Why might you need the services of a San Jose naturalization attorney? Nationality law refers to the legal aspects of a particular nation, including what can cause an individual to both gain or lose citizenship in that particular country. Attorneys specializing in nationality law routinely help clients:
- acquire permission for temporary long-term stays
- gain permission to live in a country as a permanent non-citizen.
- Help clients achieve citizenship in new countries
Sometimes a San Jose naturalization attorney is referred to as an “immigration lawyer”. But they do a good deal more than deal with immigration issues, including protecting rights and dealing with discrimination claims. Read on to learn more about the various ways in which a San Jose naturalization attorney may be able to assist you.
Immigration Through Legal Channels
Immigration is defined as “coming to live permanently in a foreign country”. In the United States, there are two ways to do so legally. For individuals wishing to work and reside in the country permanently without establishing citizenship, there is the special visa issued by the Diversity Immigrant (DV) Program, informally known as a “green card”. Applicants for such a document are chosen by lottery. They must provide documentation and are subject to screening. Immigrants wanting permanent U.S. citizenship must complete a series of classes followed by an examination with both written and oral parts. Green card holders must routinely renew this document and are subject to certain restrictions and conditions. If they fail to meet them or miss renewal deadlines, they can be expelled from the country. Once a foreign born individual becomes an American citizen, they have all of the rights of native-born ones, and can’t be deported.
Immigration Through Illegal Channels
An illegal immigrant (also referred to as an undocumented immigrant) is one who enters or remains in a country outside of accepted legal means of immigration. This may be accomplished by overstaying a temporary visa, failing to renew a green card or other documentation, or by entering the country through unapproved and unmonitored border crossings. If caught by authorities, these immigrants can be charged with various offenses, though in the absence of serious criminal action or intent, deportation to the country of origin is the usual outcome.
How Our San Jose Naturalization Attorney Can Help With All Immigration Issues
It is not legally required to have legal representation in applying for either green cards or U.S. citizenship. But given how long and complicated these processes are, it’s easy for laypeople to fill documents out incorrectly or not completely, or be unaware of issues (past crimes, living for long periods outside of the United States) that can cause applications to be rejected. Working with attorneys will assure that documents are completed and filed in a timely manner. These attorneys will also track pending applications to make sure that they are not misrouted. Our San Jose naturalization attorney can also examine clients’ histories for problems that could get applications deleted, and argue for waivers for clients under certain circumstances. They can also represent clients in court in cases where green cards are rescinded or renewals are denied.
Many individuals arrested for illegal immigration are unaware that they retain rights, including the right to legal counsel. Such counsel can:
- make sure that rights are protected and that clients receives fair hearings
- file paperwork and represent clients in court
- find options for clients to legally stay in the country, such as asylum, or temporary protected status
It is illegal in the United States to deny or discriminate in terms of work, schooling, or housing based on an individual’s nationality. If someone thinks that they have been a victim of such practices, then a nationality lawyer should be contacted as well.
Recent political events in the U.S. have made many immigrants concerned about their status and rights. By contacting a San Jose naturalization attorney at the Law Office of Sweta Khandelwal, they can be assured of both legal protection and peace of mind for themselves and their families.