Immigration Lawyer Elgin

Immigration Attorney Elgin

There are many reasons you may be looking for an immigration lawyer in Elgin. It could be because Immigration and Customs (ICE) agents have come knocking at your door in effort to have you deported. It could be that your immigration status has expired, and you need to find a solution to your status before facing problems. It may be that you are an employer who seeks to hire a foreign worker and needs to get them a work visa. 

Whatever the situation may be, you can count on an experienced immigration lawyer at Minsky, McCormick & Hallagan to be on your side.

Understanding the U.S. Immigration Process

U.S. immigration law is divided into two broad areas: employment-based immigration and family-based immigration. Immigration in this context means being able to come and live in the United States permanently as a lawful permanent resident. However, there are other forms of immigration, and these generally involve temporary visas to come and visit, do business, or work temporarily before being required to return to their native countries.

Employment-Based Immigration

Employment-based immigration requires an American employer who wishes to hire a foreign worker to first file a petition with the U.S. Citizenship and Immigration Services (USCIS). The petition requests USCIS to approve either a temporary or permanent (Green Card) visa for the employer’s prospective foreign employee. 

The requirements and qualifications for an employment-based Green Card are different from those for a temporary work visa. The Green Card or permanent work visa is generally a more difficult one to get approved. This is because the employer who wants to hire a foreign worker must typically first obtain what is referred to as “labor certification” from the United States Department of Labor (DOL).

Labor certification is verification and confirmation by DOL that there are no workers available to be hired in the position the petitioning employer has available and that the foreign worker will not displace an American worker.

Because of the relative difficulty in obtaining an employment-based green card or visa, you always want legal assistance from the start of this process. 

Family-Based Immigration

U.S. citizens and lawful permanent residents (Green Card holders) are permitted under U.S. immigration law to have qualifying relatives receive their own green cards based on the familial relationship. However, because of the backlog in processing immigration cases, it can take time to obtain these documents, and you want to avoid unnecessary delays. 

The law also allows qualifying relatives of all other visa categories (non-immigrant visa holders) to also be given their own non-immigrant visas. These are usually the spouses and children of the non-immigrant visa holders. These relatives can get their own visas at the same time the principals (their relatives) get their visas, or they can apply for those visas and join their relatives after the relative has come to the U.S.

Speak with an Immigration Lawyer in Elgin

If you are in the Elgin area and are looking for an immigration lawyer, contact Minsky, McCormick & Hallagan today and ask for a consultation. We are ready to assist with your immigration matter.