Immigration Law

Last reviewed on April 27, 2026.

Understanding US immigration law

US immigration law is entirely federal. State and local rules can affect things like driver's licences and access to benefits, but who may enter the country, on what terms, and for how long is decided in Washington. The core statute is the Immigration and Nationality Act (INA), supplemented by federal regulations, agency guidance, and a substantial body of court decisions.

Three executive branch agencies do most of the day-to-day work: USCIS handles benefit applications (visa petitions, green cards, naturalisation); CBP staffs ports of entry and decides who is admitted at the border; ICE enforces immigration law inside the country, including detention and removal. The Department of State issues visas through US embassies and consulates abroad. Removal cases are heard by an immigration judge in the Executive Office for Immigration Review (EOIR), with appeals to the Board of Immigration Appeals (BIA) and ultimately the federal courts.

Three concepts repeatedly trip up newcomers to the system. First, the difference between a visa (a document that lets you ask to enter the US) and status (your legal classification once you are admitted) — they are not the same. Second, the difference between a petition (filed by the sponsor, usually a family member or employer) and an application (filed by the beneficiary) — most cases require both, in sequence. Third, the role of priority dates in family- and employment-based green-card categories: a petition can be approved years before a visa number is actually available.

Types of Immigration Status

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

Why criminal history matters so much

An arrest, conviction, or even certain plea bargains can have immigration consequences far more severe than the criminal sentence itself. Some offences are classified as "crimes involving moral turpitude" or "aggravated felonies" under the INA — labels that can trigger inadmissibility, mandatory detention, deportation, and a permanent bar on returning. Importantly, a conviction's immigration weight does not always match its weight under state criminal law: an offence that is a misdemeanour in state court can be an aggravated felony for immigration purposes. Anyone who is not a US citizen and is charged with a crime should ensure their criminal defence lawyer either has immigration training or co-counsels with an immigration attorney. The Supreme Court's Padilla v. Kentucky decision requires defence counsel to advise non-citizen clients about the immigration consequences of a plea.

Removal proceedings in outline

Most removal cases follow the same procedural shape. The case begins when the government issues a Notice to Appear charging the person with one or more grounds of inadmissibility or deportability. The respondent appears at a master calendar hearing, where the judge confirms charges and sets timing for any applications for relief. Relief from removal — cancellation of removal, asylum, withholding, adjustment of status, or various waivers — is then heard at one or more individual hearings, where evidence and testimony are presented. The judge decides whether the respondent is removable and, if so, whether any relief applies. Either side can appeal the decision to the BIA, and limited further review is possible in the federal courts of appeals.

Common pitfalls to avoid

• Overstaying a visa. Even a single day of unlawful presence can have downstream consequences; more than 180 days can trigger a 3-year bar on return, and more than a year can trigger a 10-year bar.
• Working without authorisation. Employment without permission can disqualify a person from later adjustment of status under most categories.
• Filing your own complex case. The agency forms look approachable, but errors in a petition can result in a denial that takes years and significant money to undo.
• Missing a hearing. Missing an immigration court hearing usually results in an in absentia removal order, which is hard to reopen.

When to hire an immigration attorney

• Any criminal arrest, citation, or plea negotiation if you are not a US citizen.
• Removal proceedings, even at the first master calendar hearing.
• Cases with a prior denial, prior removal, or unlawful presence.
• Employment-based petitions, especially those that require labour certification.
• Asylum applications, where missed deadlines (the one-year filing rule) and inconsistent statements can be fatal.
• Investment visas (EB-5, E-2) and other categories with substantial fees and long timelines.
• Any waiver application — they typically require detailed factual narratives and supporting evidence.

The find a lawyer page explains how to locate an immigration attorney through state bar referral services. For low-cost or free help, the legal aid resources page lists nonprofits that handle immigration cases.