Summit Law Office

The Basics of US Immigration Law

What is Immigration Law?

Immigration law governs when foreign nationals, citizens or nationals from other countries, are permitted to enter the United States and under what conditions they may live, work, or remain in the country. Eligibility for immigration benefits depends on an individual’s immigration status and circumstances.

To obtain an immigration benefit, applicants are generally required to submit the appropriate forms and supporting documentation to the federal government. In most cases, applications and petitions are filed with the U.S. Citizenship and Immigration Services (USCIS). Depending on the type of benefit being sought, however, the process may also involve 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 visa matters. The firm also handles select humanitarian cases, including asylum applications, DACA, and Temporary Protected Status (TPS).

If you have questions about your immigration options or individual circumstances, schedule a free 15 to 30-minute intake meeting or request an online form by contacting SummitLO@outlook.com.

How is the Immigration System Structured?

The United States immigration system is primarily governed by the Immigration and Nationality Act (INA), which establishes the rules that determine immigration status, eligibility for benefits, and the rights and responsibilities of noncitizens in the United States.

Immigration law is administered by several federal agencies, each with its own responsibilities and areas of authority. Depending on the type of immigration matter involved, individuals may need to work with multiple agencies throughout the process.

The following sections provide an overview of the principal agencies involved in the administration of U.S. immigration law and their respective roles.

• Department of State (DOS). The Department of State is responsible for international relations and foreign diplomacy. The agency also oversees U.S. embassies and consulates abroad. In immigration matters, the DOS primarily handles visas and travel for individuals outside the United States. Individuals seeking to enter the United States from abroad will often interact with the DOS during the immigration process.
• Department of Homeland Security (DHS). The Department of Homeland Security is one of the primary agencies responsible for administering and enforcing immigration laws and benefits. Several DHS sub-agencies play important roles in immigration matters, including Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS).
  • ICE. ICE is responsible for enforcing immigration laws within the United States. Its responsibilities include immigration investigations, detention, and removal operations.
  • CBP. CBP is responsible for enforcing immigration laws at United States borders and ports of entry. Its responsibilities include border security and the inspection and admission of individuals entering the country.
  • USCIS. USCIS administers immigration benefits and services. Most immigration applications and petitions are filed with USCIS, which reviews applications and determines eligibility for immigration benefits.
• Department of Justice (DOJ). The DOJ was established to uphold the rule of law in the US.
  • Executive Office for Immigration Review (EOIR). The Department of Justice oversees the Executive Office for Immigration Review (EOIR), which administers the nation’s immigration courts. Immigration courts are considered administrative courts since they operate under a government agency rather than the judicial branch. The immigration courts handle immigration proceedings such as removal/deportation.
  • Board of Immigration Appeals. The Board of Immigration Appeals (BIA) also falls under the EOIR. The BIA reviews decisions issued by immigration judges and serves as the highest administrative body responsible for interpreting and applying immigration law.

What is Immigration Status?

Immigration status is a legal classification or designation that describes why an individual is authorized to be in the United States and what rights and responsibilities accompany that authorization. Immigration status plays an important role in determining whether an individual may live, work, study, or remain in the country.

An individual’s immigration status is often established through an approved immigration benefit, such as a visa or green card, together with lawful admission into the United States through a port of entry.

Common examples of lawful immigration status include lawful permanent residents (green card holders), asylees and refugees, and nonimmigrant visa holders. A person’s immigration status is typically reflected in their passport, visa, I-94 record, or other immigration documents. United States citizens may establish citizenship through a United States passport or birth certificate.

Example. An individual who enters the United States for tourism may be admitted as a B-2 visitor for the period authorized by the government. This immigration status and period of admission can generally be found on the individual’s I-94 arrival and departure record or related immigration documents.

Illegal or Undocumented Immigrants:

Undocumented immigrants are individuals who reside in the United States without a current lawful immigration status. This category includes individuals who entered the country without being lawfully inspected and admitted, as well as those who were lawfully admitted but later remained in the United States beyond the period authorized by their immigration status.

In many cases, undocumented status results from an overstay of a visa or other temporary immigration benefit rather than an unlawful entry into the country. Regardless of how an individual became undocumented, the federal government may initiate removal or deportation proceedings based on the person’s lack of lawful status.

Directory

Family-Based Petitions

Lawful Permanent Resident

Employment Authorization