Immigration Law Overview

In the United States, immigration laws bear political overtones because they touch on the sensitive issues of national sovereignty and homeland defense. These laws dictate who may enter the country, as well as the length and duration of their visit. These laws also allow selected non-citizens to naturalize and become citizens of this country.

U.S. Immigration Laws

U.S. immigration laws treat persons as either U.S. citizens or aliens. The Fourteenth Amendment states that U.S. citizens include "persons born or naturalized in the United States, and subject to [its] jurisdiction." Therefore, all persons who are not U.S. citizens are aliens. 28 U.S. Code Section 1101.

In terms of aliens, U.S. immigration law further classifies them according to their immigration status, with each group afforded different rights and obligations, such as the right to reside in the United States, the right to sponsor relatives, and the right to work in the United States. Aliens may be lawful permanent residents (i.e., green card holders), immigrant visa holders, temporary lawful visitors or undocumented illegal aliens.

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  • Uzamere v. Bush, et al
    Plaintiff Cheryl D. Uzamere alleges that Defendants government officials failed to act on her report that her husband Ehigie Edobor a/k/a Godwin Uzamere entered into a sham marriage with her and committed bigamy by marrying another woman at the same time.
    New York Eastern District Court
    Plaintiff
    Filed: February 22, 2008
    Plaintiff: Cheryl D. Uzamere Defendant: George W. Bush, Condoleeza Rice, Michael Mukasey, Michael Chertoff, Dr. Emilio T. Gonzalez and others...
    Last Docket Report Change Found: April 25, 2008

    (April 24, 2008)
  • Kamburowski et al v. Kidd et al
    New York Eastern District Court
    P.I.: Other
    Filed: February 18, 2005
    Plaintiff: Michael Kamburowski, Gina Kamburowski Defendant: Michael Kidd, Michael Kidd, John Doe I, John Doe I, John Doe II and others...
    Last Docket Report Change Found: April 5, 2008

    (April 4, 2008)
  • Manuel Ramirez, et al v. Christine Poulos, et al
    US immigration law permits H-1B foreign workers to be in the United States for no more than six years. The issue in this case was whether time spent outside of the United States by the plaintiff during the six years count in the calculation of the six-year limit.
    California Central District Court
    Other Statutory Actions
    Filed: April 4, 2002
    Plaintiff: Manuel Ramirez, Gabriella Salas; Defendant: Christine Poulos, James Ziglar
    Last Docket Report Change Found: December 31, 1969

    (December 15, 2002)

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  • Vo v. U.S. Attorney General et al
    Massachusetts District Court
    Deportation
    Filed: February 15, 2008
    Petitioner: Son Vo Respondent: U.S. Attorney General, Bruce Chadbourne, Andrea J. Cabral

    (February 14, 2008)
  • Singh v. Mukasey et al.
    Massachusetts District Court
    Deportation
    Filed: February 14, 2008
    Petitioner: Gulbarg Singh Respondent: Michael Mukasey, Michael Chertoff

    (February 13, 2008)
  • Tidjani v. Mukasey et al
    Texas Southern District Court
    Deportation
    Filed: February 8, 2008
    Defendant: Michael Mukasey Petitioner: Souleymane Mahamat Tidjani Respondent: Michael Chertoff, David Venturella, Marc J. Moore, Michael Watkins, Hector Garcia

    (February 7, 2008)
  • Nikitin v. Mukasey et al
    Texas Southern District Court
    Deportation
    Filed: February 5, 2008
    Petitioner: Ian Nikitin Respondent: Michael Mukasey, Michael Chertoff, Marc Moore, Michael Watkins

    (February 4, 2008)
  • Kaur v. Chertoff et al
    Texas Northern District Court
    Deportation
    Filed: February 1, 2008
    Plaintiff: Arvinder Kaur Defendant: Michael Chertoff, Emilio T Gonzalez, Angela Barrows, Michael B Mukasey

    (January 31, 2008)

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  • Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
    Executive Office for Immigration Review
    Notice
    Agency Information Collection Activities; Proposals, Submissions, and Approvals,
    18571-18572 [E8-7090]
    DEPARTMENT OF JUSTICE Executive Office for Immigration Review [OMB Number 1125-0004] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-Day Notice of Information Collection Under Review: Alien's Change of Address Form: 33/BIA Board of Immigration Appeals, 33/IC Immigration Court. The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) will be submitting the following information collection request to the Office of Management and... [read document]
    View Document | Download PDF

    (April 2, 2008)
  • Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
    Executive Office for Immigration Review
    Notice
    Agency Information Collection Activities; Proposals, Submissions, and Approvals,
    18570-18571 [E8-7089]
    DEPARTMENT OF JUSTICE Executive Office for Immigration Review [OMB Number 1125-0003] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-day notice of information collection under review: fee waiver request. The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork... [read document]
    View Document | Download PDF

    (April 2, 2008)
  • Rule - Petitions Filed on Behalf of Temporary Workers Subject to or Exempt From Annual ...
    U.S. Citizenship and Immigration Services
    Rule
    Petitions Filed on Behalf of Temporary Workers Subject to or Exempt From Annual Numerical Limitation,
    15389-15395 [E8-5906]
    DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 214 [CIS No. 2434-07; DHS Docket No. USCIS-2007-0060] RIN 1615-AB68 Petitions Filed on Behalf of H-1B Temporary Workers Subject to or Exempt From the Annual Numerical Limitation AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Interim rule with request for comments. SUMMARY: The Department of Homeland Security is amending its regulations governing petitions filed on behalf of alien workers subject to the annual numerical limitations... [read document]
    View Document | Download PDF

