The Department of Homeland Security (DHS) is the federal cabinet-level department responsible for public safety. While many people associate the DHS with terrorist attacks, it actually shoulders a much broader set of responsibilities. Its stated missions include immigration and customs.
DHS is composed of three divisions, each of which has partial responsibility for the nation’s immigration laws:
- U.S. Citizenship and Immigration Services (USCIS). This division processes and examines citizenship, residency, and asylum requests from aliens
- U.S. Customs and Border Protection (CBP). This is the agency that patrols international borders (air, land, and sea), including enforcement of U.S. immigration and customs laws
- U.S. Immigration and Customs Enforcement (ICE). This is the principal law enforcement immigration agency. It enforces administrative violations of the Immigration and Nationality Act by detaining and deporting violators of U.S. immigration law
Does Immigration Law Govern Who Can Get a Visa to Visit the United States?
The first immigration service that foreign visitors to the United States will come into contact with is the USCIS. That is because the first step to entering the country is to obtain a visa – a type of permission from the U.S. to be allowed to come here. It is the USCIS that controls who gets a visa and who doesn’t. Visas can be nonimmigrant (that is, for visitors) or immigrant (for people moving permanently to the U.S. – that is, “green card” holders).
There are more than 30 types of nonimmigrant visas available. It is important to select the one that most closely matches the purpose of the visitor’s planned trip; an immigration attorney can be very helpful in determining which is the best selection.
Questions to be considered in choosing a visa include:
- How long will the visit be – will it be just a month, or will it be for some years? Some visas are good for 6 months, and others can be extended for as much as 7 years
- Will the visitor want to work while here? If so, is there an offer of employment pending? To work in the United States a visitor will need a visa that is especially designed for alien employment. The process of obtaining such a visa begins with the employer, who needs to apply to the USCIS for permission to hire the foreigner. Once that permission is given, the prospective employee can take the permission to their local U.S. embassy and ask that the visa now be stamped into their passport
- Does the visitor have some sort of special talent – is the visitor an athlete or a fashion model, a scientist with a PhD, or experience as a religious worker? Certain visitors can qualify for advantageous specialized visas
- Does the visitor plan to go to school in the U.S.?
Does Immigration Law Govern Who Gets Permanent Residence (Green Cards)?
A green card is also known as a permanent resident card. It is a card which is issued to individuals who have been granted Lawful Permanent Resident (LPR) status by the United States government. Green cards allow individuals to live and work permanently in the United States.
Despite its name, permanent residence can be taken away, for such things as:
- Failure to keep living in the U.S. (living outside the U.S. for more than a year can convince immigration authorities that you don’t intend to be a U.S. permanent resident anymore)
- If you committed fraud when obtaining the green card (by entering into a false marriage just for the purpose of getting the green card, for example)
- Being convicted of certain crimes. Not all criminal activities lead to the termination of green card status. These are the following cases where a person can be deported:
- Drug offenses, firearm offenses, and domestic violence offenses
- Trafficking of drugs, weapons, or humans
- Crimes involving “moral turpitude” such as murder, voluntary manslaughter, felony hit and run, child abuse, kidnapping, or animal cruelty
- Crimes that involve sabotage, treason, sedition, or espionage against the United States.
There are four principal ways which an immigrant can obtain a green card, including:
- Through employment
- Through marriage
- Through a relative
- By lottery
There are a few other special situations where an individual may apply for a green card, such as if they are a refugee, a human trafficking victim, or an abuse victim.
Does Immigration Law Governs Becoming a Citizen?
United States citizenship is what gives a person as many rights as the country has to offer under its laws, such as the right to vote and the right to petition for other family members to become permanent residents or citizens of the United States. Citizenship also imposes a number of obligations, such as serving on a jury when ordered to do so and paying taxes.
To become a citizen of the United States, the first requirement is that you must have been a permanent resident of the US for five years (three years if the way you are obtaining citizenship is through marriage to a U.S. citizen).
There are several other requirements:
- You must have the ability to read, write, and speak English
- You must have knowledge and understanding of United States history and government (this is shown by taking a test)
- You must have good moral character
- You must have an attachment to the ideals of the United States Constitution
- You must have a generally favorable disposition towards the United States
- You must be able to demonstrate that you have had, and will have, continued physical presence and residence in the United States
Does Immigration Law Govern Expelling Aliens Who Do Not Have Permission to Be Here?
Removal, formerly known as deportation, is the act of lawfully removing a foreigner from a country for violating a certain set of immigration laws. In the U.S., the detention and eventual deportation process are handled by Immigration and Customs Enforcement (ICE).
If immigration officials become suspicious of the immigrant’s activities or find evidence of some kind of crime or fraud, they’ll detain them at a detention center. These centers are located throughout the U.S. A case against the immigrant is then registered at an Immigration Court. In some cases the immigrant can leave the detention center after bail is posted.
Once a case has been registered against them, the alien must attend a hearing. If the hearing goes against them, ICE will issue a document known as the “Bag and Baggage” letter. It details when and where they are required to report so they can travel to their native country. The U.S. government covers the expenses. If they were on bail, they won’t be sent back to the detention center, and they can travel (with some restrictions). They can also leave on their own, which is known as “voluntary departure.”
If they ignore the Bag and Baggage letter, either knowingly or unknowingly, the case will be forwarded to the fugitive unit. A police force team will be tasked to track them down and arrest them. They can conduct the arrest anywhere, whether at work, at school, at home, or in public places. They will be taken to a detention center and kept in custody until travel arrangements are made.
The most common reasons for removal are (1) not having the permission to be in the country at all (that is, having entered illegally), and (2) failing to obey the terms of a visa – most commonly, this means staying past the expiration date of the visa.As noted above, foreigners who commit certain crimes can also be removed from the country.
Why Seek an Attorney’s Advice?
Complex and changing U.S. immigration laws can be particularly difficult to sort through and apply to your individual facts. An immigration attorney may help you with immigration issues in many ways: helping you identify which visas are better options for you; applying for a green card or for citizenship; or defending you if the government wants to remove you from the country.
For many foreigners, immigration law is especially difficult to interpret because of lack of experience with the U.S. legal system, cultural differences, or language barriers. A qualified immigration attorney will address not only your immediate needs, but also your long-term goals, and will guide you as to how you can best achieve them.
