Dallas Immigration Lawyer

Understanding Immigration Law

Immigration law includes applying for the ability to enter the United States and remain in the United States. By no means does this review cover all areas of immigration law. Immigration is considered to be one of the most complex areas of law in the United States. With special laws governing different dates of occurrences, special codes and regulations, statutes, case law and retroactivity of certain areas of the law, it is no doubt challenging to most lawyers and judges. Additionally, government bureaucracy, procedures, processing times, inaccessibility to information and other forms of "red tape" make handling cases on ones' own a daunting task.

A Dallas immigration lawyer at the Mathur Law Offices is prepared to answer questions relating to how the law works, what the best procedures are as well as what to expect. Additionally, our firm is unique in the sense that we use our knowledge and practice in other areas of law to better prepare and protect a foreign person, a foreign entity or a local entity in the United States when dealing with immigration issues. We hope that you will contact us and/or read more information below so that you may become better acquainted with this area of law.

Asylum & Torture
Historical abuses of the system in charge of asylum cases have led to skepticism about these types of cases. Therefore, it is crucial to understand that only those that are believed to have the most potential for success can be taken on by an attorney. Read more about asylum and torture…

Business Work Visas
Business visas can be obtained when foreign workers wish to come to the U.S. for work in any number of business industries. These visas can be issued to new workers, transfers, special workers, free trade workers, investors, trainers, athletes, agricultural workers, artists, etc. Read more about business work visas…

Detention & Deportation
Any non-citizen of the U.S. is susceptible to removal from the country, including visitors, illegal enterers and even lawful permanent residents. Read more about detention and deportation…

Employment Based Visas
An employment based visa can be issued to foreigners who wish to enter the country for purposes of employment. Read more about employment based visas…

Family Visas
The time at which a family member applies for a visa, as well as the order in which the procedure is done will play a significant part in whether or not the request for entrance is legally approved. Read more about family visas…

Green Cards
Green cards are also known as permanent resident cards. They are not indicative of an individual's permanent citizenship, but they do allow for individuals to live and work in the country without the threat of being deported. Read more about green cards…

Naturalization
There are very specific requirements for naturalization and the laws are constantly changing, so it is very important to obtain legal counsel in order to ensure that you are operating legally. Read more about naturalization…

Student Visas
A legal student visa will allow for a foreign student to come to the United States for the purpose of educational studies. This allowance can be lost or revoked based on a number of circumstances, all of which an immigration lawyer can thoroughly explain to you. Read more about student visas…

U-Visa Violent Crime
Illegal immigrants are sometimes the victims of crime. When this is the case, a U-Visa will allow the illegal immigrant to act in correlation with U.S. law enforcement officers in order to convict the criminals who have wronged them. Read more about U-Visa violent crimes…

Violence Victims
Many cases of domestic violence go unreported because illegal immigrants are afraid that reporting the violence will result in deportation. In order to protect against this threat, certain laws have been enacted to ensure that victims of violence feel safe in reporting the harm done to them. Read more about violence victims…

Why an Immigration Attorney?
The level of complexity in regards to immigration law can be difficult to fully understand, especially considering that certain laws are constantly under revision or change. Fortunately, it is the responsibility an immigration attorney to keep up with these laws and provide advice and support to anyone in need. Read more about why to hire an immigration attorney…

The law is most easily viewed in the following categories.

• Temporary visas to stay in the United States for a limited purpose for a limited period of time. These visas are generally associated with letters of the alphabet (A-Z) depending on the purpose of the stay.
• Permanent visas, allowing a person to remain as a "lawful permanent resident" or "green card holder."
• Enforcement procedures, procedures relating to admission requirements, exclusion, deportation and removal from the United States.
• Special visas for special victims or witnesses to crimes, special laws that allow persons who are domestic violence victims, victims of human trafficking, alien smuggling, prostitution, vice and witnesses to certain crimes in staying in the United States.
• Asylum, withholding and convention against torture relief, which centers a right of a person to enter or remain in the United States based on the likelihood of harm coming to them if they were returned home.

Temporary Visas

Temporary visa applications center around the need as well as the intent of the duration of the stay.There are many options available to potential candidates. These visas can be applied for by an individual on their own, by a petitioning family member, petitioning employer or organization/entity. The visas have a different alphabetical name assigned to them that distinguishes the purpose of the stay. For example, a B is a visitor, an H is a worker and E is a treaty investor or trader. There are many types of visas under these categories and there have been changes recently under each type of visa.

Lawful Permanent Resident

Permanent visa applications are ones that allow a person to stay permanently. Generally permanent visa applications can only be applied through a petitioner that is either an employer (or future employer) or family member. The only exception to this rule is the diversity visa which allows nationals of under-represented countries a lottery visa to enter the United States. This lottery visa was given its name based on the random selection of applications.

Enforcement Procedures

Enforcement of immigration laws has been given heightened review ever since the terrorist attacks of September 11, 2001. The government has drastically changed procedures by creating new government departments such as the Department of Homeland Security (DHS). DHS essentially split the former INS (Immigration and Naturalization Service) into the USCIS (United States Citizenship and Immigration Services) and USICE (United States Immigration and Customs Enforcement). Additionally, the agencies already existing in the United States prior to September 11, 2001, have increased their efficiency and manner and means of exchanging information. Just one example of this is the present ability to review criminal records when a person comes into the United States at an entry point. Indeed, these new procedures have allowed the government to throw a much larger and effective net in catching persons who have allegedly violated immigration laws. Our firm has handled a much greater percentage of these cases in the last few years.

Special Laws

Additionally, in the past few years there has been special attention paid to certain groups of people that have special needs to stay in the United States or be protected from deportation/removal due to their victimization. The U.S. Congress introduced special laws that protect victims of crime as well as witnesses. Different laws have different procedures and requirements. They also vary in the ability of the applicant to apply themselves or through a petitioning Government agency. Additionally, the laws vary in the ability of the victim/witness to stay permanently or just temporarily. Although these laws do provide some assistance for people to come forward in the interest of justice, they are no final solution in many cases to the interests they are designed to protect. Nevertheless, the availability of these laws is an important first step.

Asylum, Withholding & Convention Against Torture

Asylum, withholding and convention against torture relief, go to the historic policy of society and international treaties to protect the return of people to a country where they may be harmed. Although asylum and withholding can be aimed at protecting a person from any credible fear of future persecution whether by their government, their people or an individual, convention against torture only goes to government action. The two areas of protection are quite different. Asylum is limited to claims brought within one year of entry to the United States (with certain limited exceptions). Convention against torture relief can be brought at any time. Asylum will not be given to persons who have been convicted of certain crimes, convention against torture can be. Asylum only requires a credible fear of future persecution while convention against torture requires a person to show a preponderance of the evidence. The types of evidence can vary and the strength and merit of the case must be carefully evaluated.

To learn more about immigration law, contact a Dallas immigration lawyer at our firm as quickly as you can.