What Is Immigration Law?
Immigration law is the body of laws, rules, and regulations governing who can enter a country. Immigration and naturalization are two different things. Immigration governs who can enter and leave a country. Naturalization determines who can become a citizen. However, these are related issues. Lawyers who practice immigration law usually have practices that cover both immigration and naturalization.
Where Do Immigration Laws Come From?
There are international agreements about immigration too. For example, the United Nations International Covenant on Civil and Political Rights has been in force since 1976. It says that citizens and legal residents have the right to travel internationally. They’re free to leave their home country, and their country must accept them when they return.
What Things Do Immigration Laws Cover?
Immigration laws control what people need to do in order to enter and leave the country. That means inspections at common points of entry, including airports and highways at border crossings. Immigration laws may create requirements for travel documents such as passports and visas. Customs officials generally have the right to inspect your belongings and even detain you for questioning when you enter.
Paths to Immigration
Family visas
Employment visas
Paths to Immigration
A person coming who migrates needs official permission to enter the country. The document giving permission is called a visa. Many countries divide visas into categories based on the purpose of the visit and the length of the person’s stay. For very short stays other than business, the traveller may not need a visa. Most of the visas people use family and work visas.
Family visas
Many countries’ citizens may apply to bring certain family members into the country. With some restrictions, citizens can usually ask to bring their spouses, parents, siblings, and children with them. Legal permanent residents may apply to bring their spouses and children with them. There are a number of forms that you may need for a family immigration petition.
Employment visas
Most other visas are work visas. There are several different categories, including categories for priority workers, skilled workers, and investors. The employer must also provide documents. There are special categories to consider.
Practising Immigration Law
A lot of practising immigration law involves helping a client identify a type of visa that allows them to lawfully enter other countries. If they might be eligible for multiple types of visas, you might need to help them choose among alternatives. You might work on behalf of an individual or on behalf of an employer who wants to bring a worker into the country.
Once you help a client identify the correct visa, you help them process their application. You help them prepare for anything that can cause their application to fail. For example, you may need to prepare them for an interview. If they need to submit character and fitness documentation, you can help them prepare materials that are going to help them make their case.
Immigration lawyers also defend individuals who face deportation proceedings. Individuals facing deportation orders may have a hearing in front of an immigration law judge. They might depend on an immigration lawyer to help them make their case. Immigration lawyers often practice a combination of advisory law and litigation.