    (March 22, 2008)
  • Rule - Inflation Adjustment for Civil Monetary Penalties Under the Immigration and Nationality Act
    Executive Office for Immigration Review
    Rule
    Inflation Adjustment for Civil Monetary Penalties Under the Immigration and Nationality Act,
    10130-10137 [E8-3320]
    DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 270, 274a, and 280 RIN 1653-AA39 DEPARTMENT OF JUSTICE 28 CFR Part 68 Executive Office for Immigration Review 8 CFR Part 1274a RIN 1125-AA61 [EOIR Docket No. 165F; A.G. Order No. 2944-2008] Inflation Adjustment for Civil Monetary Penalties Under Sections 274A, 274B, and 274C of the Immigration and Nationality Act AGENCIES: U.S. Immigration and Customs Enforcement, DHS; Executive Office for Immigration Review, Justice. ACTION: Final rules. SUMMARY: As... [read document]
    View Document | Download PDF

    (February 25, 2008)
  • Proposed Rule - Immigration: Aliens; voluntary departure review
    Executive Office for Immigration Review
    Proposed Rule
    Immigration:
    Aliens; voluntary departure review,
    67674-67687 [E7-23289]
    Proposed Rules Federal Register DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Parts 1240 and 1241 [EOIR Docket No. 163P; AG Order No. 2919-2007] RIN 1125-AA60 Voluntary Departure: Effect of a Motion To Reopen or Reconsider or a Petition for Review AGENCY: Executive Office for Immigration Review, Justice. ACTION: Proposed rule with request for comments. SUMMARY: The immigration laws provide that an alien may request and receive a grant of voluntary departure in certain... [read document]
    View Document | Download PDF

    (November 29, 2007)

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  • Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
    U.S. Citizenship and Immigration Services
    Notice
    Agency Information Collection Activities; Proposals, Submissions, and Approvals,
    27548-27549 [E8-10543]
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: From I-602; Extension of an Existing Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review: Form I- 602; Application by Refugee for Waiver of Grounds of Excludability; OMB No. 1615-0069. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), has submitted the following information collection request... [read document]
    View Document | Download PDF

    (May 12, 2008)
  • Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
    U.S. Citizenship and Immigration Services
    Notice
    Agency Information Collection Activities; Proposals, Submissions, and Approvals,
    27549 [E8-10545]
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I-817; Extension of an Existing Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review; Form I- 817, Application for Family Unity Benefits; OMB Control No. 1615-0005. The Department of Homeland Security, U.S. Citizenship and Immigration Services has submitted the following information collection request for review and clearance in... [read document]
    View Document | Download PDF

    (May 12, 2008)
  • Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
    U.S. Citizenship and Immigration Services
    Notice
    Agency Information Collection Activities; Proposals, Submissions, and Approvals,
    26131 [E8-10315]
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form N-4, Extension of a Currently Approved Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form N-4, Monthly Report Naturalization Papers; OMB Control Number 1615-0051. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office... [read document]
    View Document | Download PDF

    (May 7, 2008)
  • Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
    U.S. Citizenship and Immigration Services
    Notice
    Agency Information Collection Activities; Proposals, Submissions, and Approvals,
    26130-26131 [E8-10314]
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I-243, Extension of a Currently Approved Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form I- 243, Application for Removal; OMB Control No. 1615-0019. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of... [read document]
    View Document | Download PDF

    (May 7, 2008)
  • Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
    U.S. Citizenship and Immigration Services
    Notice
    Agency Information Collection Activities; Proposals, Submissions, and Approvals,
    26129-26130 [E8-10311]
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form G-884, Extension of an Existing Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form G- 884, Request for the Return of Original Document(s); OMB Control No. 1615-0100. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the... [read document]
    View Document | Download PDF

    (May 7, 2008)

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Google News & Tags: department-of-state visa

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  • H-1B CAP-SUBJECT RECEIPT NOTICES
    The filing fee checks for several regular cap-subject H-1B petitions that were filed by our office on April 1st have been processed. Receipts for these cases should be forthcoming. It looks like the USCIS is on track to issue receipts for accepted cases by its self-imposed June 2, 2008 deadline. Good luck!
    (May 8, 2008)
  • No Undocumented Immigrants In NC Community Colleges?
    Inside Higher Ed reports that the North Carolina Community College System set off a firestorm in November when it issued a directive indicating that all 58 colleges must begin admitting undocumented students under the open admissions policy. But the state...
    (May 7, 2008)
  • TN Visa Sci/Tech Experience Requirements
    Question: I plan to apply for TN visa status under the scientific technician/technologist category related to biology. I have a degree of "Associate of Applied Science in Biotechnology" plus one year work experience related to the biological lab setting. I was told that I need 3 years experience in order to apply for a scientific technician/technologist TN. Is this true? Can I apply for a TN visa status under the scientific technician/technologist category with one year experience? Answer: You...
    (May 7, 2008)
  • TN Visa – The USCIS Announces Proposed Rule to Extend Stays to 3 Years
    The USCIS has published a Notice of Proposed Rulemaking that, if enacted, would increase the maximum amount of time a TN visa holder can remain in the United States before needing to renew his or her stay from one year to three years. The TN visa is a nonimmigrant visa that is available under NAFTA and it's available to Canadian and Mexican citizens who have a minimum of a bachelor's degree or who have appropriate professional credentials, who work in certain professions that are listed in the...
    (May 7, 2008)
  • USCIS Issues Revised Guidance on Child Status Protection Act
    U.S. Citizenship and Immigration Services today issued guidance that will modify its earlier interpretation of the Child Status Protection Act (CSPA) which permits applicants for certain immigration benefits to retain classification as a child even if he or she has...
    (May 7, 2008)