Immigration Law and Role of Immigration Lawyers

Immigration law is the branch of law that deals with the national government policies controlling the immigration and deportation of people, and other related matters such as citizenship. It governs the naturalization process for those who desire to become Indian citizens. Also, when foreign nationals enter without permission, overstay their visit, or otherwise lose their legal status, immigration law controls how the detention and removal proceedings are carried out.

Citizenship law in India

In India, the law relating to citizenship or nationality is mainly governed by the provisions of the Constitution. The Constitution of India provides for single citizenship for the entire country. The provisions relating to citizenship are contained in Articles 5 to 11 in Part II of the Constitution of India. The relevant legislation is Citizenship Act, 1955. The Constitution of India does not allow a person to have a dual citizenship. If a person wants some other country’s citizenship then he has to give up the citizenship of India. Article 9 of Indian Constitution says that a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen. Also, once a person has voluntarily acquired the citizenship of some other country then under the Passport Act, 1967 he/she has to surrender his/her Indian Passport.

Article 5 of the Constitution of India states that at the commencement of this Constitution, every person belonging to the following categories, who has his domicile in the territory of India, shall be a citizen of India:

1. Who was born in the territory of India; or

2. Either of whose parents was born in the territory of India; or

3. Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement.

Termination of Citizenship

1. Renunciation (Section 8 of Citizenship Act, 1955) – When a citizen of India voluntarily renounces his Indian citizenship

2. Termination (Section 9 of Citizenship Act, 1955) – When a citizen of India voluntarily acquires the citizenship of any other country

3. Deprivation (Section 10 of Citizenship Act, 1955) – a citizen of India can be deprived of the citizenship of India by an order of the Central Government under the grounds mentioned in section 10 (2)

Role of Immigration lawyers

Immigration lawyers most commonly represent clients during immigration proceedings and advise them about their rights. They tackle a variety of law issues pertaining to immigrants and their residency status in India. They assist a client who is seeking to file an employment based visa. Whenever a person’s application for citizenship is denied then an immigration lawyer appeals on his behalf. He also takes part in the deportation defense proceedings. Some of the immigration lawyers work for the Central or State Governments helping to create and enforce immigration laws and representing the government in court cases.