Understanding Key Government Agencies and Their Roles in Immigration

Understanding these agencies' functions simplifies your immigration process.

Whether you are looking at reuniting with your family members in the U.S. or are pursuing a permanent residency, this article is a helpful guide.

Government Agencies Involved with Immigration

The federal government handles enforcing U.S. immigration laws. For instance, the Immigration and Nationality Act (INA) is the primary legal resource governing admissions of noncitizens into the United States. The INA also issues sanctions for those who violate immigration laws.

Various U.S. government agencies handle immigration matters. Each has a specific role in handling migrants coming into the United States.

The U.S. Department of Homeland Security (DHS)

The U.S. Department of Homeland Security (DHS) is a crucial U.S. government agency. DHS plays a vital role in the administration of the immigration system in the United States.

U.S. Citizenship and Immigration Services (USCIS)

Created in 2003, the U.S. Citizenship and Immigration Services (USCIS) is a branch of the DHS. USCIS handles all immigration-related applications and authorizations for foreign people inside the United States. This includes:

• Asylum applications
• Naturalization applications
• Refugee applications
• U.S. visa petitions

DHS also manages other immigration functions, such as:

• Employment-based petitions. The USCIS oversees immigration of foreign workers through different employment-based visa categories. This is crucial for U.S. employers hiring workers with specialized skills and knowledge. The process often requires sponsorship from a U.S. employer. Employers need to prove that they can't fill the job with workers in the United States.
• Family-based petitions. The USCIS plays a vital role in family reunification. They handle petitions filed by lawful permanent residents and U.S. citizens to have their family members migrate to the United States. The family-based immigration category includes fiances, spouses, children, parents, and other family members.
• Asylum and refugee applications. The USCIS also processes asylum applications. Asylum applications are for people seeking protection from persecution in their home countries. The fear of harm is often based on their race, religion, nationality, political opinion, or membership of a particular social group.
• Naturalization. Naturalization is the process by which a foreign national becomes a U.S. citizen. The USCIS oversees this process. It ensures that the applicants meet the eligibility requirements to become U.S. citizens.

U.S. Immigration and Customs Enforcement

U.S. Immigration and Customs Enforcement (ICE) is the major investigative arm of DHS. ICE is the law enforcement agency that identifies and shuts down vulnerabilities at the border. It also handles transportation and infrastructure security. ICE has authority over illegal immigrant detention and removal.

U.S. Customs and Border Protection (CBP)

A branch of the DHS, the U.S. Customs and Border Protection is the single unified agency that protects the borders and ports of entry to the United States. CBP includes customs inspectors, immigration inspectors, and agriculture inspectors at the nation's entry points, borders, airports, and seaports. The CBP seeks to help the flow of legitimate trade and travel through points of entry into the United States.

Executive Office for Immigration Review (EOIR)

The EOIR is a sub-agency of the U.S. Department of Justice. This agency oversees immigration courts, DHS adjudications, and the Board of Immigration Appeals (BIA). It also conducts appellate reviews, administrative hearings, and immigration court proceedings.

U.S. Department of Labor

When hiring foreign workers, U.S. employers should get "labor certification." Employers apply for this certification through the Department of Labor. All U.S. employers should also verify the employment authorization of the hired workers. They can do so by filing a Form I-9, the Employment Eligibility Verification form.

U.S. Department of State

The U.S. Department of State is vital in handling immigration matters outside the United States. For instance, its U.S. embassies and consulates process U.S. visas for foreign nationals traveling to the United States. It also plays a vital role in shaping immigration policies through diplomatic efforts.

Categories of U.S. Visas

In general, there are two main categories of U.S. visas: nonimmigrant visas and immigrant visas.

Nonimmigrant Visas

Foreign nationals seeking temporary authority to enter the United States get nonimmigrant visas. The goal of nonimmigrant travelers is to come to America for tourism, medical treatment, business, or other types of temporary work. Nonimmigrant visa applicants file directly to the U.S. embassy or consulate in their home countries.

Immigrant Visas

Immigrant visas are for foreign nationals intending to live and work permanently in the United States. In most cases, a family member or a U.S. employer sponsors or files a petition on their behalf. The USCIS processes the application or petition.

Seek Legal Advice from an Immigration Attorney

Know the government agencies involved if you and your family need an immigrant or nonimmigrant visa to come to the United States. From DHS to the U.S. embassy, each plays a key role in your immigration process. To ensure you are making informed decisions, seek the legal advice of an experienced immigration lawyer near you.

Immigration attorneys can give personalized guidance tailored to your case. They can help you understand the steps to get legal status to come to the U.S. and understand the roles of these agencies. You don't have to navigate this complicated journey alone. You can contact an immigration attorney and get lawful authority to come to the United States.