About Immigration Law

The federal government’s regulations for determining who is allowed to enter the country and for how long are referred to as immigration law.

It also controls the naturalization procedure for people who want to become citizens of the United States. 

Finally, immigration law governs the conduct of the detention and removal proceedings when foreign persons enter without authorization, overstay their visa, or otherwise lose their legal status.

Immigration laws are administered and enforced by three government agencies. Immigration and Customs Enforcement (ICE) investigates lawbreakers and brings cases against them. 

Applications for legal immigration are handled by U.S. Citizenship and Immigration Services (USCIS). Border security is the responsibility of Customs and Border Protection (CBP). 

Part of the Department of Homeland Security is all three organizations.

Generally, a visa approval procedure is how foreign nationals get authorization to enter the United States. There are two very different visa categories: immigrant, for people wanting to immigrate to the United States and non-immigrant, for those who want to come only temporarily. 

People who want to stay permanently in the United States need an immigrant visa. Quotas/numerical limits for different nations restrict these visas. 

Nonimmigrant visas are for transient visitors such as tourists, students, and businesspeople.

The U.S. government allows citizens of a few developed nations that it has determined to be politically and economically stable to travel for up to 90 days without a visa. This expedited approach, also known as the Visa Waiver Program (VWP), is mostly used by visitors who are going for a short trip. 

It prohibits foreign nationals from working, attending school, or requesting permanent residency. Citizens of 40 nations are currently eligible for the visa waiver program.

Sources of Immigation Law

There are a number of sources of immigration law. This includes:

• Immigration and Nationality Act
• Federal Regulations:
  • Department of Health and Human Services – 45 CFR
  • Department of State – 22 CFR
  • Department of Labor – 20 CFR
  • Department of Homeland Security – 6 CFR
  • Department of Justice – 28 CFR
• Agency memoranda and operating instructions
• Administrative and judicial decisions
• Administration appeals office