Understanding U.S. Immigration Laws: A Guide For Immigrant Laws
Introduction Navigating the complex web of U.S. immigration laws can be daunting for noncitizens seeking to visit, work, or live in the United States. This guide provides an overview of essential immigration laws, the agencies responsible for enforcing them, and essential concepts and provisions noncitizens should know. By understanding the basics of the immigration system, noncitizens can more effectively pursue opportunities in the U.S. while remaining in compliance with applicable laws and regulations.
Key Immigration Laws
The Immigration and Nationality Act (INA) is the primary law governing immigration to the United States. Originally passed in 1952, the INA has been amended many times, notably by the Immigration Reform and Control Act of 1986, the Immigration Act of 1990, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. These laws collectively establish the system of legal immigration, set forth inadmissibility and deportability grounds, provide for border control and enforcement, and address issues such as work authorization and employer sanctions.
The Department of Homeland Security (DHS), established in 2002, is the federal agency responsible for administering and enforcing U.S. immigration laws. Within DHS, there are three key sub-agencies:
- U.S. Citizenship and Immigration Services (USCIS) oversees lawful immigration and processes applications for immigration benefits such as green cards, work permits, citizenship, and asylum.
- U.S. Customs and Border Protection (CBP) secures the borders and ports of entry and determines the admissibility of noncitizens seeking entry.
- U.S. Immigration and Customs Enforcement (ICE) enforces immigration laws in the interior, including detention and removal proceedings against noncitizens found to be deportable.
Lawful Status and Admissibility
Noncitizens generally must be admissible and have a lawful immigration status to enter or remain in the U.S. Grounds of inadmissibility legally include health-related issues, criminal activity, national security concerns, the likelihood of becoming a public charge, prior immigration violations, etc. Waivers are available in certain circumstances.
Lawful immigration status authorizes a noncitizen’s presence in the U.S.. It can include nonimmigrant status (e.g., visitors, students, temporary workers) and immigrant status (lawful permanent residence, a.k.a., having a green card). Lawful permanent residents can generally live and work in the U.S. indefinitely, while nonimmigrant statuses are temporary.
Noncitizens without lawful status, such as those who entered unlawfully or overstayed a visa, are at risk of being placed in removal proceedings and deported. Some undocumented noncitizens may be eligible for humanitarian protections, such as asylum for those facing persecution or discretionary relief like cancellation of removal.
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Visas and Work Authorization
Noncitizens seeking to visit or immigrate to the U.S. generally must obtain a visa from a U.S. consulate abroad. Nonimmigrant visas are temporary and tied to a specific purpose, such as tourism, study, or employment. Immigrant visas are for those intending to live permanently in the U.S., typically sponsored by a family member or employer. Visa applicants must demonstrate eligibility and admissibility.
Nonimmigrant visas, such as H-1B specialty occupation visas and L intracompany transfer visas, allow for employment with a specific sponsoring employer. Other noncitizens, such as those with pending or approved green card applications, asylum applicants, or DACA recipients, may be eligible for work authorization. Employers must verify employees’ identity and work authorization using Form I-9.
Removal and Relief
Noncitizens who are undocumented or violate status may be placed in removal proceedings before an Immigration Judge. If found deportable, they can be ordered removed from the U.S. and may face bars on re-entry. Removal defenses include asylum, cancellation of removal for long-time residents, and waivers.
The asylum system protects noncitizens who face persecution in their home country based on their race, religion, nationality, membership in a social group, or political opinion. Asylum seekers can apply affirmatively with USCIS or defensively in removal proceedings. They must show a well-founded fear of persecution and that their government is unable or unwilling to protect them. Asylees can eventually apply for a green card.
Other forms of humanitarian relief include protections under the Convention Against Torture, visas for crime and trafficking victims, and Temporary Protected Status (TPS) for nationals of certain countries facing armed conflict or natural disasters.
Citizenship and Naturalization
Lawful permanent residents may be eligible to apply for U.S. citizenship through naturalization. Generally, they must have held a green card for at least five years (three years if married to a U.S. citizen), meet continuous residence and physical presence requirements, pass English and civics tests, and demonstrate good moral character.
The Child Citizenship
The Immigration Act of 2000 provides for the automatic acquisition of citizenship for certain foreign-born children of U.S. citizens. Individuals born in the United States are typically U.S. citizens at birth under the 14th Amendment’s citizenship clause, regardless of their parent’s immigration status.
Conclusion
U.S. immigration law is notoriously complex, with many agencies, laws, regulations, and policies shaping noncitizens’ rights and obligations. For those seeking to navigate this system, it’s essential to understand key concepts like admissibility, lawful status, removal, citizenship, and forms of relief. By staying informed and getting appropriate legal assistance when needed, noncitizens can work to achieve their immigration goals while complying with U.S. law.
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