What is Immigration Law?
Immigration law refers to the rules established by the federal government for determining who is allowed to enter the country, and for how long. It also governs the naturalization process for those who desire to become U.S. citizens. Finally, 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.
The U.S. Constitution grants Congress the exclusive right to legislate in the area of immigration. Most of the relevant laws, including the Immigration and Nationality Act (INA), are found in Title 8 of the United States Code. State governments are prohibited from enacting immigration laws. Despite this, a handful of states recently passed laws requiring local police to investigate the immigration status of suspected illegal aliens, creating some controversy.
Three federal agencies are charged with administering and enforcing immigration laws. Immigration and Customs Enforcement (ICE) investigates those who break the law, and prosecutes offenders. U.S. Citizenship and Immigration Services (USCIS) handles applications for legal immigration. Customs and Border Protection (CBP) is responsible for keeping the borders secure. All three agencies are part of the Department of Homeland Security.
Generally speaking, people from foreign countries obtain permission to come to the United States through a visa approval process. Visas are available for two purposes. Immigrant visas are for those who want to stay in this country and become employed here. These visas are limited by country-specific quotas. Non-immigrant visas are for tourists, students, and business people who are here temporarily.
Citizens of certain developed countries deemed politically and economically stable by the U.S. government are allowed to visit for up to 90 days without obtaining a visa. Known as the visa waiver program, this expedited system is primarily used by people coming here on vacation. It does not allow foreign citizens to work, go to school, or apply for permanent status. The visa waiver program is currently available to citizens of 37 countries.
Permanent Residency and Citizenship
Immigrating to the United States requires individuals to submit a number of detailed applications to the federal government. Further complicating matters, immigration regulations change often, making it difficult for anyone without formal training to stay current on the law. Even among attorneys, immigration is considered a specialized practice area not suited for general practitioners. Self-representation is not recommended.
With the help of an experienced attorney, those who qualify can successfully obtain permanent residency (a green card), and eventual citizenship. While the law provides a path to citizenship for workers and investors, the most common grounds for granting legal status is family-based immigration. This process begins when a permanent resident or U.S. citizen files a petition on behalf of a family member in a foreign country.
U.S. citizens can sponsor family members who qualify as “immediate relatives.” These include spouses, parents of a citizen 21 years or older, unmarried children under age 21, and children adopted before turning 16. The government does not limit the number of immediate relative visas approved each year. This means there is no waiting period, other than the time required to process the visa petition.
By contrast, petitions filed by citizens or permanent residents on behalf of more distant relatives are subject to annual quotas. The amount of time these family members must wait to come to the United States will depend on their preference category. Unmarried children age 21 or older are given the most preference. Brothers and sisters of adult citizens are given the least. For those in the lower preference categories, it can take years to obtain a visa.
Immigration is a diverse area of the law, and attorneys tend to specialize in particular types of cases. For example, an immigration attorney may limit his or her practice to employment-based petitions, foreign adoptions, or deportation defense. Immigrants and their families should take it upon themselves to gain a preliminary understanding of the nature of their case, before going about the important task of finding an attorney.
Know Your Rights!
- Important Factors Affecting Immigration
U.S. immigration law is very complex, and can be very confusing. In order to understand the process, you need to understand the factors related to the law and policies of immigration.
- Understanding American Extradition Laws
Extradition refers to the transfer of an accused criminal by one state or nation to another.
Articles on HG.org Related to Immigration Law
- USCIS Policy Memorandum on Child Status Protection Act (CSPA) Creates an Exception for Late FilingUSCIS policy memorandum was published, and it broadened the definition for how a CSPA beneficiary could have “sought to acquire” immigration status. This could benefit certain adult children who were at one time available for protection under CSPA, but may have not timely filed for the benefit and outright disqualified from benefiting from the Act.
- If I Am Not a Citizen, Can I Be Deported if I Am Convicted of a Crime?Individuals who do not have citizenship status do not have as many rights as citizens and must constantly worry about whatever immigration status they have being stripped away from them. Being convicted of a crime may very well mean that an individual can be deported from the United States. Being aware of these consequences from the beginning of the case can help individuals make more informed choices.
