Applying for Visa

PRINCIPLES OF U.S. LAW

Law in the United States regulates individual and collective behavior to insure a reasonable balance between personal freedom and the requirements of an orderly society. American law, based on English common law, has evolved over a long period of time from the U.S. Constitution, federal statutes, state constitutions, local ordinances, and court decisions.

The rule of law means we are governed by laws, not people, and that law is supreme. It can be changed only by prescribed legislative procedure. Once a law is established, it must be observed by all including the President, government officials and law enforcement officers. The principle of the rule of law protects individuals from arbitrary actions of government and law enforcement authorities. The U.S. Constitution is the highest law of the land and all other laws must be consistent with it. Statutes, ordinances, regulations, even laws or action of the legislative and executive branches of the government, can be challenged in court where they may be declared invalid or unconstitutional.

Due process of law is guaranteed to everyone, including non-immigrants and immigrants in the United States. Due process means that specified, orderly procedures are to be followed in the enactment, administration and enforcement of laws. Equal protection is guaranteed to each person regardless of status, wealth, or position. The law may not discriminate among persons for arbitrary or capricious reasons. Some laws which apply only to certain groups of persons, such as those governing immigration, citizenship, voting, and similar matters, have been declared non-discriminatory by the courts and put into effect according to the procedures of due process.

In addition to these laws, an international student in the U.S. must observe and respect the same laws as American citizens. You are guaranteed the same protection of the law and the same civil rights as U.S. citizens. Therefore, you can legally be charged with breaking the law as well as take action against those who may illegally wrong you.

If you are arrested by the police, be aware of your rights. You are required only to give your name and address. Cooperate with law enforcement officials, but protect your rights in the process. Discuss your case only with your lawyer. You have the right to know of what charges you are accused; the right to remain silent until questioned in the presence of your attorney (the court will provide an attorney if you do not have one); and the right to a hearing in court the day after your arrest, except for Saturdays and Sundays. You are allowed two telephone calls. Call a friend or an attorney who can arrange bail for your release. Never resist arrest. If the police want to search your home, ask to see the search warrant which is issued by a judge and gives the police the right to search your home.

Laws of Special Interest to Students

Drugs

Being arrested for possession of marijuana or any other controlled substance is very serious for an international student. Conviction may result in deportation proceedings.

Alcohol

In most of the states the legal age for liquor consumption is 21. If you are under 21, you may consume alcohol in a private home, but not in a public place. It is also unlawful to possess open containers of alcoholic beverage in public or transport them in a motor vehicle. The laws against drunken driving are very stringent. You should not drink before you drive.

Bad Checks

A check which overdraws your checking account (without money to cover the amount of the check) is called a bad check." Writing such a check is a criminal offense. You can be arrested for this offense, and a conviction may result in deportation.

Domestic Violence

The Domestic Violence Act recognizes that beating another family member is a crime. Police have the authority to arrest anyone who hits or seriously threatens another family member. A judge can issue an Order of Protection forbidding the violent party from continuing the abuse and temporarily barring him/her from the house. Call police if you need assistance for a family member or friend who is experiencing abuse.

Notary Publics

A notary public is a citizen authorized by the secretary of a State to administer oaths and witness or attest signatures. Instructions for monetary arrangements, personal statements of record, or proof of identity often require the seal and signature of a notary public. A notary public is usually not trained or allowed to give legal advice.