Immigration Law (also called nationality law) governs the rights, duties, and responsibilities of people wishing either to enter and remain in a country or to leave a country.
Immigration Law has a fascinating history--from ancient folk law rules to laws in modern society, from nationality laws based on bloodline to the current focus on letting people choose where they want to live.
Along with consular law, it is an integral part of the international legal regime governing a person's ability to enter and remain in a foreign country.
The right of a nation to regulate its borders and grant residence to aliens is a sovereign right. Although states cannot set their immigration laws, the Supreme Court ruled in 2017 that local law enforcement agencies are not required to check the immigration status of those arrested and hold them in custody only on immigration violations.
The recent state laws requiring police to check the immigration status of suspected illegal aliens have some constitutional issues. The U.S. Constitution grants Congress the exclusive right to legislate on immigration. Most relevant laws, including the Immigration and Nationality Act (INA), are found in Title 8 of the United States Code.
Three federal agencies are responsible for administering and enforcing immigration laws.
- Immigration and Customs Enforcement (ICE) investigates those who legally have the right to work and immigrate into the United States and prosecutes those who do so illegally.
- U.S. Citizen and Immigration Services (USCIS) handles applications for U.S. citizenship or the right to work and immigrate to the U.S. legally.
- Customs and Border Protection (CBP) is responsible for keeping the borders secure and enforcing the immigration laws once a person has entered the country. All three agencies are part of the Department of Homeland Security.
Foreign visitors typically need a visa to enter the U.S. Creatively; we call these visas. Immigrant visas are reserved for those wanting to become employed and stay in this country. Country-specific quotas limit these visas. Business visas, meanwhile, are for travelers, tourists, and students visiting for business reasons.
Citizens of certain developed countries deemed politically, economically, and socially stable by the U.S. government are allowed to visit the United States for up to 90 days without obtaining a visa. This is known as the U.S. Visa Waiver Program or the visa waiver for short.
Essentially, the visa waiver program allows citizens to visit the U.S. for tourism, business, and transit. The program's primary use is to bring tourists here, but it also allows business people to see clients or partners or transit passengers or crew to pass through the U.S. en route to other destinations.
Immigrate to another country like Canada, Australia, the United Kingdom, or New Zealand. 739However, Permanent Residency and Citizenship are rapid applications with Immigration Simplified. 740You might also need a financial Infrastructure to start operating your business in Canada
The United States'States' immigration system is a complex system that requires immigrants and their attorneys to submit a significant amount of paperwork to the federal government. Often, regulations change, and these changes are unpredictable. Immigration law is a highly nuanced practice area and unsuitable for general practitioners. Self-representation is not recommended.
There are several ways to obtain permanent immigration status. The most common way is for U.S. employers to help their employees receive permanent residency.
A petition must also be filed on behalf of a family member in another country. Sometimes, that family member may need to travel to the United States to apply for permanent resident status at a U.S. embassy or consulate. In other cases, the U.S. citizen or permanent resident can file the petition and all other forms online.
U.S. citizens can sponsor family members as "immediate relatives." These include spouses, unmarried children under age 21, and children adopted before turning 16. There is no limit to the number the government doesn't set each year. If the petition is approved, family members receive the priority date.
Although U.S. citizens are allowed to sponsor certain close relatives for immigration to the United States, there are significant eligibility requirements. The U.S. Citizenship and Immigration Services (USCIS) categorizes the eligible relatives into preference categories based on which family members can be given the most immigration benefits.
Spouses and unmarried children (under 21) of U.S. citizens are given the most preference. Brothers and sisters of adult citizens are given the least. For those in the lowest preference categories, waiting the mandatory amount of time before applying for citizenship can take years.
Immigration law is very complex and varies widely depending on the type of case. It'sIt's in your best interest to gain a preliminary understanding of your situation before securing legal services.
Naturalization is a legal process whereby a person enters into citizenship in a country other than the one in which they were born. The body of rights, privileges, and duties a naturalized citizen obtains is called citizenship. In the United States, naturalization is referred to as citizenship.
Becoming a U.S. Citizen is the process of making you an official U.S. citizen. There are two primary ways to do so; naturalization and derivation.
Naturalization focuses on applicants who were born outside the United States. Derivation, on the other hand, focuses on applicants whose spouses or parents were U.S. citizens. Lastly, there are provisions for certain persons, including residents of U.S. territories and Native Americans.
To become a U.S. citizen, you must apply with a record of your immigration history. You should then complete an interview and fingerprint scan and be taking the Oath of Allegiance at an official U.S. Citizenship and Immigration Services office.
- If you're a U.S. citizen, you can move more quickly.
- Being born in the U.S. allows someone to be an American citizen.
- You can get citizenship depending on where you live and for specific reasons. For example, you can be naturalized if you meet residency requirements and pass a citizenship test.
- If you're currently legally residing in the U.S. as a minor and at least one of your parents is a naturalized U.S. citizen.
For more information to better understand the citizen and resident distinction, refer to the resources above or click here to contact an attorney in your area who can help you with your citizenship and naturalization issues or answer any other questions you might have.
A Green Card is a card that is required by the U.S. Citizenship and Immigration Services (USCIS) for permanent residency (i.e., citizenship) in the United States. Citizens of the United States commonly use the term Green Card to refer to the document.
Green card holders are granted legal permanent resident status, similar to United States citizenship. Green card holders are given this status due to their employment, refugee status, and family reunification. Those with Green Card status can apply to become United States citizens after a certain period.
A permanent resident generally cannot work outside of the U.S. However, so long as a Canadian permanent resident is paying income tax on U.S. income, it does not typically have an impact. So long as a Canadian permanent resident is paying income tax on U.S. income, it is not a problem to reside outside of the U.S.
You can review the materials below to learn more about obtaining and keeping a Green Card. Additionally, you can find a lawyer in your area specializing in immigration law under the "Law Firms" tab at the top above.
One area of policy that is still in transition is that of immigration amnesty. This situation will hold until it is ultimately resolved.
With 20 million undocumented/illegal aliens living within its borders, critics of the 1986 amnesty argued that granting legal status to such a large population of people who had flouted U.S. laws, in some cases for many years, would create an incentive for continued illegal immigration. Proponents countered by charging that granting illegal immigrants legal status and placing them in a tax system would help the country identify undocumented workers, track their income, and reduce the number of crimes committed by illegal immigrants struggling to make a living. That year, amnesty was granted to approximately 3 million illegal immigrants.
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