Find An Immigration Attorney

U.S. immigration laws cover the entry of visitors from other countries (aliens) into this country for almost every purpose imaginable (tourism, temporary stays, permanent residence, employment, scholastic studies, refugee and asylum seeking, family reunification, capital investment and even terrorism).

An "alien" is any person in the U.S.A. who lacks citizenship or status as a U.S. national. If an alien wishes to become a US Citizen an immigration Attorney can assist them.

The Federal Immigration and Nationality Act (INA) enacted in 1952 and sometimes referred to as the McCarran-Walter Act provides the basis for today’s U.S. immigration law. Although frequently amended, the INA was instrumental because it eliminated all race-based entry quotas to the U.S., replacing them with nationality-only quotas.

On March 1, 2003, as a direct result of 9-11, the former Immigration and Naturalization Service (INS) was replaced by three separate agencies under the umbrella head of the U.S. Department of Homeland Security. The three new agencies which now oversee all custom and immigration law are:

1. The Bureau of U.S. Citizenship and Immigration Services (USCIS)
2. The U.S. Customs and Border Enforcement (CBE) and
3. The U.S. Immigration and Customs Enforcement (ICE).

The federal government grants Visas to implement its immigration policy goals. An immigration Attorney can help obtaining both of these visas. There are two types of U.S. Visas:

1. Immigrant Work Visa
2. Non-immigrant Visa

The latter is primarily for tourists, temporary business and student residents. The government does not impose a cap on the number of temporary visitor and non-immigrant visas that it may grant in any given year. An immigration attorney can assist you during a long-stay in another country.

A non-immigrant visa may NOT be required for some short-term visitors. However, if the visitor is from one of the Visa Waiver Program countries and has a machine-readable passport and can show proof that they are able to finance their stay, he or she can remain in the U.S. for up to 90 days for business or pleasure purposes.

 

In November 2008, The Department of Homeland Security announced that it had expanded its Visa Waiver Program (VWP) from 27 to 34 countries. The Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, and Slovakia were added to the list of participating VWP countries.

On the other hand, if an immigrant alien wishes to live and work in the United States for more than 90 days, or even permanently, he /she will need an immigrant work visa. Once an alien obtains an immigrant visa, he/ she can even apply to become a U.S. citizen. The process by which persons born in other countries become citizens is called "naturalization". An immigration Attorney can help you by applying for a U.S. work visa.

U.S. immigrant visas have numerous restrictions and quota caps to contend with. This often results in long wait times. Even if an immigrant visa petition is approved, an immigrant visa number may not be issued right away because of quota limitations. An immigration attorney can explain the visa process more clearly. A person from a country with a high demand for U.S. immigrant visas might have to wait several years between the time USCIS approves the petition and a visa number issued by the State Department.The long wait time for a U.S. visa often shocks people. 

Despite the national restrictions and quota caps, there are also numerous U.S. visa exemptions, you should consult with an immigration lawyer for help. For example, immediate relatives of U.S. citizens; such as, parents, spouses and unmarried children under the age of 21, are not required to wait for an immigrant visa number once their petition is filed and approved by the USCIS.

Also, the H-1B Visa Reform Act of 2004, provides that 20,000 new H-1B visas are available annually for foreign workers with Master's or higher degree levels from U.S. universities or other academic institutions. Aliens with such credentials are exempt from all national quotas.Under law, the U.S. grants safe haven for asylum seekers. The Refugee Act of 1980, states that to be eligible for refugee status in the U.S., an individual must have suffered past or fear future persecution on the basis of race, religion, nationality, political opinions or membership in a particular group. But other criteria, such as medical and security clearances, must also be met in order to fully comply. It is in your best interest to seek legal advice from an immigration attorney.

Anyone who delivers a missing American POW or MIA soldier is eligible for immediate refugee status in the United States. (The INA, however, expressly refuses stowaway aliens entry into the U.S.)

Through the Diversity Visa Lottery Program, 110,000 U.S. immigrant visas are given out each year to qualified aliens seeking entry and whose own country of origin has low U.S. immigration rates. Immigrant visas are not available for aliens whose country of origin has already sent more than 50,000 immigrants to the United States in the last five years.

According to the Census Bureau, foreign-born or immigrant population (legal and illegal) living in the U.S. reached a new record of more than 35 million in March of 2005. This is the highest number of U.S. immigrants ever recorded and nearly three times that of the peak immigration influx of 1910 when there were 13.5 million immigrants living in the U.S.

It is estimated that nearly half of immigrants which arrived in this country since 2000 are illegal aliens. Immigrants represent a 12.1 percent slice of the total U.S. population.

The Fourteenth Amendment to the Constitution which was ratified in 1868 provides a broad definition of citizenship and guarantees that all children born within the boundaries of the United States become citizens at birth.

States with the largest increase in immigrants are California, Texas, Georgia, New Jersey, Maryland, North Carolina, Pennsylvania, Washington, Virginia, Arizona, Tennessee, Minnesota, Nevada, New Mexico, South Carolina and Mississippi.Immigration accounts for virtually all of the increase in our nation’s public school enrollment over the last two decades. In 2005, there were 10.3 million school-age children attending U.S. schools from immigrant families.

Alien green card holders forfeit their right to stay in the U.S. if they violate U.S. immigration or criminal laws. They then have 30 days to appeal the deportation decision to the Board of Immigration (BIA). If the BIA decides against the alien, the matter can be appealed to the U.S. Court of Appeals with the help of an attorney. Finally, if the Court of Appeals also finds against the alien, the matter can be appealed to the U.S. Supreme Court.

States have limited legislative authority regarding immigration and deportation, as almost all of the immigration laws fall under federal guidelines.

Immigration law is one of the most convoluted and misunderstood portions of the U.S. legal system. Recently, this field became even more complicated with the new and more stringent immigration visa requirements and the higher application fees and penalties.

For expert legal advice on U.S. immigration law, an experienced immigration attorney who is a member of the American Immigration Lawyers Association (AILA) is the best way to get a visa or green card.