Best Immigration Lawyers Charlotte, NC Of 2024 – Forbes Advisor – Technologist

As one of North Carolina’s largest cities, Charlotte is subject to federal and state immigration laws. These regulations can impact various aspects of immigrants’ daily lives, from obtaining a driver’s license to interacting with law enforcement.

For example, North Carolina’s E-Verify requirement affects your ability to seek employment, while local policies on identification and cooperation with Immigration and Customs Enforcement (ICE) influence your everyday experiences as an immigrant in Charlotte. Below, we explore key components of the immigration system pertaining to Charlotte.

Who Is Covered by Immigration Laws in Charlotte, NC?

While some individuals immigrate temporarily for purposes such as study or travel, others move to make the U.S. their new home. Federal immigration laws apply to noncitizens who want to enter or stay in the country for any purpose.

Here are some groups impacted by immigration laws.

• Noncitizens. This group includes undocumented immigrants, nonimmigrant visa holders, asylum seekers, refugees and lawful permanent residents (green card holders).
• Employers. Both for-profit and nonprofit employers who hire noncitizens must comply with immigration laws.
• Students. International students attending educational institutions such as schools, colleges and universities require student visas (e.g., F, J and M visas).
• Family members. U.S. citizens and lawful permanent residents can petition certain family members to join them in the U.S., including spouses, fiancés and other immediate family members.

While the U.S. is a land of immigrants and welcomes people from all over the world, certain groups are restricted from gaining entry. Reasons for denial of entry to the U.S. can include a diagnosis of a disease that could endanger public health or a likelihood of becoming dependent on government assistance.

Immigrant Rights Under North Carolina Immigration Laws

As an immigrant in Charlotte, you have certain rights under North Carolina immigration laws. Here’s an overview of them:

• Right to due process. You are guaranteed a full and fair legal proceeding if you are involved in a civil or criminal matter or face deportation, even if you’re undocumented.
• Right to a lawyer. If you are facing criminal charges, you have the right to a lawyer—a government-appointed lawyer will be assigned to you if you can’t afford private counsel. In deportation proceedings, which are typically treated as civil cases, you have the right to a lawyer. However, unlike in criminal cases, you do not have the right to a free lawyer and must hire your own legal representation.
• Right to remain silent. If asked about your immigration status, such as where you were born, if you are a U.S. citizen or how you entered the country, you have the right to remain silent. This right does not apply in certain situations, such as at the airport, in international waters or when traveling with certain nonimmigrant visas, like a tourist visa or business traveler visa.
• Right to work. If you have the necessary work permit, you have the right to seek employment in the U.S. While employers (especially those with 15 employees or more) are required to verify your eligibility to work, they can’t discriminate against you based on your race, ethnicity, religion, color, language you speak, gender or sexual orientation.
• Access to education. All children in North Carolina, regardless of their immigration status, have the right to attend K-12 public schools.
• Access to emergency medical care. Everyone in North Carolina can access emergency medical treatment at hospitals, regardless of immigration status.

North Carolina Laws That Impact Immigrants

There are some state-specific laws that all North Carolinians must be aware of—these laws govern different aspects of your life, such as education and employment.

• E-Verify requirement. North Carolina requires all state employers and private businesses with 25 employees or more to use the federal E-Verify system to confirm the work authorization of newly hired employees.
• Driver’s license. In North Carolina, legal permanent residents, conditional permanent residents, refugees, asylees and those in the process of transitioning from visa to permanent resident status are eligible to obtain a driver’s license. DACA recipients are also allowed to obtain a license in North Carolina.
• HB 318. This law prevents government officials from accepting certain forms of identification, like consular IDs, from immigrants and undocumented individuals. It also prohibits local elected officials from enforcing sanctuary policies in their cities that would restrict cooperation with federal immigration enforcement agencies.
• In-state tuition. Undocumented students and DACA recipients do not qualify for in-state tuition or state financial aid when attending university or community colleges.
• Healthcare coverage. Some non-U.S. citizens, such as green card holders, refugees and asylees, can access North Carolina Medicaid if they meet the income threshold. Undocumented immigrants typically can’t access most public benefits but they can use emergency services necessary to protect their lives and safety.

Filing Process for Immigration in Charlotte, NC

A visa is a key document a foreign citizen needs to come to the U.S. Visas come in two categories: immigrant visas, generally meant for permanent residents or green card holders, and nonimmigrant visas, meant for those temporarily traveling to the U.S. for specific purposes like work, tourism or education.

Here’s what a visa application process generally looks like.

• Determine purpose and type. The process begins with determining why you want to visit the U.S. Once you have a clear purpose, choose the right immigrant or nonimmigrant visa that suits your needs.
• Research visa requirements. Look up the requirements for the visa you intend to apply for.
• Gather documents. Collect all necessary documents, including a passport-sized photo, a valid passport, a visa application form, proof of the purpose of travel, financial documents and other civil documents depending on your visa type.
• Complete visa application. Fill out the correct visa application form accurately and submit it with all the required supporting documents.
• Pay fees. The type of visa you apply for will dictate the fee you’ll have to pay.
• Schedule an interview. Attend your visa interview, during which you’ll be asked questions to assess your eligibility to travel.
• Wait for approval. Once your application is processed and approved, you’ll receive your passport with a visa stamp.

If your application is denied, you may be able to resubmit the application or appeal the denial.