Understanding U.S. Immigration Law and Naturalization

U.S. immigration and naturalization law is a complex legal landscape. It contains a wide range of rules that apply differently, depending on the visa category that you're applying for.

From getting a U.S. visa to travel to the United States for a short period to securing a lawful permanent residence to becoming a U.S. citizen through naturalization, the immigration laws are your guidebook to this journey.

This article offers a detailed overview of the various aspects of U.S. immigration and naturalization. It aims to make the process more understandable and offers guidance on important immigration matters.

Immigration and Naturalization

Immigration law includes rules and guidelines about foreign nationals coming to the United States to travel, study, live, or work. Meanwhile, naturalization law governs how foreign nationals get U.S. citizenship.

People who have never interacted with the immigration system often express surprise at the options available for those wishing to come to the U.S. For instance, there are B1/B2 visas for temporary visitors coming to the U.S. temporarily for business or work. Then, there's an F-1 student visa and a J-1 visa for exchange visitors.

See FindLaw's article on temporary visas for a more detailed list of visas the U.S. government offers.

Each visa category has varying documentation requirements that you must submit. It often starts with filing an application form for the visa category you would like to get. In most cases, you will also get asked to attend a visa interview. You'll also have to undergo biometrics screening before you get the authority to enter the United States.

Many immigrants arrive in the U.S. with a visa, which allows them to stay for a limited time and purpose. These temporary U.S. visas are also called nonimmigrant visas. Some come to the U.S. holding permanent resident visas or a "green card." Compared with temporary visas, a permanent resident visa allows you to stay in the U.S. indefinitely.

There's also the process called adjustment of status. After meeting specific eligibility requirements, a nonimmigrant visa holder may file an Application to Register Permanent Residence or Adjust Status (Form I-485).

In most cases, green card holders who have lived in the U.S. continuously for a certain period may become U.S. citizens through naturalization. The process often begins when the green card holder files an Application for Naturalization (Form N-400 application).

There are eligibility requirements to become a naturalized U.S. citizen. For instance, U.S. immigration laws need the person to be of good moral character and to take an oath of allegiance to the United States. The applicant will also undergo a naturalization interview and take English and civics tests. For more information on getting U.S. citizenship, read this article about how to become a naturalized U.S. citizen.

Overview of the U.S. Immigration System

The U.S. immigration law is primarily based on the following principles:

• Family reunification
• Admission of migrants with skills beneficial to the American economy
• Protection of refugees
• Promoting diversity

The Immigration and Nationality Act governs immigration and naturalization law.

INA allows up to 675,000 permanent immigrant visas across different categories every year. But, there's no numerical limit on the admission of parents, spouses, and children (under 21) of U.S. citizens. Also, the U.S. president must collaborate with Congress to set the annual number of refugees allowed to enter the U.S. through the U.S. Refugee Admissions Program.

The U.S. Citizenship and Immigration Services (USCIS) is an agency of the Department of Homeland Security (DHS). The USCIS oversees the lawful immigration of foreign nationals into the United States. Some of the basic steps to expect when seeking authority to enter the U.S. are:

1. Fill out an application form. You must fill out an application for the visa category you are attempting to get. You can access the complete list of application forms on this USCIS website.
2. Submit your application form and necessary documents. After filing the application form, you must submit it to the corresponding U.S. government agency. It can be the USCIS for visa applications filed within the country or at a U.S. embassy or U.S. consular office in your home country. Besides the application form, you also have to submit the required documents.
3. Pay filing fees. You have to pay a filing fee along with your U.S. visa application.
4. Attend your biometrics appointment. The biometrics appointment is the U.S. government's way of conducting background checks for all visa applicants. Here, an immigration or USCIS officer will collect your pictures, fingerprints, and other relevant information.
5. Schedule and attend a visa interview. You must also take part in the visa interview. The interview will happen at the U.S. embassy in your home country or a USCIS office.

Family Based Immigration

One of the most essential principles governing U.S. immigration laws is family reunification. Through family-based immigration, LPRs and U.S. citizens may live with their family members in the United States. Every year, the U.S. government issues unlimited visas to the immediate relatives of U.S. citizens.

But prospective recipients of these family-based immigrant visas should still meet eligibility standards. The petitioner should also meet the age and financial requirements.

Employment-Based Immigration

U.S. immigration policy has different ways for immigrants with specialized skills to come to the U.S. temporarily or permanently.

Temporary Employment Visa

Temporary employment-based visas allow employers to petition and hire foreign nationals for particular jobs for a limited period. Most temporary workers have limited capacity to change jobs and must work for the U.S. employer who petitioned for them.

Permanent Employment Visa

Permanent employment-based immigration allows migrant workers to work and live in the U.S. indefinitely. The U.S. issues these visas based on applicants' employment qualifications. It categorizes them according to their skills and level of qualification.

Compared with temporary employment visas, permanent employment visas provide migrants more flexibility when applying. They are not limited to working with the U.S. employee who filed the petition. They can change jobs and may file naturalization applications.

Refugees and Asylees

Refugees enter the U.S. when they can't safely return to their home country because of a credible fear of persecution. This fear of persecution is often grounded in their religion, race, national origin, political opinion, or membership in a particular social group. The admission of refugees and asylum seekers may be based on specific criteria, including the level of danger they face.

Seek Legal Help from an Immigration Lawyer

U.S. immigration and the naturalization process involve various rules and evolving regulations. Each visa category may need different eligibility requirements. The steps to follow may vary. These laws are intricate and ever-changing. Seek legal advice from an immigration attorney or naturalization attorney.

An immigration attorney can give legal guidance to solve some immigration issues you and your family face. They can guide you through the application process and ensure you follow legal requirements. Whether you are looking to file a citizenship application or have a pending immigration case with the immigration court, an experienced immigration lawyer can provide legal services to help you with your case.

FindLaw has a directory of immigration law attorneys and law offices in every state and city.

Related Articles

Understanding U.S. Visas

This article provides a comprehensive guide on different U.S. visa categories that you can get. For instance, nonimmigrant, immigrant, dual intent visas, and more. It also explains their purpose and discusses the role of the different U.S. government agencies in the visa application process.

Temporary Visas

This article details the different types of nonimmigrant visas for people looking to enter the U.S. temporarily. The article describes the eligibility requirements, validity, application fees, and more.

Employment Visas

This article discusses the different employment-based visa types for foreign nationals looking to work in the United States. It details immigrant and nonimmigrant employment visas. It also outlines their eligibility requirements and the application process.

U.S. Visas for Family-Based Immigration

This article explains the requirements and process for family members of permanent residents and U.S. citizens to migrate to the United States.

Deportation

This article details the process and grounds for the deportation or removal of foreign nationals from the United States. It describes the rights of foreign nationals facing deportation and the stages of the deportation process.