DCSIMG

Immigration Law

Immigration Law involves issues related to immigration (leaving one country to live in another) and naturalization (becoming a citizen). The federal government has exclusive control over immigration issues. The Immigration and Naturalization Service (INS) is part of the Department of Justice, under the direction of the Attorney General. Along with the Department of State, INS administers and enforces our immigration and naturalization laws. The INS has a broad role, including processing visas (permits to be in the U.S. temporarily or as a permanent resident) and applications for naturalization, investigating fraud related to immigration and naturalization, and arresting those who violate immigration laws. Hearings concerning these matters are conducted by immigration judges in an administrative court system. The immigration court is supervised by the Executive Office for Immigration Review, another part of the Department of Justice. The INS also works with U.S. Attorneys to prosecute noncitizens and citizens involved in criminal activity; these cases are heard in federal district court.

Noncitizens (referred to as "aliens" in immigration law) may seek to live, work, visit, or attend school in the United States. These noncitizens who seek permanent residence in the U.S. may be sponsored by a relative who is already a citizen or by an employer who is in need of the specialized services of a noncitizen worker (e.g., a person's language or technical expertise). U.S. law also has residency provisions for noncitizens who seek political asylum from their native countries. In addition, Congress has authorized "temporary protected status," which is available to a resident of a country in crisis who is currently in the U.S. when that person would face danger upon return to his or her country due to a natural disaster or an ongoing armed conflict.

Other noncitizens, such as tourists, students, diplomats, and temporary workers, may seek to enter the United States for a limited amount of time. People who seek to come to the U.S. temporarily are issued "non-immigrant" visas. By far the largest number of noncitizens entering the U.S. are tourists, but the non-immigrant category also includes people engaged in teaching, research, and consulting; radio and television journalists; members of the press; foreign government officials; and executives employed by international companies who come to the U.S. on temporary work assignments.

Deportation refers to a noncitzen's removal from the United States. Those who enter the country illegally are subject to deportation. Noncitizens who enter the country legally but remain longer than their visa allows or violate the work provisions of their visa may also be subject to deportation. Those noncitizens granted permanent residency in the U.S. may be subject to deportation under certain circumstances, such as conviction of a serious crime.

Reproduced from The Official Guide to Legal Specialties with permission. (c) 2000 Thomson Reuters/West. For additional information on this publication please visit  http://west.thomson.com/products/law-students. Copyright granted via e-mail by Donna Gies, September 16, 2008.