Summit Law Office

General Information

What is Immigration Law?

Immigration law governs when foreign nationals, citizens from other countries, are authorized to come to the United States. Importantly, US immigration law controls who is permitted to reside and/or work in the US and for how long. In order to receive an immigration benefit, an individual must typically file the proper form with the government. In most cases, an individual will file their application or petition with the US Citizenship and Immigration Services (USCIS). In some cases, you may need to go through the Department of State (DOS) or the Department of Justice (DOJ).

The practice of immigration law is can be broken down into several categories. See the directory below for more information on the different areas of immigration. These categories are:

• Family-based immigration;
• Employment-based immigration;
• Naturalization & citizenship;
• Detention & deportation/removal; and
• Different forms of humanitarian relief.

Summit Law Office primarily focuses on family-based immigration, citizenship, and visas. Summit Law Office also handles certain humanitarian cases such as asylum, DACA, and TPS. For any questions about your circumstances, schedule a free 15-minute intake meeting or request an online intake form from SummitLO@outlook.com.

How is the Immigration System Structured?

The US’s immigration system is largely governed by the Immigration and Nationality Act (INA). The INA contains various provisions that determine an individual’s immigration status and affect their rights and duties while in the US. Immigration law is administered and managed by multiple government agencies. Each agency handles a different immigration area. Depending on the nature of your issue, you may need to interact with multiple agencies. The following list describes each relevant agency and what it does.

• Department of State (DOS). The DOS is responsible for international relations and foreign diplomacy. It manages consulates and embassies located in other countries. For immigration matters, the DOS handles visas and travel for individuals abroad. Individuals looking to come to the US will likely go through the DOS.
• Department of Homeland Security (DHS). The DHS is one of the central agencies that handles immigration-related matters. The DHS has three sub-agencies important to immigration matters. These are Immigration and Customs Enforcement (ICE); Customs and Border Protection (CBP); and US Citizenship and Immigration Services (USCIS).
  • ICE manages the enforcement of immigration laws within the US. This includes immigration enforcement, investigations, detention, and deportation.
  • CBP manages the enforcement of immigration laws at US borders. This includes border control and border security.
  • USCIS manages immigration services and benefits. The USCIS is generally where you will file applications and paperwork. USCIS will process immigration applications and determine whether they are approved.
• Department of Justice (DOJ). The DOJ was established to uphold the rule of law in the US. The Executive Office for Immigration Review (EOIR) is a sub-agency of the DOJ that handles immigration-related cases. Importantly, the immigration courts fall under the EOIR and are thus considered administrative courts. The immigration courts conducts immigration proceedings such as removal/deportation. The Board of Immigration Appeals (BIA) also falls under the EOIR. The BIA primarily reviews immigration court decisions, and it is considered the highest administrative body for interpreting and applying immigration law.

What is Immigration Status?

Immigration status is a classification or designation of people coming to the US. It explains the purpose for which a person is authorized to be in the US. Status is important for the management of people coming to the US and for determining their rights. An individual’s status is typically determined by applying for an immigration benefit, such as a visa or green card, and being lawfully inspected and admitted at a US port-of-entry.

Some examples of legal status include lawful permanent residents (green card holders), asylees or refugees, and visa holders. Documents that indicate one’s legal status typically include one’s passport or immigration documents. US Citizens who do not have passports may prove their citizenship status with a birth certificate.

Example. An individual who comes to the US for tourism would have the status of a B-2 non-immigrant visa holder for the duration authorized. This status ca be found on your I-94 record or notices from the appropriate agency, like USCIS.

Illegal or Undocumented Immigrants
Undocumented immigrants refer to individuals who reside in the US but do not have a current lawful immigration status. Although this category of immigrants includes individuals who crossed the border without proper inspection and admittance, it also includes immigrants who have overstayed their legal status. In fact, some studies indicate that over a third of undocumented immigrants are those who have overstayed their visas. In either case, the government may take action to remove or deport the individual.

Reminders & Resources

USCIS Website
The USCIS website (https://www.uscis.gov/) contains a wide array of resources and tools pertaining to immigration. Current applicants can check the status of their immigration application. The website also includes news and information about immigration processes.

Visa Bulletin
The Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) is published by the Department of State and shows the current visa availability and priority dates.

ICE Detainee Locator
If you are trying to find an individual who has been detained by ICE, you may try using the online detainee locator system (https://locator.ice.gov/odls/#/search). This locator allows individuals to search for detainees by using the detainee’s A-number or biological information.

EOIR Court Case Status
Individuals who are currently in immigration proceedings may information about their case by using the EOIR’s automated case information system (https://acis.eoir.justice.gov/en/).

Pro Bono Attorneys
The EOIR compiles a list which contains information about organizations that provide pro bono services. This list can be found on the EOIR’s website (https://www.justice.gov/eoir/list-pro-bono-legal-service-providers).

Summit Law Office, PLC also provides pro bono services and reduced prices for certain clients and cases. You may consult with attorney Pao if you are seeking pro bono services or reduced costs.

Directory

Family-Based Petitions
Lawful Permanent Resident