Best Immigration Lawyers Indianapolis, IN Of 2024 – Forbes Advisor – Technologist

Indiana has stricter immigration policies than states like New York and California. In the following sections, we will explore various aspects of Indiana’s immigration system, including its laws and regulations, the rights of immigrants and how an immigration attorney can assist in resolving your immigration-related issues.

Who Is Covered by Immigration Laws in Indianapolis, IN?

The Immigration and Nationality Act (INA) dictates who may enter, stay or be removed from the country. It covers family and employment-based immigration, asylum and refugee status and temporary visas for students, workers and tourists. The INA also outlines grounds for inadmissibility and deportation and processes for obtaining citizenship. The immigration policies apply to:

• Green card holders. Lawful permanent residents (LPRs) are authorized to live and work in the U.S. permanently. They can eventually apply for U.S. citizenship after five years.
• Nonimmigrant visa holders. These include foreign nationals present in the U.S. temporarily for specific purposes such as education, work or tourism. This category includes students, tourists, religious workers, temporary workers, investors and entrepreneurs.
• Asylum seekers and refugees. Individuals fleeing persecution or fear of persecution based on race, religion, nationality or political stance may seek to enter the U.S. Asylum seekers apply for protection from within the U.S., while refugees are granted protection before entering the U.S.
• Undocumented immigrants. Individuals residing in the U.S. without proper legal authorization are considered undocumented. These include those who entered without proper paperwork or stayed behind after their visa expired.

Certain categories of people are barred from immigrating to the U.S., including:

• Individuals convicted of certain crimes
• Those with specific health issues
• Those with intentions of committing espionage or terrorism
• Individuals likely to become reliant on welfare or public assistance

Immigrant Rights Under Indiana Immigration Laws

All immigrants in Indiana have certain rights under the U.S. Constitution. Here’s an overview of the main ones:

• Right to remain silent. All individuals in the United States have the right to remain silent when they are being questioned or arrested by law enforcement. If you choose to tell the officers anything, it can be used against you in court.
• Right to due process of law. If you face criminal charges or deportation as an immigrant, you’re entitled to a fair and impartial legal proceeding.
• Right to legal counsel. All immigrants are guaranteed the right to legal representation in criminal proceedings. If they can’t afford one, they have the right to a public defender. Since deportation generally falls under civil proceedings, the right to counsel might not extend in this case.
• Right against unreasonable search and seizures. The Fourth Amendment protects all immigrants against unreasonable searches and seizures conducted by the government. Law enforcement cannot enter your home or go through your belongings without probable cause or a warrant. This also applies to undocumented immigrants, except in the border search exception. The government can conduct some searches without a warrant within a 100-mile radius of any U.S. border.
• Right to employment without discrimination. All immigrants are entitled to work and seek employment without being discriminated against based on their national origin, race, color, religion, disability, gender or veteran status.
• Right to fair housing. Immigrants in Indiana cannot be discriminated against based on race, religion, color, gender, familial status or national origin when renting or purchasing property. Landlords are also prohibited from treating you differently due to your immigration status.

Indiana Laws That Impact Immigrants

Indiana has enacted a few laws regarding immigrants residing within its state lines. These laws can impact you and your family’s education, employment opportunities, driving privileges and other core aspects.

• E-Verify requirement. Indiana mandates the use of E-Verify for state and local government employers and government contractors. E-Verify is an online system administered by the U.S. Department of Homeland Security and the Social Security Administration. It allows employers to verify the employment eligibility of newly hired employees. This system helps employers ensure they are hiring legally authorized workers to avoid penalties associated with hiring undocumented workers.
• Driver’s license restrictions. In Indiana, driver’s licenses are only available to U.S. citizens, lawful permanent residents, and those with temporary status. Undocumented immigrants, except those granted humanitarian parole (such as Ukrainian nationals), are not eligible to apply for a driver’s license in Indiana.
• House Enrolled Act (HEA) 1402. Enacted in 2011, HEA 1402 prohibits undocumented immigrants from accessing in-state tuition, state financial aid, driver’s licenses or state identification cards. However, some public colleges and universities in Indiana may allow DACA recipients to access in-state tuition.
• Senate Enrolled Act (SEA) 207. Passed in 2013, SEA 207 relaxes some restrictions of HEA 1402 by allowing undocumented students who were enrolled in state colleges before July 1, 2011, to continue paying in-state tuition rates. Students enrolled after this date are considered out-of-state for tuition purposes.
• Senate Enrolled Act (SEA) 590. Enacted in 2011, SEA 590 bars local government and law enforcement from creating sanctuary policies to protect undocumented immigrants from being reported to federal authorities. It also prohibits using identification cards issued by foreign governments as valid forms of identification.
• Medicaid eligibility. Medicaid coverage in Indiana is available only to U.S. citizens, lawful permanent residents or those with qualified immigration status, such as asylees, refugees or Cuban/Haitian entrants. Generally, undocumented immigrants are not eligible for Medicaid.

Filing Process for Immigration in Indianapolis, IN

The U.S. offers many types of immigrant and nonimmigrant visas. The process of applying for one will vary based on factors such as your purpose for coming to the U.S. and who is immigrating.

Here’s the general process for immigration in Indianapolis:

• Determine your eligibility. There are two main visa categories in the U.S. The first is nonimmigrant visas, designed for individuals who want to come to the U.S. temporarily for a specific purpose, such as employment, studying or tourism. The second category is immigrant visas, designed for individuals who want to live in the U.S. permanently. There are several different types of visas available within each category. You’ll have to identify which visa is appropriate based on the purpose of coming to the U.S. and review the eligibility requirements for that specific visa type.
• File the petition. If you are applying for a family-based visa, you’ll need a relative who is a U.S. citizen or a green card holder to file Form I-130—Petition for Alien Relative—with USCIS. If you apply for an employment-based visa, your employer must file Form I-140—Immigrant Petition for Alien Worker—or the appropriate nonimmigrant visa petition (e.g., H-1B, L-1). If you want to come to the U.S. temporarily, you’ll likely need a non-petition-based visa, in which case you can file Form DS-160.
• Wait for USCIS approval. USCIS will review the petition. If everything looks good, they’ll approve the petition and send it to the National Visa Center (NVC) for further processing.
• Pay fees. You’ll have to pay the required visa application fees. The exact fee varies based on the type of visa. Some visa types, like diplomatic visas, J-visas sponsored by the U.S. government or those related to traveling for charitable purposes, do not carry a fee.
• Complete Form DS-260. Immigrant visa applicants must complete Form DS-260, Immigrant Visa Application online through the Consular Electronic Application Center (CEAC).
• Submit supporting documents. Scan and upload supporting documents such as birth certificates, marriage certificates, police certificates and financial documents to the CEAC portal. Ensure the documents are in English; if not, submit a certified English translation.
• Attend the visa interview. Once your documents and application are processed, NVC will schedule your interview at your home country’s U.S. embassy or consulate. You must bring all required documents to the interview.
• Medical examination and digital fingerprint. Before your interview, you must complete a physical exam by a USCIS-approved doctor. Your digital fingerprints will also be taken on the day of your interview.
• Wait for visa approval. If your visa is approved, you will receive your visa and a sealed packet of documents to present to U.S. Customs and Border Protection (CBP) upon entry to the U.S. If your visa application is denied, you’ll be notified about the reason for denial.

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