiring a lawyer is not necessary to file the I-130 form, but doing so can increase your chances of success by ensuring that your application is prepared and submitted correctly. The I-130 Petition for Alien Relative is a critical step in obtaining a green card for a foreign national relative.

The best place to search for a pro bono immigration attorney is on the U.S. Department of Justice, Executive Office for Immigration Review (EOIR) website, at the page called Find Legal Representation. There, you will be able to access a list of free or low-cost legal service providers, sorted by state.

Why? Because immigration law provides you with a foundation to represent people who have immigration matters to resolve, but it also allows you to recognize how a person's immigration status might impact them in many seemingly unrelated ways.

During the seven-year period of potential eligibility, non-citizens are expected to work toward becoming U.S. citizens. If they do not, eligibility will stop after seven years. Example: Elliot arrives in 2008, and is given refugee status, which establishes his potential SSI eligibility for seven years through 2015.

To qualify for a green card, however, the applicant will need to fulfill other eligibility requirements, including the following examples: They must have physically lived in the United States for at least three years since receiving a U visa.

On April 1, 2024, the cost of filing the I-130 petition will increase from $675 to $675 for paper filing and $625 for online filing. The new Form I-130 fee is part of USCIS' new fee changes. To estimate your 2024 immigration costs and stay up to date on all fee changes, check out Boundless' guide.

It depends on a variety of factors. However, in general, if your family member is already in the U.S. on a different visa (i.e. B-2 visitor visa, F-1 student visa, H-1B nonimmigrant worker, etc.), s/he can remain in the U.S. and can travel back and forth to the U.S. while your visa petition is pending.

The total fee in a simple case could be as low as $1,500, or in a complex case could climb higher than $15,000. If you need to appeal your case, expect to pay even more. If the lawyer quotes an hourly rate instead, expect to pay between $150 and $600 per hour.

This is the case because immigration law is a field where experience counts. Immigration law, practice, and policy can be so complex that it can take many years to understand all the ins and outs fully.

Where can I get free immigration advice? ›

If you need help with an immigration problem, you can contact your nearest Citizens Advice for free and confidential advice.

Being honest is always the best approach in your immigration interview. If you are asked a question you do not know the answer to, do not try to just make something up. It is a better answer to say “I am not sure” than to take a stab at what you think the correct answer is.

In many cases, immigration lawyers can play a critical role in helping individuals, families, and employers navigate the U.S. immigration system, ensuring that their rights are protected and helping them achieve their immigration goals in a lawful and efficient manner.

The nature of the congressional power over immigration, the Supreme Court has held, is “plenary.” That is, the decisions of Congress concerning immigration are relatively free of review by the courts. Still, the Supreme Court has indicated that the plenary power is subject to constitutional limits.

United States Citizenship and Immigration Services (USCIS)

USCIS oversees the process of lawful entry into the United States. Family members and employers who are sponsoring foreign nationals for immigration will submit applications and documentation to USCIS.

Congress enacts the Immigration Act of 1882 (22 Stat. 214), constituting one the first attempts at broad federal oversight of immigration. The law levies a tax of 50 cents for each passenger arriving by ship from a foreign port who is not a US citizen, to be paid by the ship's owner.