What is Immigration Law? U.S. Immigration law falls under the umbrella of the federal government and determines whether a person is an alien, as well as his legal rights, duties and obligations while in the U.S. An alien was defined by the Immigration and Nationality Act of 1952 (INA) as “any person who is not a citizen or a national of the United States.” U.S. Immigration law further oversees all the processes under which aliens my enter the U.S., gain residence, and/or become a naturalized citizen, wherein they obtain full citizenship rights. It includes a regulatory body which deals with who may enter the U.S., how long visitors may remain and when they must be evicted.
Title 8 of the U.S. Code contains the U.S. federal Immigration Laws and 28 U.S.C. § 1251 of the U.S. code describes the jurisdiction individual states have. Congress maintains total authority over U.S. Immigration, while the President’s authority is restricted to refugee policy. The U.S. courts generally stay out immigration matters, unless constitutional rights are at issue.
The duties of enforcing U.S. Immigration laws are shared by different agencies. While many people are familiar with the INS (Immigration and Naturalization Service), it actually no longer exists, as it was replaced by the Department of Homeland Security (DHS) in 2003. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Enforcement (CBE) are the agencies within DHS which now handle the former duties of the INS - investigative responsibilities, naturalization, asylum, and permanent residence functions; and border patrol duties. While our consulates and embassies around the world are managed by the U.S. Department of State. Visit Us at Google+ Copyright AdvocatesOffice.com
Immigration Law - US
- 1990 Immigration and Nationality Act
1990 Immigration and Nationality Act (An act to amend the Immigration and Nationality Act to change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization, and for other purposes)
- ABA - Commission on Immigration
The American Bar Association (ABA) Board of Governors established a 13-member Commission on Immigration in August 2002, and a 10-member Advisory Committee to the Commission in 2005. All members are appointed by the ABA president. The Commission directs the Association’s efforts to ensure fair treatment and full due process rights for immigrants and refugees within the United States.
- Immigration and Naturalization Law - Overview
Federal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. It also provides the means by which certain aliens can become legally naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation's border, determining who may enter, how long they may stay, and when they must leave.
- National Immigration Law Center
Since 1979, the National Immigration Law Center (NILC) has been dedicated to protecting and promoting the rights of low income immigrants and their family members.
- The Immigration and Nationality Act (INA)
The Immigration and Nationality Act (INA) sets forth the conditions for the temporary and permanent employment of aliens in the United States and includes provisions that address employment eligibility and employment verification. These provisions apply to all employers.
- The White House - Immigration Policy
President Obama believes that our broken immigration system can only be fixed by putting politics aside and offering a complete solution that secures our border, enforces our laws, and reaffirms our heritage as a nation of immigrants. He believes our immigration policy should be driven by our best judgment of what is in the economic interest of the United States and what is in the best interest of the American worker. President Obama recognizes that an orderly, controlled border and an immigration system designed to meet our economic needs are important pillars of a healthy and robust economy.
- United States Immigration - Definition
American immigration (immigration to the United States of America) refers to the movement of non-residents to the United States. Immigration has been a major source of population growth and cultural change throughout much of American history. The economic, social, and political aspects of immigration have caused controversy regarding ethnicity, economic benefits, jobs for non -immigrants, settlement patterns, impact on upward social mobility, crime, and voting behavior. As of 2006, the United States accepts more legal immigrants as permanent residents than all other countries in the world combined.
- US Citizenship and Immigration Services (USCIS)
U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. USCIS will secure America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.
- US Department of Labor - Immigration Regulations
The following are selected regulations relevant to the Immigration programs adjudicated by the Office of Administrative Law Judges, United States Department of Labor. This is not an exhaustive list, and OALJ makes no representation that the documents linked here are the most up-to-date versions.
- US Immigration Forms
Access to all of U.S. public use immigration forms.
Immigration Law - International
- Australia Immigration
For people who want to visit, work, study or live in Australia. Employers can find information about sponsoring skilled people to work in Australia
- Canada Citizenship and Immigration
Every day, CIC employees work with people from diverse cultures. They strive to serve them fairly, efficiently and with integrity. Our applicants can expect impartial, unbiased and professional treatment, as well as clear and accountable decision making.
- Center for International and European Law on Immigration and Asylum
Treaty establishing the European Community, as amended, requires Member States to adopt Community legislation related to the status of aliens sub specie of the establishment of an area of freedom, security and justice.
- International Advice on Immigration, Visas and Work Permits
At workpermit.com our core business is serving employers who are hiring internationally and transferring staff between countries. Most of our clients are in the IT, Telecoms, and Finance industries, but we also serve clients in other sectors, such as football clubs needing to check that potential new signings will be allowed to work in the UK! If you are an international consulting company expanding into new jurisdictions, it may be that you need to send staff to a country where you do not have a presence. We are generally able to assist in such situations by providing a 'proxy sponsor' in the required country.
- UK Home Office of Immigration and Asylum
The Home Office is the lead government department for immigration and passports, drugs policy, counter-terrorism and police.
Organizations Related to Immigration Law
- American Immigration Council
The American Immigration Council (formerly the American Immigration Law Foundation) was established in 1987 as an IRS designated 501(c)(3), tax-exempt, not-for-profit educational, charitable organization. The mission of the American Immigration Council is to strengthen America by honoring our immigrant history and shaping how Americans think and act towards immigration now and in the future.
