Understanding U.S. Immigration Law
Immigration law governs who may enter, work, and remain in the United States. The system includes various visa categories, paths to permanent residence, and citizenship requirements. Immigration law is federal, complex, and constantly evolving through legislation, executive orders, and policy changes.
Types of Immigration Status
Non-Immigrant Visas
Temporary stay for specific purposes:
- B-1/B-2: Business/Tourism
- F-1: Students
- H-1B: Skilled workers
- J-1: Exchange visitors
- K-1: Fiancé(e)
- L-1: Intracompany transfers
- O-1: Extraordinary ability
Immigrant Visas (Green Cards)
Permanent residence through:
- Family sponsorship
- Employment sponsorship
- Diversity lottery
- Refugee/Asylum
- Special immigrant categories
- Investment (EB-5)
U.S. Citizenship
Becoming a citizen through:
- Birth in U.S.
- Birth abroad to U.S. parents
- Naturalization after green card
- Derivation through parents
Requirements: 5 years residence (3 if married to citizen), good moral character, English/civics test
Family-Based Immigration
U.S. citizens and permanent residents can petition for family members:
- Immediate Relatives (No wait): Spouses, unmarried children under 21, parents of citizens over 21
- Preference Categories (Wait times): Adult children, siblings, married children
- Process: I-130 petition → National Visa Center → Consular processing or adjustment of status
Employment-Based Immigration
- EB-1: Priority workers (extraordinary ability, professors, executives)
- EB-2: Advanced degrees or exceptional ability
- EB-3: Skilled workers, professionals, other workers
- EB-4: Special immigrants (religious workers, etc.)
- EB-5: Investors ($1.8 million or $900,000 in targeted areas)
Deportation Defense
Options for those facing removal:
- Cancellation of removal
- Asylum/Withholding of removal
- Adjustment of status
- Voluntary departure
- Prosecutorial discretion
- Appeals to BIA and federal courts
When to Hire an Immigration Attorney
- Complex cases or prior denials
- Criminal history
- Deportation proceedings
- Employment-based petitions
- Investment visas
- Waivers needed
- Appeals or motions