Immigration - An Overview

Immigration law controls the procedures for entering the U.S., determines who is and is not eligible for entry, sets the rules for obtaining citizenship and deporting foreign nationals who violate U.S. immigration or other laws. Immigration attorneys assist foreign nationals seeking to come to the U.S. to study, travel, conduct business and work. Immigration lawyers also help employers complete the application and certification processes to employ foreign workers for permanent and temporary positions. If you have an immigration-related issue, contact our firm to schedule a consultation with an experienced immigration lawyer.

Attorneys practicing immigration law may handle various legal matters for aliens and U.S. citizens living both inside and outside of the country. The following sections introduce some of the issues for which a person may seek the assistance of an immigration lawyer.

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Basic Immigration Laws

Since previously piecemeal immigration laws were consolidated by Congress in 1952, immigration law in the U.S. has continued to evolve. Changes in immigration law affect employers, visitors, students, business travelers and others seeking to live, work or travel to the U.S.

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Government Agencies and Their Duties

More than one U.S. government agency is involved with implementing and enforcing U.S. immigration law and policy. Given the complexity of U.S. immigration law, it is important to understand which federal agencies handle which types of immigration matters.

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Visas

Those wishing to relocate permanently to the U.S. and those desiring to visit the U.S. for a temporary amount of time must apply and be approved for visas prior to traveling to and entering the country. There are many types of visas, and it is essential that the foreign national applies for the correct class of visa.

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Removal

Removal occurs when the federal government formally either refuses admission to a foreigner at the U.S. border, or expels from the country a previously admitted alien for violation of certain U.S. immigration or other laws. Once deported, an alien may lose the right to return to the United States, even as a visitor.

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Immigration Resource Links

U.S. Department of State Visa Services
This State Department website provides information about both permanent and temporary immigration into the U.S., including information on the different types of visas and how to acquire family-based or employment-based visas.

U.S. Citizenship and Immigration Services
Main U.S. agency responsible for implementing and enforcing U.S. immigration laws. The website provides information and links to forms for applying for visas, acquiring citizenship, sponsoring employees and family members, green cards and more.

Immigration Law: An Overview
This set of resources maintained by the Legal Information Institute at Cornell University provides an overview of immigration law.

Admission Into the U.S.
Website provided by the U.S. Customs and Border Patrol (CBP), offering information to international visitors on the U.S. admissions process. Provides links to the electronic system for travel authorization, application for advance permission to enter as a nonimmigrant and other important information for those entering the U.S. permanently or as temporary workers, visitors or students.

U.S. Citizenship and Immigration Forms and Fees
This resource, maintained by U.S. Citizenship and Immigration Services (USCIS), provides online access to immigration forms, including filing fee information.

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Frequently Asked Questions About Immigration

Q: Who is permitted to enter the U.S. from a foreign country?

A: U.S. law establishes four principal means by which a foreign national can legally enter the country: employment-based immigration, family-based immigration, refugee or asylee status and the diversity lottery. Each category covers a variety of situations, some allowing permanent immigration and some only temporary stays in the country. The government allows temporary or permanent immigration for economic reasons such as filling jobs U.S. workers are not taking, and for humanitarian reasons such as reuniting families, or granting asylum or refugee status. The law establishes yearly quotas for some categories.

Q: Which family members may sponsor relatives for U.S. immigrant visas for permanent entry?

A: With some exception and restriction, a U.S. citizen may sponsor a spouse, parent, sibling, minor child or adult child (regardless of marital status), or fiancé(e) for an immigrant visa, known popularly as a green card. Additionally, an alien in the U.S. with lawful permanent resident status (a green card holder) may sponsor a spouse, minor child or adult unmarried child. Citizens and permanent residents who sponsor relatives for immigration must have a certain level of earnings and agree to legally support their incoming family members.

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