Immigration

The U.S. Citizenship and Immigration Services has federal oversight over immigration and issues accompanying immigration. The Immigration and Naturalization Act ("INA") aims to unify the numerous rules and regulations relating to immigration. The United States has a perennial immigration problem, and, following the Sept. 11, 2001 terrorist attacks, the federal government grew stricter on implementation of immigration laws.

Immigration law in the United States is complex, and, as mentioned above, strictly implemented. Currently, the INA limits the annual worldwide permanent immigrants to 675,000. Certain exceptions apply to close family members, including spouse, minor children, parents, and siblings. The limit does not apply to the number of refugees admitted each, the decision of which is left to the U.S. President's discretion. The main principle used in the admission of immigrants in the United States is reunification of families. Highly-skilled workers or specialists are also admitted as American immigrants. Moreover, the United States also admits as refugees and individuals from countries who have not sent immigrants in the past five years under the principle of promoting diversity.

Canada has one of the most extensive immigration program in the world by offering a number of options, including skilled worker, investor, trade worker, family sponsorship and Canadian experience. In Canada, immigration law is embodied under the Immigration and Refugee Protection Act. The federal, provincial and territorial governments of Canada share jurisdiction over immigration issues.

Immigration in Australia is governed by the Migration Act and the Migration Regulations. Like the United States and Canada, Australia offers variety of visas for skilled workers. Australia also offers visas to refugees and asylum seekers although most of these visas have time expiration and grants limited rights to applicants.

Applying for immigrant status in the United States, Canada and Australia is a complicated, tedious, lengthy, and expensive process. It is filled with paperwork and the applicant must comply with numerous requirements before an application is granted. In the United States alone, application for immigrant status under the principle of family reunification must meet age and financial status requirements. Add to that the fact that the number of family preference visas, one of the two visas granted under the principle of family reunification, varies each year depending on the number of visas issued the prior year. Moreover, Congress also set a per-country ceiling under which permanent immigrants from one country cannot exceed 7% of the total amount of applicants for the same year. This means that a visa application can be automatically denied when that application is already past the limit set by Congress for the year.

One of the foremost issues accompanying immigration law is deportation. In order to avoid deportation, one must apply for immigrant status legally by filling out the proper forms, complying with the requirements, and paying the required fees. Deportation can lead to loss of employment, embarrassment, imprisonment, or bankruptcy. It is thus imperative to contact an expert immigration law attorney to apprise you of current immigration laws and procedures so that the money used for application would be well-spent.

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Children Rights Law - Legal Information and Resources

Children Rights

Children are considered vulnerable until they reach the age of maturity, which is 18 years old in most states. Children, as a result of circumstances not of their own making, may be left impoverished and homeless, and deprived of opportunities open for them by the government. It is in this regard that federal and state government enacted legislation codifying children's rights. Children do not have full rights compared to adults. Nevertheless, children, under the law, have inherent legal rights and are also granted additional rights. Children's rights law is embodied, in the national scene, by the U.S. Constitution under the Fourteenth Amendment, and in the international scene, by the Convention on the Rights of the Child.

Children's rights law aims to safeguard children, their welfare and their rights as individuals. These federal and state laws addresses the children's social welfare; health, education and special needs. Although parents have the fundamental right of caring for their children, when the state evaluates that the child is not safe with his parents, the state can remove the child from his home and ensure the child is given rightful care. Children's rights law also aims to stop abuses that children may suffer, including child trafficking, child labor, child prostitution and child pornography. In addition, children's rights law also addresses how the juvenile justice system deals with minors. Social problems relating to children are constantly shifting and children's rights law aim to address these problems. In recent years, cases of cyber-bullying and child pornography in the Internet have increased.

Children's rights law varies from state to state. The Fair Labor Standards Act provide that only adults who are aged 18 and above may be employed, with some exceptions. Children below the age of 18 may gain rightful employment, subject to certain conditions that are meant to protect them from abusive employment practices. Employment limitations include limitations on the number of hours children are allowed to work based on the premise that children are supposed to be in school at specific times of the day. The FLSA, however, was enacted at a time when family farms were still prevent and the statute has not been amended to address the change in employment landscape. Many have pushed for the amendment to the FLSA because its codes relating to farm work for children are fairly lax and are seen as hindrances to their development.

When faced with charges of violations of children's rights law, it is imperative to seek the aid of an attorney as federal and state governments are zealous in the enforcement of the law. In addition, non-governmental groups are also active in pursuing violations of children's rights law. A violation of the children's rights has accompanying penalties that vary from state to state, and the prosecution of such violations also depend on the procedures laid out by the state. A violation of these laws may be minor or major, depending on the state. It is thus crucial for those facing charges to employ attorneys who are experts in the area of children's rights law.

Areas of Law