Basic Immigration Laws
Federal immigration law deals with myriad issues regarding the rights and duties of foreign nationals in the United States. Federal law defines people's immigration status and their immigration options, with a specific focus on their reasons for coming to the US. Immigration laws also determine if a person is in the country illegally and whether or not they can be deported. If you are involved in an immigration case, the complex laws and regulations can be extremely intimidating. Being represented by an immigration attorney will help you understand your rights and duties under the law, and can help move your case toward your immigration goals. Contact an experienced immigration attorney today to discuss your situation.
The Immigration and Nationality Act (INA)
Since 1952, the Immigration and Nationality Act (INA) has governed US immigration law. The INA is frequented amended, and is supported by federal regulations, which are also in constant flux. Most immigration attorneys focus only on immigration issues in order to keep up with the changing laws and procedures.
The INA's provisions cover:
- Who is an immigrant and who is a citizen
- Who can enter the country from abroad
- Who must have a visa to enter the country
- How visas are defined and administered
- How immigrants are processed
- Which immigrants can be removed (deported) from the country
- What immigrants must do to maintain their legal status
- How immigrants can become permanent residents or naturalized citizens
- Who qualifies to be a refugee or asylum seeker
Increasingly, immigration law also deals with issues of terrorism prevention and investigation.
Changes to the Law
The INA has been amended many times since it was passed into law over 50 years ago. Some of these amendments have made major changes to federal law. Regulatory changes and government reorganizations also impact immigration procedures. For example, the well-known Immigration and Naturalization Service (INS) was placed in the Department of Homeland Security and its functions split between different agencies. Most immigrants now deal with the Bureau of Citizenship and Immigration Services (BCIS).
Over the past few years, immigration law has become much more strict, with more stringent visa requirements and longer waits for administrative actions. Fees and penalties have also been raised. Recently, the government has started collecting biometric information from immigrants in order to better identify people in the system.
Challenging Immigration Decisions
Whether you are a foreign national seeking to come into the United States to work, study, get married, or do business, you may have a need to apply for a visa or to seek out immigration services. Sometimes, the BCIS denies applications or petitions or takes other adverse action. The INA and its associated regulations give many recipients of negative decisions the right to challenge those outcomes. These challenges take place before an administrative tribunal rather than in a courtroom (although once all administrative options are exhausted, some cases can be brought before a court). It is important to be represented by counsel in such a proceeding, as the rules and strategies in immigration proceedings are numerous and complicated.
Conclusion
The federal law that governs the immigration process is complex Being represented by an attorney is critical to successfully navigating the immigration process. If you, or someone you know is dealing with an immigration issue, call one today.
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Added: 06/26/07