Immigration Law

The United States prides itself on being a nation built by expats who contribute to economic growth by paying taxes, working, and innovating to solve global challenges. It is immigration law that facilitates this importation of skills and knowledge.

An illustrative example can be found in a study by the National Bureau of Economic Research, which showed that noncitizens contributed 36% of the country's innovation output since 1990 despite making up only 16% of the inventor workforce. Other reports highlight that they paid $330 billion in federal income tax in 2019 alone. Robust and progressive immigration laws help countries harness their invaluable contributions while at the same time creating a safe and conducive environment for citizens, investors, and other residents. 

Immigration law defines pathways through which people can move to settle in the United States, their rights and responsibilities, or the circumstances that warrant deportation. The law outlines two categories of people in the U.S.: citizens/nationals and aliens. Aliens are further classified according to their status as follows —

The Department of Homeland Security (DHS), established in 2003 in response to the September 11th  terrorist attacks, is responsible for implementing federal immigration law. It achieves its mandate through the following sub-agencies — 

Immigration law does not lend itself to dealing with people residing in the U.S. temporarily, such as tourists, students, professionals on exchange programs, or persons passing through the country on their way to another destination. 

To appreciate the scope of immigration law and the modalities with which it helps the U.S. harness the benefits of immigration while protecting its interests, take time to review the following key terms — 

U.S. immigration law is built on four goals that provide a pathway for those seeking entry into the country. The objectives are to reunify families, admit immigrants with valuable skills, protect refugees, and promote diversity. Each of these ideals blends the nation’s needs with the aspirations of those seeking entry.

In U.S. immigration law, naturalization stands as one of the routes to citizenship. To qualify for naturalization, an individual must meet the following requirements —

Immigration law allows international students to enter the U.S. with a non-immigrant visa category of F-1 and M-1. F-1, or the Academic Student visa, suits full-time academic students. The M-1, also called the Vocational Student visa, is appropriate for students pursuing vocational or nonacademic programs except for language training. To qualify for either visa, individuals must fulfill the following requirements —

Also known as non-immigrant workers, these visas, as the name suggests, are given to individuals who seek to work for a defined time in the United States. To start the visa process, prospective employers must secure the approval of USCIS so that the worker can apply for a visa. 

Within the context of immigration law, humanitarian protections are mechanisms and policies designed to defend individuals in danger of experiencing basic human rights violations in their home countries. The groups of people who qualify for such considerations include — 

In response to the threats in an individual’s country of origin, USCIS may issue benefits such as Temporary Protected Status (TPS) open to eligible applicants already in the U.S. from designated countries. The agency may also allow victims of human trafficking to apply for T-Visas and individuals who have worked for the government in Iraq or Afghanistan to pursue Special Immigrant Visas (SIVs) for lawful permanent residency. 

Immigration laws regulate the movement of people across borders to protect host countries, boost the economy by facilitating the import of talent, add to the pool of taxpayers, and safeguard the rights of those at risk of human rights violations. To achieve these objectives, these laws articulate the rights and responsibilities of noncitizens seeking entry, residence, or citizenship in the U.S. 

Obligations include the requirement to comply with the relevant rules and respect local customs or culture. The DHS agencies balance facilitating legal immigration and enforcing immigration laws to ensure national security and socio-economic stability while respecting human rights. Immigration policymakers and advocates worldwide face an ongoing challenge in balancing these interests.

The Immigration and Nationality Act (INA) oversees immigration policy in the U.S. The legislation allows a maximum of  675,000 permanent immigrant visas to be distributed across various visa categories annually. However, there is no numerical limit on the annual admission of spouses, parents, and children under 21 of U.S. citizens.

INA further allocates five broad classes for the admission of foreigners under the LPR. These are —

Federal immigration law in the United States regulates noncitizen matters at the national level, providing the framework for entry, stay, and rights of noncitizens in the U.S. Specifically, the framework governs —

Individual U.S. states establish state immigration laws to address alien-related matters within their jurisdictions. They encompass — 

State immigration laws can vary to reflect unique state-specific priorities and needs. However, discrepancies with federal regulations often generate controversies, leading to legal challenges and debates surrounding immigration enforcement and federal-state cooperation.

Navigating immigration law is difficult, especially for those unfamiliar with its intricacies, but a specialized attorney can —