- Employment-Based Visas ProcessMost of the foreigners trying to work in the United States. H1B visa is a non immigrant visa, but five immigrant visas allow foreigners to work in the United States and also get many immigration benefits through these EB visas. 1,40,000 visas allocated for every fiscal year. Highly skilled professionals, research professionals, professors and who has extraordinary abilities they can get higher priority
- Implementation of Parole-in-Place Benefits Parents, Spouses, & Children of Military MembersAny immediate family of active or veteran military member (or reservist) could benefit from Parole-in-Place and become eligible to acquire a green card.
- How Long Can You Stay in the US? Visa Validity vs. Duration of StayOften times in the U.S. immigration process, individuals who are approved for a visa and receive a visa stamp in their passport believe that is the end of the process and they are now free to enter the U.S. and remain in the country for the period of time indicated on the visa stamp. In reality, there is more to be understood about the purpose of the visa and its validity as well as the restrictions that may be imposed on an individual upon arrival in the U.S.
- Business Travel to the U.S. Without a VisaLarge multinational companies, small businesses and start-ups alike may be able to derive benefits from the time efficient process of availing eligible individuals to engage in business travel to the U.S. under the Visa Waiver Program.
- Life Cycle of a Family-based Immigrant Petition at the USCISStep by step processing of an I-130 petition at the United States Citizenship & Immigration Services (USCIS)
- Why Hire an Immigration Attorney in CaliforniaThose individuals, who want to move permanently to any state, require immigrant visas. The process is long and complicated, and if you are interested in getting immigrant visa to live legally in CA, the United States, you definitely need to hire immigration attorney in California.
- Tips to Select the Best Immigration Lawyer in CaliforniaKeep in mind that it’s not that easy to choose a skilled professional among the great variety of the immigration lawyers in California. If you want to change your residency status in the United States, you should approach the matted correctly and consider the great amount of the paperwork you’ll have to deal with. The right lawyer will ensure that your case can be managed timely and without any inconvenience.
- Same Sex Marriage Green CardSame sex marriage green card applications can now be filed by USA citizens and USA lawful permanent residents for their same sex spouses. The United States Citizenship and Immigration Services (“USCIS”) considers whether you got legally marriage in a same sex marriage state or country where you got married, not where you now live.
- All Immigration Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Immigration including: extradition, green cards, naturalization and citizenship, visas, work permits and visas.
Immigration Law - US
- 1990 Immigration and Nationality Act
This legislation introduced the Diversity Visa Lottery Program. A short summary of the law and related links are available on this web page.
- ABA - Commission on Immigration
The Commission on Immigration is dedicated to helping immigrants receive fair treatment in the justice system, regardless of their legal status. This page provides related news and information.
- Immigration and Naturalization Law - Overview
The Legal Information Institute at Cornell University presents this discussion of immigration law. The article describes the evolution of the law from colonial times through the post-9/11 era.
- National Immigration Law Center
This website contains information and advice for low-income immigrants and their families. Visit the site’s multimedia page for audio clips and videos about immigration.
- The Immigration and Nationality Act (INA)
Passed in 1952, the INA continues to represent the foundation for immigration law in the United States. This online version of the Act is published by the Department of Labor.
- The White House - Immigration Policy
Immigration reform legislation is currently being debated in the Congress. This website describes the Administration’s views on the reform bill and other immigration matters.
- United States Immigration - Wikipedia
This comprehensive article discusses issues ranging from the environmental impacts of immigration, to immigration references in contemporary pop culture.
- US Citizenship and Immigration Services (USCIS)
USCIS is the federal agency in charge of processing applications for legal status. Their website provides a great deal of useful content for anyone looking to file an application for immigration benefits.
- US Department of Labor - Immigration Regulations
Immigration and employment law often intersect. This page contains links to opinions issued by administrative law judges in labor cases that raise immigration issues.
- US Immigration Forms
USCIS provides immigration forms to the public free of charge. Forms can be ordered by mail, phone, or downloaded in PDF format from this web page. Filing fee information is also provided.