It’s true: Most of the immigration laws that govern permanent residents and aliens living in use were created and continue to be regulated by the federal government. As it stands, the federal government has complete authority when it comes to granting visas, green cards, and even citizenship. When it comes to matters of licensing, employment, education, and benefits, however, states often issue the regulating laws. Therefore, if you are currently living in New York or you wish to immigrate here, you are highly encouraged to speak with a New York immigration lawyer at Pozo Goldstein, LLP about New York immigration laws.
While some states such as Arizona, Oklahoma, and Utah have taken a more liberal approach to the immigration laws that have been issued in these areas, the federal government ultimately has the last say. This is especially true in states like our own where the federal government still weighs in most heavily on all matters related to immigration law and regulation. The Federal government will likely challenge almost all of the existing New York immigration laws. For this reason, you could benefit greatly from having an attorney at our office on your side and working on your behalf.
New York Immigration Laws: The Basics
Federal laws prohibit undocumented immigrants in New York from receiving most public benefits. However, there are some emergency services immigrants are eligible for. These emergency services include health care and other programs that the government deems “necessary to protect life and safety.”
New York Immigration Laws: The Process
- To come to the U.S. legally, a person must first have a valid visa. Whether the visa is for school, political asylum, or work, it doesn’t matter.
- The next step in the process is to live in the United States for the required amount of time. Depending on the type of visa you hold the requirements for permanent residency are different. For example, a refugee can apply for permanent residency after one year, while other visa holders have to live in the U.S. for five years to be eligible for a green card.
- Once you meet the requirements, you must fill out the correct forms. There are different forms for each immigration situation. Also, applicants must be upstanding citizens, meaning they can’t have any criminal charges pending or any convictions. Lastly, the government will require you to learn about the history of The United States.
- The next step in the process is to wait. Legal immigration can take up to two years to complete. There will be interviews and thorough background searches.
- Once your application receives approval, there will be a ceremony where you must swear an oath to the United States.
Convictions for a serious crime such as theft, rape, or murder your immigration status can be revoked. If you have any questions about New York immigration laws contact Pozo Goldstein today.
Information for Immigrants Living in New York
If you are currently living in the state of New York as a non-resident, immigrant or anything else, then it is imperative that you understand the totality of the state’s laws; these could play a significant role in the outcome of any legal case or immigration status issue with which you are faced. To ensure that you are as familiar with the state’s laws and the way in which they could affect your case, contact an attorney from our firm for professional assistance.
Employment and E-Verify
Under direction the federal government, businesses in every state of the U.S. may not employ individuals who do not have permission to work in the U.S. This is just as true in New York as it is anywhere else. Where New York differs, however, is in the fact that it does not utilize the E-Verify system (an internet-based system that allows businesses to easily determine if their employees are eligible to work in the U.S.). Instead of requiring potential employees to pass the E-Verify eligibility requirements, New York business operations operate under the federal employment eligibility verification rules for Form I-9.
Driver’s License & State ID
Non-residents of New York are required to present a valid Social Security card as well as physical proof of their birth date, name, and identity (this proof can take the form of a U.S. passport, a military ID, a foreign passport that includes USCIS documentation, or official immigration documents). If you can not provide proof of your residency, you will not receive a driver’s license.
The state of New York uses a federal program by the name of “Secure Communities.” Under this program, officials fingerprint individuals and then run them through a federal database to find a match with the federal government’s immigration database. Local jails in the state have instructions to detain arrestees who they believe to be in the country without authorization.
About the public benefits New York offers to residents, the state again defers to the federal regulations. Under these regulations, the government will deny illegal immigrants public benefits. If an illegal immigrant needs emergency service, and it is necessary for protecting a person’s life and safety, exceptions can be made.
The state of New York does not apply specific regulations about immigration and education checks. New York also does it do so for housing ordinances. Additionally, there is no voter identification requirement of immigrants in New York.
Why Pozo Goldstein, LLP?
In New York, no firm can rival the level of dedication, experience, knowledge, and legal skill that can be found at Pozo Goldstein, LLP. Here, we commit ourselves to providing our clients with unyielding professional representation and attention when they need it most. We provide services in multiple languages, including English, French, Italian, Portuguese, and Spanish. Under the care of an immigration lawyer at our office, your first in-house consultation is completely free of charge. Also, you can benefit from a firm that operates on reasonable fees, and direct attention. Don’t wait, contact us today.