Immigration

Immigration law is rooted in the Immigration and Naturalization Act (INA), 8 U.S.C.S. § 1101 et seq. Immigration law, and the INA in particular, sets forth the rights and obligations of aliens, persons who are not citizens or nationals of the United States. The INA provides for the issuance of either immigrant or nonimmigrant visas, depending upon the purpose for which an alien is applying for entry to the country. In addition, refugees and other people with humanitarian needs may be admitted to or allowed to stay in the United States in some circumstances. People who do not meet the INA's criteria are either inadmissible or deportable. In either situation, they will be "removed" from the country. "Removal" used to be called "deportation" if the person was in the country, and "exclusion" if he or she had not been allowed in. 8 U.S.C. § 1227 sets forth the grounds for removal of aliens from the United States and 8 U.S.C. §1182 sets out the reasons not to allow someone in. These grounds include conviction of certain crimes, fraud, and national security concerns. Immigration law, and the INA in particular, also cover nationality and naturalization. Occasionally a person may be a U.S. citizen through connection to another citizen, and not realize it. Assuming the person is not a citizen and wants to become one, the person must be a legal permanent resident, have been so for at least three and usually five years, have lived in the United States for at least half that time (with certain exceptions, such as military service abroad), be of "good moral character," be able to read and write English, and pass a test in U.S. history and government.

Under U.S. immigration law, nonimmigrant visas are issued to aliens coming to the United States for a temporary purpose, such as business, travel, medical treatment, or education. Once the purpose has been fulfilled, the alien must return home. Dozens of categories of nonimmigrant visas exist, including a number of categories for temporary workers. To obtain a temporary work visa for a sponsored alien employee, an employer usually must receive a certification from the Department of Labor and have a visa petition granted by United States Citizenship and Immigration Services (USCIS). The State Department also may be involved if the alien is coming from another country. To receive an immigrant visa, an alien generally must be sponsored by an employer or family member. Under U.S. immigration law, to receive a worker's immigrant visa, a worker must be the beneficiary of an approved Form I-140 filed with USCIS. Immigration visas for workers are distributed according to the priority level of the worker. To receive a family-sponsored visa, an alien must be the beneficiary of an approved Form I-130 filed on his or her behalf with USCIS. Unlimited family-sponsored immigration visas are issued to the following relatives of United States citizens who are at least 21 years old: spouses, unmarried children under the age of 21, orphans adopted abroad or to be adopted in the United States, and parents. A limited number of family-sponsored immigration visas are also issued to other relatives of United States citizens and permanent legal residents.