INTRODUCTION

Immigration is the international movement of individuals to a destination country of which they're not natives or where they do not possess citizenship so as to settle as permanent residents or naturalized citizens. Immigration is defined as the movement of individuals from their home country or region to a different country, of which they are not native, to live. There are specific economic factors that contribute to immigration, including the will to get higher wage rates, improve the quality of living, have better job opportunities, and education. Non-economic factors are also significant and include leaving a home country due to persecution, ethnic cleansing, genocide, war, natural disasters, and political control, for example, dictatorship. Throughout history, with improved transportation and technology, immigration has become increasingly common worldwide. Immigration numbers impact both the home country and the host country. Legal immigration refers to instances where a non-citizen alien is in the country legally under permanent resident status i.e. green cardholder. The permanent resident status could also be granted to certain classes of aliens and is taken into account as the main step towards permanent U.S. citizenship. Most identification holders begin with a more temporary visa, then have their residency status changed after being in the country a few times. Education, employment, or zeal for a better quality of lifestyle are major reasons for immigration.

LAWS

• Articles 5 to 11 in Part-II of the Constitution deals with citizenship and it defines a citizen as a person of Indian domicile or someone with an Indian lineage in the family.
• Article 6 provides for the rights of citizenshipof certain persons who have migrated to India from Pakistan.
• Article 7 lays down provisions for citizenship of certain migrants toPakistan.
• Article 8 provides for the rights of citizenshipof certain persons of Indian origin residing outside India.
• Article 10 deals with the continuance of foreigners as Indian citizens, subject to any laws enacted thereafter by the legislature. The Indian constitution only recognizes single citizenship throughout the country and does not support dual citizenship. It also declares that a foreign citizen can acquire Indian citizenship through the process of Naturalization (ordinarily residing in India for 14 years) and registration of foreigners with theFRRO (Foreigners Regional Registration Officer) or FRO (Foreigners Registration Officer). The Indian law follows jus sanguinis (citizenship by blood) as opposed to jus soli (citizenship bybirth).
• The Passport (Entry in India) Act, 1920– The foreigners entering India are required to get a visa from India Missions. Prescribes specific documents for submission during their valid travel for allowinginto the country.
• The Foreigners Act, 1946 – Regulates the entry and the residence of the foreigners within the Indian borders until they depart from the country.
• The Registration of Foreigners Act, 1939, and The Registration of Foreigners Rules, 1992 –It mandates that certain foreigners who stay past their specified visa period must register with the RegistrationOfficer.
• The Immigration (Carriers' Liability) Act, 2000: Confronts the problem of the arrival of a large number of passengers without any valid travel documents by the carriers in contravention of the Passport Act,1920.

ROLE OF IMMIGRATION CONSULTANT SERVICES

Some of the services offered by certified immigration consultants include: -

• Offering Assessments of their client's chances of being approved for a visa
• Preparing clients for interviews with different types of visa officers.
• Helping prepare clients immigration applications and paperwork
• Assisting clients in all facets of immigration including family sponsorship, appeals, refugees, etc.
• Provide you with referrals so you know they are working for you and will give you the best chance of success.

POWERS OF IMMIGRATION CONSULTANT

• Power to enter and search premises for persons.
• Enforcement power
• Seizure of cash
• Power to search for and seize evidence
• Complete the due procedure in a reasonable manner
• Entry may be made at a reasonable time and the premises are open for business

IMMIGRATION CONSULTANT RESPONSIBILITIES

• Keeping up-to-date with alterations to immigration laws.
• Meeting with prospective and extant clients to gauge which services they require.
• Providing clients with all pertinent documentation.
• Assisting clients with the completion of paperwork and supporting documents.
• Helping clients to find appropriate shipping solutions.
• Preparing and providing invoices for the client's services

LIMITATION OF IMMIGRATION CONSULTANT

It is unlawful for an immigration consultant to do any of the following: -

• Make any false or misleading statements to a client.
• Make any guarantee or promises to a client unless the statement in writing and is based on factual information.
• Make any statement conveying that the consultant can obtain special favors or has some special influence.

LEGAL REMEDIES IN CASE OF FRAUD W.R.T. IMMIGRATION LAW

Legal remedies for immigration fraud as per section 24 of the Emigration Act, 1983:-

• An agent working without valid certificate: - if a person working as an agent without a valid certificate then he/she is liable for punishment for them up to 2 years and a fine which may extend to ₹2000/-
• A person acting as an employer: - as per section 16(a) of the Act, no one can hire any person directly from India. If he/she does, then they have to go through proper channel failure to which the person hiring will be liable for imprisonment which may extend to 2 years and a fine which may extend to ₹2000/-
• Charges excess than the prescribed legal limit: - a person will be liable for imprisonment which may extend to 2 years and a fine which may extend to ₹2000/-
• Document forged or suppresses information: - will be liable for imprisonment which may extend to 2 years and a fine which may extend to ₹2000/-
• Document forged or suppresses information: - will be liable for imprisonment which may extend to 2 years and a fine which may extend to ₹2000/-
• Human smuggling/trafficking: - punishment for the term of three years which may extend to seven years and a fine up to ₹5 lacs.