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Quick Guide to Immigration Law

There are many people who express an interest in immigrating to the United States every year. Legal immigration is controlled by United States immigration law, from the time someone goes to get their visa to the time they are awarded US citizenship.

United States Immigration Visas

There are two classifications of visas you can use to travel to the United States: immigrant visas and nonimmigrant visas.

  • Immigrant Visa: Issued to individuals who intend to become legal permanent residents with a green card or a resident alien status. Most who hold this visa will eventually become a US citizen.
  • Nonimmigrant Visas: Issued to people who want to spend time in the United States, but intend to eventually return to their country of origin. This includes people who are visiting relatives, on vacation, or studying in the US.

Alien

It's important to know what "alien" actually means. Legally speaking, aliens are not creatures from out of space. "Alien" was defined in the Immigration and Nationality Act of 1952 as an individual who is not a citizen or national of the United States. An illegal alien is a person who is living in the United States without the proper legal documents. Individuals who have violated the terms of their legal documents are also considered to be illegal aliens. 

United States Citizen

Many people who immigrate to the United States plan to become U.S. citizens. This process is administered by the Bureau of Citizenship and Immigration Service (BCIS). The most common path to US citizenship starts with an immigrant visa. After living in the US for five years, immigrant visa holders are eligible for legal permanent resident status. During this time, those seeking US citizenship cannot spend over six months, annually, in a country other than the United States or they have to start the residency period over.

Immigration Law

Anyone considering immigrating to the United States needs to know that the Immigration and Naturalization Act (INA) permits only 675,000 permanent immigrants each year. That sounds like a lot, but in reality, it leaves thousands of people on waiting lists each year. There are some exceptions, for example, close family members or refugees may be admitted beyond the 675,000 limit. Immigration to the United states is determined by reuniting families, admitting individuals with skills important to the American economy, and encouraging diversity.

US Immigration Reform Changes

This is something that has been attempted several times in recent history. In 2013, a group of US senators announced principles for comprehensive immigration reform. They introduced senate bill 744. It was approved by the U.S. Senate, but has not been brought before congress for a vote. President Barack Obama signed an executive order in 2014 designed to temporarily prevent some illegal immigrants from being deported. U.S. Immigration reform changes remains an important issue for both political parties. If you're working toward your citizenship, be sure to continue to educate yourself so that you have the most recent information.

Last Updated: February 19, 2015