Ware Immigration Blog

Most people already know that there are federal laws governing the immigration process in the United States. However, states also enforce their own laws on a variety of matters, including requirements for employment, driver's licenses and more. For certain matters, immigrants should be sure to adhere to Louisiana state law. However, when state law may seem at odds with federal immigration law, federal law typically controls.

An example of state law is that all public and private employers in Louisiana have to use E-verify with new hires. This process confirms that an individual is eligible for employment in the U.S. and may prevent undocumented immigrants from finding employment. The state also regulates the information that people must provide when applying for IDs or driver's licenses. Immigrants must be able to establish their identities and birth dates, which can be accomplished through a number of documents.

An immigrant visa number is necessary for becoming a permanent resident. Since the United States limits the availability of immigrant visa numbers both by year, and by country, those hoping to live in Louisiana and achieve permanent residency may feel frustrated with the process if they do not receive a number soon after applying. There is also a preference system for these numbers, so it is a good idea for a person to understand which preference he or she falls into.

Immigrant visa numbers are not something that people directly apply for. Instead, a relative or employer will first send a visa petition to the U.S. Citizenship and Immigration Services on another person's behalf. Once approved, the petition is sent to the Department of State's National Visa Center. The visa petition then stays at the Center, and the individual will be contacted once an immigration visa number is available. 

From applying for visas to appealing orders of removal, submitting any type of document or application can be extremely time-consuming and stressful. U.S. immigration law is an understandably confusing matter to deal with, and it can be easy to make mistakes. It can be tempting to try out methods that seem too good to be true, but this usually causes more problems than anything else and could even constitute fraud. Here are a couple things that immigrants living in Louisiana should do their best to avoid.

Businesses that offer exclusive filing services guaranteeing success should generally be avoided. There is no way to guarantee that a certain method of filing will guarantee a person a visa, green card, employment authorization document or more. Immigrants are also often told that their applications or petitions will be processed faster. Not only are those types of claims not possible, but these businesses usually charge extremely high fees.

It is possible for some undocumented immigrants who have been living in Louisiana to become legal residents. This is sometimes accomplished by voluntarily leaving the United States and then serving a reentry ban for a period of 10 years. Not everyone can safely or realistically leave the country for 10 years, though. An extreme hardship waiver can possibly help immigrants in this situation.

The extreme hardship waiver -- also known as a 601 waiver -- can help a person delay a deportation order while adjusting his or her immigration status. This waiver does not guarantee that a person will be able to gain permanent legal residence, though. There are also a number of reasons for which a person may not qualify for the 601 waiver, such as living undocumented in the United States for a period of longer than a year.