Immigration Laws
Immigration law is governed at the federal level in the United States. It regulates all issues related to immigration to America, including:
- Whether a person is an alien
- The rights, duties, and obligations of an alien
- The process aliens must follow to reside in the U.S.
- The process aliens must follow to become U.S. citizens
- The process by which a non-citizen can seek asylum
The Immigration and Nationality Act of 1952
Immigration law has existed in America since the initial federal immigration statute, the Naturalization Act of 1790, was introduced. The prevailing immigration law is the Immigration and Nationality Act of 1952. This act created the Immigration and Naturalization Service (INS), the federal agency responsible for immigration law enforcement.
After 9/11, the Department of Homeland Security replaced the INS. This department has three agencies:
Encouraging worldwide citizenship and immigration
The Immigration Act of 1990 replaced highly restrictive immigration and naturalization laws that put a quota system in place for certain nationalities. The 1990 act equalized visa allocation across foreign countries.
Protecting against illegal immigration
Not everyone coming into the United States abides by its immigration laws. Therefore, federal statutes have been put in place to protect against illegal immigration. The Immigration Reform and Control Act of 1986 introduced severe criminal sanctions against employers hiring illegal immigrants. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 regulates the process of alien entry into the United States.
Citizenship and immigration
A person can become a United States citizen through birth or the process of naturalization. Immigrant aliens must use the naturalization process to gain citizenship. The Immigration and Nationality Act of 1952 regulates this process.
In order to file a citizenship application, an alien must meet the following requirements:
- Be at least 18 years old
- Hold a valid green card
- Reside in the U.S. for five years immediately preceding the date of his or her naturalization application, or three years if he or she is married to a U.S. citizen
If the alien meets all three requirements, he or she may file a citizenship application with the USCIS. Ultimately, the applicant must take and pass a citizenship test.
Relatives of U.S. citizens
Different immigration and natrualization laws apply if an alien has a parent who is a U.S. citizen or the alien is married to a U.S. citizen. In these cases, the USCIS reviews the alien's citizenship application and decides whether to grant citizenship. If citizenship is denied, the applicant can file an appeal and ask that another officer review the application. If this second decision also results in citizenship denial, the applicant can take the matter to the U.S. District Court.
Contact Berger & Berger, your immigration law firm
U.S. immigration and naturalization laws are complex. With offices throughout New York State and in Atlanta, Berger & Berger is ready to help you with your immigration or naturalization issue, including business and individual visas, procedures, applications, and more. Call the firm's main office at (716) 568-4451 or just use the Quick Contact box on your screen.
