U.S. Immigration Law
The United States Constitution reserves to the federal government the power to “establish a uniform rule of naturalization”. Federal law determines not only the process by which a person can be naturalized, or made a citizen of the United States, but also establishes the rights, restrictions and obligations of aliens within the United States or those wishing to enter.
The Immigration and Nationality Act of 1952 (INA) forms the foundation of current U.S. Immigration law, although it has since been amended. The INA defines “alien” and creates classifications of aliens within the United States. One of the most significant amendments to the INA came in the form of the Immigration Act of 1990, which shifted the allocation of visas and significantly increased the number of immigrants the U.S. would accept in a year.
The Immigration Reform and Control Act of 1986 (IRCA) and the Immigration Marriage Fraud amendments of the same year cracked down on illegal immigration and immigration fraud. The IRCA increased criminal sanctions for employers hiring illegal aliens and cut off access to some benefits, including federally funded welfare benefits. The Marriage Fraud amendments were intended to prevent fraudulent marriages designed to short-cut the immigration process and receive priority status.
Title 8 of the Code of Federal Regulations provides detailed requirements for many visiting alien and citizenship procedures.
In 2002, the Homeland Security Act (HSA) changed the structure of U.S. immigration and naturalization procedures, removing a number of processes from the authority of the Immigration and Naturalization Services (INS) and transferring them to the newly created Department of Homeland Security. The Department of Homeland Security’s Bureau of Citizenship and Immigration Services assumed jurisdiction over these matters on March 1, 2003, but later that same year the division became U.S. Citizenship and Immigration Services.
State legislatures have some very limited authority with regard to immigration issues, and that authority is set forth at 28 U.S.C. 1251. Title 28 also lays out federal sentencing guidelines for illegal entry into the United States.
U.S. Immigration law is a complex and growing body of legislation, and is also impacted by decisions of the United States Supreme Court. During the past few years, the United States Supreme Court has handed down a number of cases relating to immigration and deportation issues, particularly with regard to deportation for certain criminal offenses.
If you’re attempting to obtain a visa, extend your stay in the United States, change your status, bring a relative to the United States, or are facing deportation, an immigration lawyer can help you understand the current state of the law and how it applies to your situation. If you’d like to speak with an immigration lawyer, simply call us at (877) 444-1074 or fill out our Immigration Case Evaluation Form.