Understanding Immigration Law According To NY State Law

New York State is committed to fostering a welcoming atmosphere for immigrant families moving to Rockland County.

New York State has policies to ensure that all New Yorkers regardless of immigration status can access the services they need. It is important you seek the services of an immigration lawyer to know your status any giving time especially if you are a new comer. However, state employees will not ask you about your immigration status unless it is required by law or is necessary to determine your eligibility for services and/or benefits. City employees will not share your immigration status or other confidential information with anyone, except in limited circumstances when required by law.

The New York for All Act helps immigrant New Yorkers lead freer lives and take care of family, preserves state and local resources for our communities, and ensures New York dollars cannot be diverted to carry out a cruel, politicized immigration agenda.

New York also has the New York Immigration Act.  The New York for All Act broadly prohibits state and local officers from enforcing federal immigration laws, funneling people into ICE custody, and sharing sensitive information with federal immigration authorities.

In addition to this, the Dignity Act of 2023 is a comprehensive, bipartisan bill that addresses border security, border infrastructure, grants legal status to undocumented immigrants already living in the United States with the possibility of earning citizenship, establishes new pathways for asylum seekers, and creates new legal pathways for economic migrants and unaccompanied minors.

New York’s Green Light Law allows immigrants without documentation to apply for a driver’s license. The broader list of acceptable identification made it possible for immigrants without the usual documentation to get a driver’s license. The New York State Department of Motor Vehicles has a detailed list of acceptable documents.

Under federal law, immigrants without documentation can’t get most public benefits. But they can use emergency services, health care, and other programs “necessary to protect life and safety.”

The process of immigration law in New York is the following:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Once your application receives approval, there will be a ceremony where you must swear an oath to the United States.

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.

Contributed By A Local Rockland County Immigration Lawyer: Slatus & Slatus Immigration Law Firm 169 Rte 9W, Haverstraw, NY 10927 https://immigrationlawyerny.org/

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