In the United States, immigration laws are the set of laws that regulate how a person from outside the United States may qualify for a visa. Additionally, immigration laws also regulate under what circumstances an immigrant can be deported. It is important to note that there are many different kinds of temporary and permanent visas within the immigration system.
Immigrants who are already within the United States must abide by immigration laws. Most of the immigrants who legally reside within the United States have a green card, which is also known as a permanent visa. While immigrants with green cards may seek to be citizens, they must also avoid any illegal activities that may bring a deportation action against them.
United States citizenship is what gives a person as many legal rights that are available under the country’s laws. A United States citizen has several legal rights, including:
- The right to vote in federal and state elections;
- The right to petition immigration courts for other family members to be able to immigrate to the United States in order to become citizens as well; and
- The right to live in their home countries for a period of time without losing the right to return back to the United States.
It is important to note that citizenship also imposes a number of legal obligations, such as serving on a jury and paying taxes.
How Does an Individual Become a United States Citizen?
Naturalization is the legal term for the immigration process in which a person becomes a United States citizen. Naturalization is the only way in which a person can become a United States Citizen if they were not born a U.S. citizen, or if they did not acquire citizenship immediately after they were born. The naturalization process can often be lengthy and complicated, as the applicant is required to submit various forms and documents in order to prove their eligibility.
It is important to note that a person is considered to be a natural United States citizen by birth if they were born within the boundaries of the United States or United States territories. Additionally, those who are born abroad may be United States citizens at birth if both of their parents were United States citizens at the time of the child’s birth. Further, a person may also be a United States citizen at birth if one of their parents is a United States citizen, although this is subject to additional requirements.
There are several requirements that must be fulfilled in order to become a naturalized citizen of the United States:
- An applicant must have the ability to read, write, and speak English;
- An applicant must have a working knowledge and understanding of United States history and government;
- An applicant must have good moral character;
- An applicant must have attachment to the ideals of the United States Constitution;
- An applicant must have a generally favorable disposition towards the United States; and
- An applicant must have a continued physical presence or residence in the United States for a specified period of time. It is important to note that this period of time may vary according to visa specifics.
Submitting a visa application is the first step towards immigrating to the United States legally. Importantly, both permanent relocation or temporary short visits both require a visa that is to be approved by the government. If you are an immigrant within the United States, there are several different types of visas that you may be eligible for to continue to stay in the United States.
An immigrant visa is a document that permits a foreign citizen to enter the United States and apply for permanent residency. Typically, immigrant visa holders have a general intent to relocate to the United States permanently, and as such are granted extensive rights, including the legal right to work in the country and obtain United States citizenship.
There are three main types of immigrant visas:
- Family Based: Family based visas are issued to immediate relatives, close family members, fiancés, and others who are closely related to an individual working within the United States for reunification purposes;
- Employment Based: Employment based visas are issued to employers who can then petition for a worker to relocate permanently to the United States; and
- Special Immigrants: Special immigrant visas are issued to certain categories of employees, such as religious workers, professional athletes, or applicants from certain countries.
As a nonimmigrant, the United States Citizenship and Immigration Services (“USCIS”), must grant you your visa. Nonimmigrant visas are visas that are commonly given to students, business travelers, and tourists.
If you are a non-immigrant that lives outside of the U.S. and wish to come to the United States either for business or travel, you will likely be eligible to receive a temporary visa. A temporary visa will allow you to travel to the United States for a short period of time. At the time of the expiration of the temporary visa, you must then leave and return to your home country.
Information regarding the length of a person’s stay and the expiration date of their nonimmigrant visa can be found on Form I-94, which is provided when an individual enters the country. Importantly, all provided guidelines must be adhered to strictly, and a valid passport is required.
What Is the Immigration Act of 1990?
The Immigration Act of 1990 is one of the major immigration laws that regulates United States immigration. The passage of the Immigration Act resulted in an increase in the total number of people that may immigrate to the United States every year by expanding the types of visas available and creating the visa lottery system.
The Immigration Act also accomplished the following:
- The Act introduced revisions for exclusion and deportation policies;
- The Act authorized temporary protected status for persons that were from certain designated countries;
- The Act revised and established several new non-immigrant categories for admission into the United States;
- The Act expanded the Visa Waiver Program; and
- The Act reviewed the naturalization requirements to determine if further changes were needed.
What Is the Green Card Lottery Program?
In addition to the above expansions of immigration laws, the Immigration Act of 1990 also created a green card visa lottery program that randomly assigns visas to persons depending on their country of origin and immigration statistics from the previous five years. This lottery system is also commonly referred to as the Diversity Immigrant Visa Program.
The green card lottery system is based on diversity and equality. This means that the region that sent the most individuals to the United States over the last five years receives the lowest percentage of green cards, whereas the region that sent the least amount of individuals to the United States over the last five years receives the highest percentage of green cards. From there, the countries within that region receive a percentage of green cards based on their population.
In 2021, the United States Department of State noted that more than 11.8 million individuals applied for the green card lottery. Out of that 11.8 million, approximately 132,404 applicants were registered and notified that they had won the green card lottery. Then, of those applicants, the first 50,000 to register after being notified of their registration in the green card lottery system were the lottery winners for the year.
It is important to note that the reason that more than 50,000 individuals are notified of their ability to make an application for an immigrant visa through the lottery system is because not every individual that is notified actually completes the application process.
What Types of Visas Were Introduced by the Immigration Act of 1990?
In addition to reforming immigration policies, the Immigration Act of 1990 also created several new visa categories and revised some of the existing ones. In particular, the Act created five employment-based visa categories (“EB” visas) while also addressing the four categories under the family-sponsored preference categories. These nine visa categories are collectively referred to as the “Preference System” for visa applications.
The five employment-based visa preference categories are:
- EB-1: This is the category for immigrants with extraordinary abilities or talents;
- EB-2: This is the category for immigrants possessing an advanced education degree or demonstrating an exceptional ability in the arts, sciences, or business;
- EB-3: This is the category for immigrants with at least 2 years experience as a skilled worker, professionals with a bachelor’s degree, or persons who are able to perform skilled labor in a field for which qualified workers are not readily available in the United States;
- EB-4: This is the category for immigrants who are special immigrant religious workers, such as priests or ministers; and
- EB-5: This is the category for immigrants who are foreign investors.
The four different family-sponsored preference categories for United States visas are:
- Visas for unmarried children of United States citizens;
- Visas for spouses, children, and unmarried children of lawful permanent residents;
- Visas for married children of United States citizens; and
- Visas for siblings of United States citizens.
It is important to note that each of the above preference categories may be subject to various limitations and regulations that can change every year. This is due to the fact that United States immigration agencies often limit the approval of visas based on the numbers of visas issued to each particular country of origin in previous years.
Additionally, each visa preference category is also associated with different filing requirements and processing times. For example, there are various waiting periods and quotas for family-based visa applications.
Do I Need a Lawyer for Help With the Immigration Act of 1990?
If you have questions regarding the Immigration Act of 1990, you should consult with an experienced immigration lawyer. An experienced immigration attorney can help answer your questions about the various immigration laws and policies, as well as assist you with the legal immigration process.
An attorney can also help you compile the necessary application information and evidence. Finally, an attorney can also represent you in court, should there be any necessity for an immigration hearing.