- American Immigration Lawyers Association (AILA)
National association of over 10,000 attorneys and law professors who practice and teach immigration law.
- Immigration Policy Center (IPC)
The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.
- International Exchange Center
The International Exchange Center of the American Immigration Council firmly believes that the movement of people across borders improves quality of life worldwide. When international trainees on J-1 visas improve their career skills through training in the United States, they are better equipped to take care of their own families and communities. On a larger scale, the positive ties created between US hosts and international trainees lead to a more stable world. When J-1 interns learn and share cutting edge technologies through internships with American companies, we all gain.
- International Organization for Migration (IOM)
An intergovernmental organization established in 1951, IOM is committed to the principle that humane and orderly migration benefits migrants and society.
- Legal Action Center (LAC)
The Legal Action Center (LAC) of the American Immigration Council advocates for fundamental fairness in U.S. immigration law. To this end, the LAC engages in impact litigation and appears as amicus curiae (friend of the court) before administrative tribunals and federal courts in significant immigration cases on targeted legal issues. We also provide resources to lawyers litigating immigration cases and serve as a point of contact for lawyers conducting or contemplating immigration litigation. The LAC also works with other immigrants’ rights organizations and immigration attorneys across the United States to promote the just and fair administration of our immigration laws.
- ProCon.org - Illegal Immigration Issues in America
Illegal Immigration ProCon.org presents facts, laws, and pro and con statements on questions related to illegal immigration in the United States.
Publications Related to Immigration Law
- Georgetown Immigration Law Journal
The Georgetown Immigration Law Journal is the only student-edited law journal devoted exclusively to the study of immigration law.
- Immigration Law and Policy
Articles originally published in Immigrants' Rights Update are organized by the hyperlinked index topics below. Within each index, the most recent articles are listed first.
- International Journal of Refugee Law
The journal aims to stimulate research and thinking on refugee law and its development, taking account of the broadest range of State and international organization practice.
- The Center for Migration Studies
CMS publishes a journal, a newsletter, and various books and papers on migration, refugees, and ethnic groups.
Articles on AdvocatesOffice.com Related to Immigration Law
- Asylum in the United States: Application, Court, and Asylum Benefits
A person who is fearing persecution in his/her country may request the Unites States government to provide protection by submitting an application form I-589 and supporting documents. The person must be physically present in the United States to do so. If a person is asking for protection outside the United States, the person is called a refugee.
- Investment Requirements for the EB-5 Visa
If you are trying to obtain an EB-5 visa, you would have to invest a sum of money. There may be other requirements too that you need to lean about
- What Should You Learn About the United States Asylum Laws
If you are facing persecution in your homeland because of some reason, you may seek asylum in the United States. In order to apply for asylum, you would need to learn more about the process.
- China’s New Exit-Entry Administration Law
On June 30th, 2012, the National People’s Congress Standing Committee of People’s Republic of China issued the new Exit-Entry Administration Law (hereinafter referred to as the “New Law”) which is applicable to exit-entry of both Chinese nationals and foreign nationals and shall come into effect on July 1st, 2013.
- Americans Require a Will While Living Abroad. Case of Thailand
Advancement of modern technology allow people to migrate effortlessly across borders in increasing numbers in this century. People live and work outside their home country, and some adapt to their adopted homes by having their families abroad. Expatriates have a unique myriad of concerns about their assets in their adopted country in the event of death. The inevitable question is: Do I need a will while I am living abroad?
- Immigration Evolution in Ukraine
The Ukrainian government began to strictly regulate the stay of foreigners, especially those hired by local companies, back in 2009. Prior to that date, many foreigners simply ignored the local registration and customs rules with impunity. However, the Ukrainian "immigration revolution" began with the government's strict application of the rules for applying for and receiving temporary residency status in Ukraine.
- Hungary to Offer Investment-based Permanent Residency for €250,000
A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling party of Hungary submitted a Bill to Parliament, which would offer permanent Hungarian residency under preferential conditions for non-EU national investors willing to buy at least €250, 000 of government bonds. The Bill is currently under consideration and is expected to become law very soon.
- How Does a Felony Affect Your Immigration Status
If you are facing deportation for being convicted of a felony, you would need to contact a lawyer immediately. If you are in the United States on a green card or a visa, the worst thing you can do is commit a felony. Committing felony may get you deported out of the country. The immigration officials may even downgrade your status on the basis of felony or non-felony conviction.
- Is There a Difference between a Visa and a Green Card
You must learn about the differences between a green card and a visa before you apply for any of the two. A lot of people seem to believe that a visa and a green card refer to the same thing. However, a visa and a green card are indeed different from each other. Each has its own purpose and eligibility requirements.
- Doing Business in the Republic of Trinidad and Tobago, Legal Series
Introduction - The concerns of our clients are always paramount and it is for this reason we have embarked upon the “Doing Business in the Republic of Trinidad and Tobago” Series of Legal Article - During this series our Attorneys will be giving you a brief insight into the areas of law which from our professional experience, touches and concerns businesses and individuals wishing to establish themselves within our borders.
- All Immigration Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Immigration including: extradition, green cards, naturalization and citizenship, visas, work permits and visas.