How Immigration Laws Have Changed Over The Past Few Years After 9/11

Since 9/11, immigration laws have changed a great deal in the United States.  Security has tightened, since the perpetrators of that American tragedy were predominantly illegal aliens who had bypassed immigration laws, spending months here in the U.S. without obtaining green cards and without being detected by immigration law enforcement officials.  As a result, immigration law has made it much more difficult for foreign nationals to obtain green cards or temporary visas, especially without the help of immigration attorneys, as well as to finally become U.S. citizens.  In fact, those processes are much more demanding and it has become even more critical for visa and green card applicants to call upon legal counsel for assistance.

Government Reorganization of Immigration Law

One of the most sweeping changes in immigration law came with the reorganization of the federal agencies overseeing those immigration laws for green cards, temporary visas, and naturalization.  Whereas the Immigration and Naturalization Service formerly enforced immigration laws concerning green cards and temporary visas, five different offices now oversee those services:

• The Department of Homeland Security
• The Department of Justice
• The Department of State
• The Department of Labor
• The Department of Health and Human Services

With that reorganization, immigration laws have been strengthened, more often requiring the advice of legal counsel to complete petitions for green cards or nonimmigrant visas.  Often without the help of immigration attorneys, they are now unable to fulfill all the requirements of immigration law for those green cards or visas.
 
Stricter Processes for Green Cards and Non-immigrant Visas

While there are more immigrants entering the United States, immigration laws governing their application for temporary visas and green cards have become more stringent and require more help from immigration attorneys than ever.  In addition, there are strict quotas for most categories of immigrants. 

Those applying for temporary tourist or business visas are thoroughly screened for security purposes, and to ensure these individuals do not intend to seek employment while in the United States.  Once they are approved for temporary visas through the United States Citizenship and Immigration Services (USCIS) bureau, they must apply and receive visas at an American consulate in their home country.  They must then be processed at the American border by U.S. Customs and Border Protection (CBP) agents who provide the final screening and can still block entrance if they find anything out of order. 

Temporary work visas are more difficult to obtain under current immigration law without the assistance of immigration attorneys.  However, if there are positions that require specialized abilities or higher education, or that lack sufficient American workers, an employer and their immigration attorney may sponsor foreign workers through temporary work visas.  Because of the complexity of this process, the immigration attorney will be an integral part of the employer’s application process.   

For permanent resident visas, or green cards, new, tougher immigration laws have also made that process much more difficult, requiring more involvement by legal counsel to secure green cards as well.  Many applicants for green cards must be sponsored by U.S. citizens or green card holders and represented by immigration attorneys.  Once a green card petition is completed by the applicant and their immigration attorney, and officials process the green card request and complete their security checks, if the application is approved, in most cases they must wait for a visa number, which can take months or even years.  That is where an immigration attorney can be important, helping aliens apply for green cards under the category with the highest priority and the shortest wait.  Once their visa number comes up, they receive their green cards and take up permanent residence. 

Those with green cards and immigration attorneys can then take the next step allowed under immigration law, to apply for naturalization, or citizenship, after a minimum of five years in permanent residence with legal green cards.  With the help of an immigration attorney, they can proceed through the application, interview, and testing process and reach their goal of becoming American citizens. 

Other Changes in Immigration Laws

In addition to the reorganization and strengthening of immigration laws, enforcement of those immigration laws has been strengthened throughout the United States.  One example is the barrier being built along the 2,000-mile U.S.-Mexico border.  In addition, since 9/11 there has also been ongoing controversy about the increased efforts at anti-terrorist activities by Homeland Security, including more lenient requirements to conduct wiretaps, suspected terrorist searches, detentions, and more. 

Anyone facing immigration problems either in or out of this country that needs help with questions about immigration law or suspected abuses can contact an immigration attorney for help.  Skilled legal counsel can clarify the most recent changes and how they affect citizens and immigrants alike.