Welcome to LegalAdvice.com expert page on the topic of Immigration Law. Immigration Law covers many topics including how to obtain legal entry into the United States of America, how to obtain U.S. Citizenship, how to obtain Permanent Resident Status, how to acquire Temporary Visas, Seek Asylum and more.
Immigration law refers to the body of law that governs for residing in the domestic territory of the United States of America. The rules are set out in federal statutes and judicial precedents that establish the process for entering the country. The existing U.S. immigration law is primarily established by the passage of the ‘Immigration and Nationality Act’ of 1952. (“INA,” codified at 8 U.S.C. §1101 et.seq.) The unlawful entry into the United States of America may lead to the deportation of such unlawful entrant after a judicial hearing that mandates expulsion of the person or persons.
A voluntary request by a non-citizen to be recognized to become a legal member of the United States of America requires a person to give their allegiance to the United States of America and are therefore also entitled to the protection of those U.S. laws that are granted to citizens of the United States by birth. The process of requesting citizenship demands that such person or persons will petition the United States for approval before being granted their rights and responsibilities as citizens. The process to apply for U.S. Citizenship through Naturalization requires filing completion of an application, extensive background checks and recitation of an oath to follow the laws of the United States of America. 8 U.S.C. 1427 outlines the ‘Requirements of Naturalization’ and details the application for naturalization.
A person that holds a ‘Green Card‘ is allowed to be a permanent resident of the United States, with rights to apply for U.S. citizenship at a later date. A ‘Permanent Resident Card’ also known as a ‘Green Card’ is issued to a permanent resident to demonstrate as proof that they are in fact authorized to live and work in the United States of America. 8 U.S.C. 1255 outlines the process for ‘Adjustment of Status of a Non-Immigrant’ to that of person admitted for permanent residence and details the process for Application of a Green Card.
Many thousands of non-citizens apply for asylum, or protection from persecution from a foreign country every year. The laws that govern these asylum petitions. 8 U.S. Code § 1158 outlines the authority to apply for asylum and the commiserate burden of proof required to make a valid claim and details the process to apply for Asylum by filing a Form I-589, Application for Asylum and for Withholding of Removal.
To qualify for refugee status in the United States, a person must be outside of their homeland, and has a well-founded fear of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion. In addition, the person is not allowed to be an immediate relative of a U.S. citizen or a special immigrant. A person applying to for refugee status must first get a referral from the United Nations Refugee Agency (UNHCR) or the U.S. Embassy. 8 U.S. Code § 1157 outlines the authority to apply for admission as a refugee and details the process for application.