Immigration Law: Visas, Green Cards, and Citizenship

Immigration Law Guide

The Immigration System

U.S. immigration is governed primarily by the Immigration and Nationality Act (INA), administered by three agencies:

USCIS (U.S. Citizenship and Immigration Services): Processes applications for visas, green cards, and citizenship

CBP (Customs and Border Protection): Controls the borders and ports of entry

ICE (Immigration and Customs Enforcement): Handles interior enforcement and deportation

Nonimmigrant Visas (Temporary)

B-1/B-2: Business visitors and tourists (up to 6 months)

F-1: Students attending academic institutions

H-1B: Specialty occupation workers (3 years, extendable to 6)

J-1: Exchange visitors (students, scholars, trainees)

L-1: Intracompany transferees

K-1: Fiancee(e) of U.S. citizen (90 days to marry and adjust status)

Immigrant Visas (Permanent)

Family-Based: U.S. citizens can petition for immediate relatives (spouse, parents, unmarried children under 21) with no visa number limits. Other family categories have annual limits and long backlogs.

Employment-Based: Five preference categories (EB-1 through EB-5) for workers and investors.

Diversity Visa Lottery: 55,000 visas annually for nationals of countries with low immigration rates.

Deportation (Removal)

Grounds for deportation include:

Entering without inspection

Visa overstay

Criminal convictions (aggravated felonies, crimes involving moral turpitude)

Fraud or misrepresentation

Defenses: Cancellation of removal, asylum, withholding of removal, Convention Against Torture protection

Naturalization

To become a U.S. citizen through naturalization, you must:

Be 18 or older

Be a green card holder for 5 years (3 if married to a U.S. citizen)

Be physically present in the U.S. for at least half the required period

Demonstrate good moral character

Pass English and civics tests

Take the Oath of Allegiance