Immigration Legislation And Function Of Immigration Attorneys

Immigration Legislation And Function Of Immigration Attorneys

Immigration legislation is the branch of law that offers with the nationwide authorities insurance policies controlling the immigration lawyer Atlanta and deportation of individuals, and other related matters akin to residentship. It governs the naturalization process for individuals who want to turn into Indian citizens. Additionally, when foreign nationals enter without permission, overstay their visit, or otherwise lose their legal status, immigration legislation controls how the detention and removal proceedings are carried out.

Residentship legislation in India

In India, the legislation referring to citizenship or nationality is mainly ruled by the provisions of the Constitution. The Constitution of India offers for single citizenship for your complete country. The provisions referring to citizenship are contained in Articles 5 to eleven in Half II of the Constitution of India. The relevant laws is Citizenship Act, 1955. The Constitution of India doesn't allow an individual to have a twin citizenship. If an individual wants some other country's residentship then he has to surrender the residentship of India. Article 9 of Indian Constitution says that an individual who voluntarily acquires citizenship of every other country is no longer an Indian citizen. Also, as soon as an individual has voluntarily acquired the citizenship of some other country then below the Passport Act, 1967 he/she has to give up his/her Indian Passport.

Article 5 of the Constitution of India states that on the commencement of this Constitution, each particular person belonging to the next categories, who has his domicile in the territory of India, shall be a citizen of India:

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

2. Either of whose mother and father was born in the territory of India; or

3. Who has been ordinarily resident within the territory of India for not less than five years instantly previous such commencement.

Termination of Residentship

1. Renunciation (Section eight of Citizenship Act, 1955) - When a citizen of India voluntarily renounces his Indian residentship

2. Termination (Section 9 of Residentship Act, 1955) - When a citizen of India voluntarily acquires the citizenship of every other country

3. Deprivation (Part 10 of Residentship Act, 1955) - a citizen of India could be disadvantaged of the citizenship of India by an order of the Central Government below the grounds mentioned in section 10 (2)