South Dakota Immigration Lawyer

As many people know, federal laws carefully regulate the ability of foreign nationals to enter and stay in the United States. The steps required to become a permanent resident or qualify for asylum in this country are complex, but a skilled immigration representative might be able to help.

Every aspect of the immigration process should involve the advice of an attorney. Whether you are seeking admittance into the United States through a visa or trying to avoid removal, the assistance of a South Dakota immigration lawyer could be vital to preserving your future and family goals.

Visas and Lawful Immigration

Visas are one of the most important aspects of immigration because they allow foreign nationals to enter and stay in the United States. Federal law recognizes two broad categories of visas: immigrant and nonimmigrant. These categories focus on the amount of time the applicant intends to stay in the country. Within these categories are a large number of specific visa types.

Immigrant Visas

As the name implies, an immigrant visa is ideal for foreign residents who hope to permanently immigrate to the U.S. in the future. Many of these permits ultimately provide a pathway towards citizenship, but simply obtaining an immigrant visa does not guarantee success.

One of the most common forms of immigrant visa is the family visa, which gives permanent residents and American citizens the ability to sponsor loved ones to enter the U.S. There are limited numbers of these visas available for the family members of permanent residents.

Meanwhile, other kinds of immigrant visas benefit religious workers, translators that worked abroad on behalf of the American government, and certain employment-based visas.

Nonimmigrant Visas

Nonimmigrant visas are temporary permits for individuals who do not intend to immigrate into the United States. These visas do not provide a path to citizenship, nor do they allow for permanent residency. There are many different types of nonimmigrant visas meant for:

Students
Athletes
Diplomats
Cultural exchange visitors
Business workers
Medical patients
Journalists
Performing artists

If an immigrant needs help determining which type of visa is best for their goals, background, and circumstances, a South Dakota attorney could offer personalized advice.

How Does Asylum Relate to Immigration?

It is important to remember that visas are not the only way that foreign nationals enter the U.S. The asylum system, a powerful immigration option, offers legal entrance for people who have experienced persecution in their home countries.

When a person seeks asylum, they must do so because of previous persecution or fear of persecution based on specific protected factors, including:

Race
Nationality
Religion
Political opinion
Membership in a social group

Fortunately, a foreign national that qualifies for asylum can also seek admission for other immediate members of their family. This includes a spouse and unmarried children under 21.

One of the major differences between seeking asylum and applying for a visa is that there is no option for applying from another country. While many people remain in their home country when petitioning for a visa, an asylum applicant must request the protection after entering the United States. They can do this at any point within one year of arriving.

Proving eligibility for asylum can be stressful for someone who actively fears returning to their home country, but a dedicated immigration lawyer in South Dakota could implement evidence of past persecution and boost their client’s chances of a positive case outcome.

Contact a South Dakota Immigration Attorney to Get Started