To learn more about the difference in New York immigration laws, ie. the difference between the state and federal law, contact our expert attorneys.
It’s true: Most of the immigration laws that govern permanent residents and aliens living in the use were created and continue to be regulated by the federal government. As it stands, the federal government has complete authority when it comes to granting visas, green cards, and even citizenship. When it comes to matters of licensing, employment, education, and benefits, however, the regulating laws are often issued at the state level. Therefore, if you are currently living in New York or you wish to immigrate here, you are highly encouraged to speak with a New York immigration lawyer at Pozo Goldstein, LLP.
While some states such as Arizona, Oklahoma, and Utah have taken a more liberal approach to the immigration laws that have been issued in these areas, the federal government ultimately has the last say. This is especially true in states like our own where the federal government still weighs in most heavily on all matters related to immigration law and regulation. Almost all New York state immigration laws that are passed will be challenged by the federal government. For this reason, you could benefit greatly from having an attorney at our office on your side and working on your behalf.
Information for Immigrants Living in New York
If you are currently living in the state of New York as a non-resident, immigrant or anything else, then it is imperative that you understand the totality of the state’s laws; these could play a significant role in the ultimate outcome of any legal case or immigration status issue with which you are faced. To ensure that you are as familiar with the state’s laws and the way in which they could affect your case, an attorney from our firm can be contacted for professional assistance.
Employment and E-Verify
As directed by the federal government, businesses in every state of the U.S. are not permitted to employ individuals who have not been legally permitted to work in the country. 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.
Driver’s License & State ID
Non-residents of New York are required to present a valid Social Security card as well as physical proof of their birthdate, name, and identity (this proof can take the form of a U.S. passport, a military ID, a foreign passport that includes UCSCI documentation, or official immigration documents). If proof of these documents cannot be provided, a valid driver’s license and / or state ID will not be issued.
The state of New York utilizes a federal program by the name of “Secure Communities.” Under this program, arrestees are fingerprinted and then run through a federal database where they are matched against the federal government’s own immigration database. Local jails in the state are instructed to detain arrestees who are believed to be in the country without authorization.
In relation to the public benefits offered to residents of New York, the state again defers to the federal regulations that have been established nationwide. Under these regulations, illegal immigrants will be denied the public benefits that are offered to legal immigrants and other residents of the state. In the event that an emergency service is needed, and it has been recognized as necessary for protecting a person’s life and safety, exceptions can be made.
The state of New York does not apply specific regulations in relation to immigration and education checks, nor does it do so for housing ordinances. Additionally, there is no voter identification requirement of immigrants in New York.
Why Pozo Goldstein, LLP?
In New York, no firm can rival the level of dedication, experience, knowledge, and legal skill that can be found at Pozo Goldstein, LLP. Here, we commit ourselves to providing our clients with unyielding professional representation and attention when they need it most. Our services are offered in multiple languages, including English, French, Italian, Portuguese, and Spanish. Under the care of an immigration lawyer at our office, not only will your first in-house consultation be provided to you completely free of charge, but you can benefit from a firm that operates on reasonable fees, and direct attention. Don’t wait to contact us today.