Immigration law essay- Assignment Help
The U.S. immigration laws are based on these principles: the reunification and admission of immigrants with skills that can be used in the U.S. economy. It also protects refugees and promotes diversity. This fact sheet provides information on the U.S. legal immigration system and how it works.
The Immigration and Nationality Act (INA) is the body of U.S. law that governs U.S. immigration policy. The INA permits the United States to issue up to 675,000 permanent visas to immigrant workers each year in various visa categories. The INA does not limit the number of U.S. citizens who can be admitted to the country each year, including their spouses, parents and children younger than 21 years. Each year, the president must consult Congress to determine the number of refugees that can be admitted to the United States via the U.S. Refugee Admissions Program.
A person who obtains an immigrant visa to enter the United States becomes a lawful permanent residence (LPR) once they have obtained it. Noncitizens who are already in the United States may be eligible to obtain LPR status by “adjustment” of status.
LPRs can apply for almost all jobs, i.e. jobs that are not legally restricted to U.S. citizens, and they can stay in the country even if unemployed. LPRs can apply for U.S. citizenship after they have been living in the United States for at least five years, or three in certain circumstances. Without first becoming an LPR, it is not possible to apply for citizenship using the normal process.
The United States admits many non-citizens each year. These “nonimmigrant” visas can be granted to anyone, from tourists to students to workers who are allowed to stay in the country for many years. Certain employment-based visas have annual caps. However, non-immigrant visas such as student and tourist visas don’t have numerical limits.
I. I. Family-Based Immigration
U.S. immigration policy is based on the principle of family unification. U.S. citizens as well as LPRs can bring certain family members into the United States under the family-based immigration system. Family-based immigrants can be admitted as U.S. citizens’ immediate relatives or via the family preference system.
There are unlimited visas available each year to the immediate family members of U.S. citizens. This category requires that prospective immigrants meet the standard eligibility criteria. Petitioners must also meet certain financial and age requirements. These are the immediate relatives:
Spouses of U.S. Citizens; minor children unmarried of U.S. Citizens (under 21 years of age);
Parents of U.S. citizens (petitioner has to be at least 21 years-old in order to petition for a parent).
The family preference system only allows for a limited number of visas each year. The family preference system requires that prospective immigrants meet the standard eligibility criteria. Petitioners must also meet certain financial and age requirements. The family preference system comprises:
Adult children (married and unmarried) as well as brothers and sisters of U.S. Citizens (petitioner must at least 21 years of age to petition for a sibling); and spouses, unmarried children (minor or adult) of LPRs.
Congress created a complex system to calculate the number of family preference visas available for each year in order to balance the number of immigrants arriving from family relationships. This number is calculated by starting at 480,000, which is the maximum in principle allowed for family-based immigrants. Next, subtract the number immediate relatives visas that were issued during the preceding year and the number “paroled” into America during the preceding year. To determine the number of family preference visas available, any unused employment preference immigrant numbers are added to the total. The law does not allow for a lower number of family-based preference visas than 226,000. In order to trigger the minimum 226,000 preference visas, it is necessary that there are more than 250,000 relatives in any given year. The total number of family-based Visas is often higher than 480,000. Family-based immigrants accounted for 68.8 per cent of all LPRs issued in the United States during Fiscal Year 2019.
There are many ways that immigrants with valuable skills can come to the United States on a temporary or permanent basis.
Temporary Visa Classifications
Employers can petition for temporary employment-based visas to allow them to hire foreign nationals for a limited number of jobs. Temporary workers are required to work for the petitioner and can only change their jobs. There are over 20 visa types for temporary nonimmigrant workers. L-1 visas are for intracompany transfers. There are also P visas available for athletes, performers, and religious workers. O-1 visas can be obtained for workers with extraordinary abilities. There are many visa categories that can be used to allow workers to bring their dependents. These workers are required to leave the United States in most cases if they lose their status or their employment ends. Depending on the job and the qualifications of the worker, it may be possible for the employer to sponsor them for permanent employment. Sponsorship does not require that a foreign national be employed by the employer. However, depending upon the type of permanent immigration sought and the status of the foreign national, the LPR process may be possible while the person continues to live and work here.
The annual numerical limit for permanent employment-based immigrant is 140,000. This includes all eligible spouses and minor children who are not married to the immigrant. The actual number of employment-based migrants is therefore less than 140,000 per year. To determine the number of visas available through the employment-based system, any unused family preference immigrant numbers are added to the cap. The available visas are then broken down into five preference categories. Before a sponsor can file a petition with the U.S., they must first test the U.S. labour market using the terms and conditions set forth by the Department of Labor. The Secretary of Labor must also certify that the petitioner’s request meets these requirements. Citizenship and Immigration Services, (USCIS). The sponsor may file a petition at USCIS, or the foreign national can self-petition. The foreign national must apply for an immigrant visa at the U.S. consulate abroad. If in legal status, the application to adjust status is to LPR. The immigrant visa application must be submitted after the USCIS has approved the immigrant petition. The time it takes to file an application for adjustment of status depends on whether a visa number can be obtained immediately.
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