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Immigration Law 101

Immigration law talks about a person’s citizenship and residency status, which binds them with obligations and rights. It also manages how a non-resident of U.S could gain citizenship, residency, or visitation rights. Immigration law also includes deportation.


The Immigration Process


The United States Congress controls the immigration process by passing legislation which determines the immigration law. The management of the immigration process and enforcement of the laws formulated by the Congress are managed by the Department of Homeland Security along with the agencies which work under it such as U.S Customs, Border Protection, and the U.S. Citizenship and Immigration Service.


Even though appeals have taken place within individual states, the responsibility of monitoring the immigration process via the Department of Homeland Security lies within the federal government.


When talking about immigration laws, there are two things you need to know about:

  • An immigrant visa is for people who opt to stay in the United States as a resident to live and work. Normally, any country might send out a limited number of people to get such a visa.

  • A non-immigrant visa, as the name suggests itself, is for temporary visitors like business people, students, and tourists.


Immigration covers an expansive array of situations which involve a person, from a foreign country, coming to the U.S. to live permanently or temporary visit.


Working in the U.S.


There are many employment-based immigrant and non-immigrant visas. Those who wish to work in the U.S. can apply for any one of them. Non-immigrant visas allow employment with a specific employer and that, too, in a specific position.


Visiting the U.S.


For people who wish to visit the United States for a short time period and have no intention of working are available with a few non-immigrant visa options. Some country nationals are eligible to enter the U.S. as part of the Visa Waiver Program and don’t even have to apply for the visa.


There are different kinds of non-immigrant visas and most popular are B1/B2 visitor visas. They don’t allow employment, study, and work in the media or a permanent residence in the U.S.


Becoming a Citizen of the U.S.


The U.S. citizenship is available to the lawful permanent U.S residents, via the naturalization process when one does not acquire it by birth. Spouses of U.S citizen could apply for citizenship after three years of living as a permanent resident.


Achieving a Green Card


The common term used for Lawful Permanent Residency is a green card. It allows one to live indefinitely in the U.S along with few restrictions regarding entry and exit in the country. One can work or study without permission. Normally, one gets a green card via a family member or an employer on the beneficiary’s behalf.


In limited circumstances, an individual might petition to become a lawful permanent resident without a sponsor.


The U.S immigration law is quite complicated. Therefore, hiring a lawyer could be your best bet to know which visa type is right for you. A professional lawyer could guide you towards the right path.

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