When one looks at the challenges faced by immigrants in America, whether they are undocumented or in the process of becoming citizens, one must look at both the legal challenges as well as the emotional challenges immigrants face. From an immigrant’s point of view, it can seem to be all just one big hurdle. And indeed, the lines do cross. But the law sees it from only one view: who is legal and who is not.
The Legal Side
Most undocumented immigrants see the Immigration and Customs Enforcement (ICE) agency as their greatest risk. But what many don’t realize is that there is a legal process that ICE must follow. An immigration official determines if the immigrant is to be placed in a removal proceeding, but a good immigration attorney will inform that person that they have rights like immigration bond and defenses to deportation. If an undocumented immigrant is detained by ICE, an immigration officer determines if they are to be placed in removal proceedings and go before an immigration judge. Again, a good immigration attorney can prevent removal—for reasons such as asylum from persecution, adjustment of immigration status, and cancellation of removal.
Deportation and Removal Issues Might Include:
- Denial of applications
- Deportation or removal proceedings
- Out-of-status deportability
- Immigration impact of criminal convictions
- Hearings before the immigration judge
- Decision appeals
- Denial of asylum
- Representation before asylum judges
- Withholding of removal proceedings
- Relief under the Convention Against Torture
The Emotional Side
In addition to legal issues, language tops the list of immigrant worries. Immigrants are strangers in a strange land and everything is harder when you don’t speak English—things that might seem simple like finding a job, buying food, and making friends. Of course, finding work and a place to live are high priorities. Not speaking the language and not having the correct documentation combine to make attaining these necessities nearly impossible for many immigrants. A lack of documentation also makes it difficult or impossible to enroll children in school, get medical assistance, and attain other services. Many immigrants do not seek these services for fear of being deported. Because they live in the shadows, many immigrants are afraid to report crimes to the police for fear of being deported. As a result, they and their families are likely victims of crime. For all of these reasons many immigrants live a life of constant worry and stress, as well as a feeling of hopelessness.
Immigration Issues That Don’t Include Immediate Deportation and Removal
There are many legal situations that immigrants face which don’t involve the risk of immediate deportation. But these legal issues need to be taken care of before more serious issues arise. Most immigrants want to clear their legal path to live in the U.S. so that they can seek a better life for themselves and their families.
These Legal Concerns Include:
- Permanent residence card applications for family in and outside the U.S.
- Alien relative petitions
- Petitions for fiancée visas, K-1, and K-3 visas
- Consular processing for immigrant/non-immigrant visas
- Applications for removal of conditions
- Advance parole and permission to travel requests
- Self-petitions for abused spouses
- Temporary and permanent employment authorization and visas
- Replacement of alien registration cards and naturalization certificates
- PERM labor certification applications
- H1B professional visas for professionals with advanced degrees
- L1 transferee visas for international managers and business executives
- O1 visas for artists and other aliens of extraordinary ability
- E-Treaty investor visas
- J1 visas for exchange visitors
- Student visas, exchange program visitor J-visa applications
We hope this blog has helped you begin to understand the challenges that immigrants face regarding immigration law and the emotional stress that can go with it. BUT THERE ARE MANY OPTIONS FOR IMMIGRANTS! The first step is finding a good immigration attorney and understanding the law.
Why Choose William Gillespie Regarding Your Immigration Law Concerns?
William Gillespie Law has experience and expertise in Personal Injury, Family Law/Divorce, Criminal Law/DUI, and Immigration Law. Specific to Immigration Law, he can guide you through complex Immigration Law issues. Professionals, corporations, individuals, and families all have different immigration concerns. Regardless of these differences, all Immigration Law compliance involves complex requirements and regulations. Mistakes in the legal process can lead to delay or denial. Immigration Lawyer William Gillespie has been successful in resolving immigration matters with positive outcomes. Attorney William J. Gillespie has been in practice since 1996 and has a proven track record of results representing clients throughout Massachusetts. An active member of the Massachusetts Bar Association and the Plymouth County Bar Association, Attorney Gillespie earned a BSBA degree from Stonehill College and his Law degree from Southern New England School of Law. He also volunteers his time at the Brockton Division of the Probate and Family Court as a Family Court and Probate Attorney.
We’d be happy to answer any questions you may have and offer you a FREE consultation. Call (781) 344-6998; email wgillespielaw.com; or visit our website www.wgillespielaw.com.
Interpreters are available for the following languages: Cape Verdean, Haitian, Portuguese, Russian, Spanish and Vietnamese.
The foregoing should not be construed as legal advice. Visit us for a FREE consultation so that we may advise and defend you on your specific immigration matters.