Millions of people have immigrated to the United States for a number of reasons, including family reunification, employment opportunities, and other economic or political opportunities. For anyone interested in immigrating to the U.S., it is important to know a bit about how the U.S. immigration system works to be better prepared to navigate U.S. immigration policies.
While immigration policies can be complicated, Rocket Lawyer is here to help by providing detailed information regarding current U.S. immigration laws and processes. Our network of qualified immigration lawyers can also provide legal advice to help you with your immigration questions.
Here's what we'll be covering:
Immigration laws in the U.S. are written by Congress and then immigration agencies enforce those laws. The Department of Homeland Security oversees all government immigration agencies, including:
US Citizenship and Immigration Services (USCIS), which is responsible for handling immigration applications for temporary and permanent visas to the U.S. as well as applications for U.S. citizenship.
Immigration and Customs Enforcement (ICE), which enforces U.S. immigration laws inside the United States and arrests people and puts them in deportation proceedings.
Customs and Border Protection (CBP), which enforces U.S. immigration laws at U.S. borders and ports of entry (like airports).
The Immigration and Nationality Act (INA), Title 8 of the U.S. Code, is a listing of the U.S. immigration laws. More rules (known as regulations) are at Title 8 of the Code of Federal Regulations.
U.S. immigration policy can sometimes be changed by executive orders issued by the President of the United States. 675,000 permanent immigrants are allowed to reside in the U.S. annually, with some special case exceptions for approved close family members.
For more information regarding U.S. immigration laws and immigration advice, ask your legal question to a knowledgeable immigration attorney.
The main way that people immigrate permanently to the U.S. is through a family relationship. An “immediate relative“ is given the highest priority of all the family relationships. An immediate relative is the spouse or minor child of a U.S. citizen or the parents of U.S. citizens who are over the age of 21.
Other types of family relationships are subject to quotas and long waiting lists. These categories include minor children and spouses of Lawful Permanent Residents (LPRs), adult children of U.S. citizens, and siblings of U.S. citizens. The total number of family-based immigrant visas issued each year is limited to 480,000.
Immigrants with valuable skills may be able to immigrate to the U.S. under an employment-based category. Employment-based categories require the sponsorship of an employer to apply for permanent resident status. The limit for employment-based permanent resident visas is 140,000.
Individuals who want to come to the U.S. on a temporary basis for a specific purpose may apply for a temporary visa. There are several types of temporary visas available:
Employment-based temporary visas
In all, there are more than 20 different types of temporary employment visas that give immigrants the opportunity to come to the U.S. to work. These visas include:
H-1B visa for a specialty occupation (requiring a bachelor's degree or higher)
H-2B visa for seasonal, lesser skilled work
L-1 visa for the transfer of a high-level executive from a foreign branch to a U.S. branch of the same company
Other types of temporary visas include:
Temporary visas are issued for a certain period of time and visa renewals are often limited. The holder of the visa will have to leave the U.S. when their visa expires or whenever their employment or studies come to an end.
A person who wants to live permanently in the U.S. should apply to become a Lawful Permanent Resident (LPR). An LPR is allowed to live and work in the U.S. permanently. This LPR status is also known as a “green card,“ even though the cards issued to these permanent resident immigrants are no longer green.
The green card application can be filed either inside or outside of the U.S.
Inside of the U.S. the process of applying to become an LPR is known as “adjustment of status.“
Outside of the U.S. the process of applying to become an LPR is known as “consular processing.“
U.S. immigration laws place limits on how many people can permanently immigrate to the U.S. from each country each year. To make sure a mix of immigrants from different countries come to the U.S. each year, the total number of green cards issued to each individual country cannot exceed seven percent of the total allowances issued within the year.
In recent months, the current presidential administration also signed an Executive Immigration Order, placing travel restrictions on people from certain countries from entering the United States. The travel ban has been the subject of lawsuits since March 2017. The most recent version of the travel ban executive order was issued on September 24, 2017. The countries affected by the newest version of the travel ban are Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen.
To learn more about travel restrictions, talk to an attorney on our On Call network.
The first hurdle is to obtain LPR status in the United States. LPR status allows the immigrant to reside lawfully in the U.S. and to travel outside the U.S. for periods of up to six months at a time.
A person with a green card can file for U.S. citizenship after 5 years. There is an exception for spouses of U.S. citizens who can apply for citizenship after only 3 years. To apply to become a legal citizen of the U.S., an LPR must demonstrate good moral character, pass a background check, and be able to pass a U.S. government test.
The federal immigration laws are enforced by immigration agencies both inside the U.S. and at the borders. These agencies will sometimes work with local or state police agencies to enforce federal immigration laws. For example, in some cities, local or state police will arrest immigrants for an offense and then turn them over to federal immigration officials.
If the undocumented immigrant entered the U.S. illegally, there is no way to apply for a green card from inside the U.S. In that case, the individual will need to return to his or her home country and may face penalties, or even deportation.
If the undocumented individual entered the U.S. legally, he or she may be able to apply for a green card inside the U.S. This process is known as “adjustment of status.“ In this case, the person will receive a temporary work permit to allow employment while the application is pending.
Immigrants do not have the same rights to bear arms under the 2nd Amendment, and there are some restrictions on immigrants involving the possession of weapons. Also, the right to appointed counsel does not apply to immigrants. This means that immigrants are not given a lawyer by the government in deportation proceedings. If you or a family member are in deportation proceedings, Rocket Lawyer can help. Contact us to find out how a knowledgeable immigration lawyer in your area can represent you in deportation proceedings.
Many people think that immigration law is simply filling out immigration forms, but the information that is placed on the forms that are filed with the U.S. immigration agencies is important. If the information is not completed correctly or is outright wrong, the application could be denied.
Immigration lawyers do much more than just complete forms. They review their client's eligibility and determine which visas or benefits their clients qualify for. They help clients put together evidence to support their applications. Finally, immigration lawyers can help if something goes wrong.
As U.S. immigration law is complicated, it is important to have an experienced immigration attorney handling the case. The most important time to consult with an immigration attorney is when you are thinking about immigrating to the U.S. even at the planning stage, an immigration lawyer can let you know your possible options and help you to determine the best route to take with the immigration process.
As immigration law in the U.S. is federal, it does not vary by state. This means that, unlike other areas of U.S. law, you can get help from an immigration lawyer in any state in the U.S. For example, even if you are considering living and working in California, an immigration lawyer in New York can help you with the visa process.
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