immigration law
Immigration Law

What Are Immigration Laws – A Complete Guide of 2021

| February 8, 2021

US migration law is complex. And even more complex to understand how it works. If you see the immigration law in the US, you will find that it has been built on the following principles: 

  • The reunification of families.
  • Hiring talented individuals for work.
  • Protecting refugees.
  • Promoting diversities.

The body that is currently handling all the immigration-based works is called The Immigration And Nationality Act. The INA allies around 675,000 visas to America each year for various works.

Once the person gets an immigrant visa, the person is considered a lawful permanent resident of America (LPR).

What Is Immigration Law?

What Is Immigration Law?

Immigration law is the set of rules set by the federal government to limit the number of visas entering America. It also governs the naturalization process for those who desire to become US citizens. On the other hand, if the immigrant overstays their visit or comes uninvited, the federal government chooses what punishment needs to be given.

There are three federal government agencies that are responsible for enforcing the immigration law. 

  • Immigration And Customs Enforcement (ICE): They are responsible for taking action against the people who break the immigration law.
  • US Citizenship & Immigration Services (USCIS): It handles all the application work of legal immigration.
  • Custom And Border Protection (CBP): They are responsible for keeping the border secure.

If we understand the immigration process in simple terms, it is the process of obtaining permission from the USA to visit the country for valid reasons. This process is done by issuing immigrant visas to foreign applicants.

There are generally two types of visas:

  • Immigrant Visas: Immigrant visas are those kinds of visas that focus on people who want to visit America for work purposes.
  • Non-Immigrant Visa: Other than work, if you are visiting America for studies, as a tourist, or for businesses, it will fall under non-immigrant visas.

Permanent Residency & Citizenship

Permanent Residency & Citizenship

Immigration to the United States needs to go through complicated paperwork. What’s worse, the immigration law keeps changing, making it almost impossible to keep track of the right application procedure. Even among attorneys, the immigration field is considered to be special practice.

If you want to self represent yourself for the application of immigration, we would advise you not to do that. The legal immigration work is very complicated; to stay on the safe side, it is best you hire a professional. 

The process begins with a permanent resident filing a petition on behalf of family members living in a foreign land. US citizens can sponsor family members who qualify as “Immediate Relatives.”

Hence, this might include the following:

  • Spouses.
  • Parents of the citizens.
  • Unmarried children under the age of 21.

The government does not limit the number of visas issued each for the immediate relatives. This means that there is no waiting period. The only time you have to wait is for the processing time.

Types Of Immigration

Types Of Immigration

There are four types of immigration on which the immigration law is implemented. While certain immigration is subjected to an annual cap, non-immigrant visa that has no numerical limits.

1. Family-Based Immigration

Family unification is one of the major principles that govern immigration policies. Family-based immigration allows the US family to bring their family members to the United States. Family-based immigration is considered as immediate relatives.

Prospects immediate audiences are:

  • Spouses.
  • Unmarried Minor Children.
  • Parents of US citizens.

2. Employment-Based Immigration

When we are talking about employment-based immigration, there are several ways in which you can get an employment-based immigration visa.

Temporary Visa Classification

A temporary visa is a visa classification for employers who can hire talented foreign individuals for the work. In these kinds of jobs, the workers have limited job options and can work for the employers who have filed a petition for the visa.

Permanent Immigration

A permanent immigration visa is the permit to settle in the USA. The number is limited to 140,000 a year. The factors that determine whether you are eligible to have the permanent permit to stay in the USA will be determined by your spouse, minor unmarried children, and other relatives living in America.

Read Also: Child Adoption Law

3. Per-Country Ceilings

In addition to the number of immigrants that can visit America, the number is also limited to how many immigrants can visit a country. Currently, the number is limited to 7% of the total number of immigrants visiting America for various reasons.

4. Refugees And Asylees

The last form of immigration is the refugee’s immigration visa. However, these visas are given to the people who cannot go back to their birthplace due to safety issues. Refugees generally apply for a visa from a transition country (outside their home country).

Hence, the admission of the refugees depend on the following factors:

  • The amount of risk they face.
  • Membership of the group is of special concern.
  • Whether or not they have any family members in the USA.

Frequently Asked Questions (FAQ)

Even if you read through several articles, there are many questions that go unanswered. We have handpicked some of the most asked questions on the internet and have enumerated them below.

How Much Does It Cost To Immigrate To the USA?

The current naturalization fee for a US citizenship application is $724. This fee is divided into two sections, where you have to pay $640 for the application and the rest $80 for the biometric services. Note: the amount is non-refundable, whether your application got accepted or rejected.

How Can I Move To America Without Qualifications?

Well, that is extremely difficult. If you do not have any degrees which America can value for the jobs, you will not get any employees visa. Hence, the only option left is to look for people who can take responsibility as family members and file a visa petition.

What Is The Fastest Way To Immigrate To America?

The fastest way to get any visa is through congressional order. If you slack connection for that. Then you can choose to invest in job sectors to create new jobs in those areas. This will help you get the visa super easily.

Take Away

Immigration law is very complex. Hence, if you are looking to immigrate to the USA, it is better that you hire an immigration lawyer to help you out with all the paperwork. We hope that you find this article valuable. Stay tuned with The Legal Guides to get more relevant information on legal sectors.

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Lucia Patterson
Lucia Patterson

Lucia Patterson is the woman behind TheLegalGuides, a blog solely focused on legal guides, tips, and advice. Lucia is passionate about Legal and blog TheLegalGuides in her free time.

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