Immigration Law Overview
Immigration Law Resources
Related Practice Areas
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.
Show Extended SummaryFeatured Cases 
- 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: October 15, 2008
(October 14, 2008) - Kamburowski et al v. Kidd et al
Plaintiffs Michael Kamburowski and Gina Kamburowski alleged that Defendants, directors and officers of the U.S. Immigration & Customs Enforcement, violated his rights, falsely imprisoned him and caused him to suffer severe emotional distress. Plaintiff Michael Kamburowski alleged that he never received any Notice to Appear for a removal hearing, and that his subsequent detention and imprisonment was illegal and unlawful.
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: August 3, 2008
(August 2, 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)
Dockets 
- Moreau v. Holder et al
Texas Southern District Court
Deportation
Filed: April 10, 2009
Petitioner: Gilson Moreau, Respondent: Eric Holder, Janet Napolitano, Julie L. Myers, Michael J. Pitts, Dona Perez, Ernesto Velasco
(April 9, 2009) - Rawle Laichan Persad vs Sandra M Heathman
Texas Southern District Court
Deportation
Filed: April 6, 2009
Plaintiff: Rawle Laichan Persad; Defendant: USCIS - Houston District Office
(April 5, 2009) - Francois v. Holder et al
Texas Southern District Court
Deportation
Filed: April 6, 2009
Petitioner: Sam Francois, Respondent: Eric Holder, Janet Napolitano, Julie L Myers, Michael Pitts, J, Dona Perez, Ernesto Velasco
(April 5, 2009) - Francois v. Holder et al
Texas Southern District Court
Deportation
Filed: April 2, 2009
Petitioner: John M Francois, Respondent: Eric Holder, Janet Napolitano, Julie L Myers, Michael Pitts, J, Dona Perez, Ernesto Velasco
(March 31, 2009) - Khalon v. Holder, Jr. et al
Texas Southern District Court
Deportation
Filed: March 30, 2009
Petitioner: Gurpreek Khalon, Respondent: Eric H. Holder, Jr., Janet Napolitano, Kenneth Landgrebe
(March 28, 2009)
Legislation 
- Bill Introduced: S.729 DREAM Act of 2009
A bill to amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.
(March 24, 2009) - Bill Signed by President: H.R.1127 To extend certain immigration programs.
To extend certain immigration programs.
March 20, 2009: Signed by President.
(March 18, 2009) - Bill Introduced: S.577 Immigration Fraud Prevention Act of 2009
A bill to amend title 18, United States Code, to provide penalties for individuals who engage in schemes to defraud aliens and for other purposes.
(March 10, 2009) - Bill Introduced: S.564 Wartime Treatment Study Act
A bill to establish commissions to review the facts and circumstances surrounding injustices suffered by European Americans, European Latin Americans, and Jewish refugees during World War II.
(March 8, 2009) - Bill Introduced: H.R.1425 Wartime Treatment Study Act
To establish commissions to review the facts and circumstances surrounding injustices suffered by European Americans, European Latin Americans, and Jewish refugees during World War II.
(March 8, 2009)
Regulations 
- Rule - Forwarding of Affirmative Asylum Applications to the Department of State
U.S. Citizenship and Immigration Services
Rule
Forwarding of Affirmative Asylum Applications to the Department of State,
15367-15369 [E9-7051]
DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services 8 CFR Part 208 [CIS No. 2440-08; DHS Docket No. USCIS 2008-0022] RIN 1615-AB59 Forwarding of Affirmative Asylum Applications to the Department of State AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: The Department of Homeland Security (DHS) is amending its regulations to alter the process by which it forwards Form I-589, Application for Asylum and Withholding of Removal, for asylum... [read document]
View Document | Download PDF
(April 5, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Executive Office for Immigration Review
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
15304-15305 [E9-7486]
DEPARTMENT OF JUSTICE Executive Office for Immigration Review [OMB Number 1125-0012] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-day notice of information collection under review: Request for recognition of a non-profit religious, charitable, social service, or similar organization (Form EOIR-31). The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) will be submitting the following information collection request to the... [read document]
View Document | Download PDF
(April 1, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Executive Office for Immigration Review
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
15306-15307 [E9-7489]
DEPARTMENT OF JUSTICE Executive Office for Immigration Review [OMB Number 1125-0005] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-Day Notice of Information Collection Under Review: Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27). The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) will be submitting the following information collection request to the... [read document]
View Document | Download PDF
(April 1, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Executive Office for Immigration Review
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
15305-15306 [E9-7488]
DEPARTMENT OF JUSTICE Executive Office for Immigration Review [OMB Number 1125-0006] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-day notice of information collection under review: Notice of entry of appearance as attorney or representative before the Immigration Court (Form EOIR-28). The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) will be submitting the following information collection request to the Office of... [read document]
View Document | Download PDF
(April 1, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Executive Office for Immigration Review
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
15305 [E9-7487]
DEPARTMENT OF JUSTICE Executive Office for Immigration Review [OMB Number 1125-0009] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-Day Notice of Information Collection Under Review: Revised Application for Suspension of Deportation (40). 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... [read document]
View Document | Download PDF
(April 1, 2009)
Government 
- Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
U.S. Citizenship and Immigration Services
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
18737-18738 [E9-9408]
DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I-693, Revision of a Currently Approved Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review: Form I- 693, Report of Medical Examination and Vaccination Record, OMB Control No. 1615-0033. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), has submitted the following information collection... [read document]
View Document | Download PDF
(April 23, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
U.S. Citizenship and Immigration Services
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
18390-18391 [E9-9243]
DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I-824, Extension of an Existing Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review: Form I- 824, Application for Action on an Approved Application or Petition; OMB Control No. 1615-0044. The Department of Homeland Security, U.S. Citizenship and Immigration Services has submitted the following information collection request for... [read document]
View Document | Download PDF
(April 21, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
U.S. Citizenship and Immigration Services
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
18391-18392 [E9-9265]
DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form N-644, Extension of an Existing Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review: Form N- 644, Application for Posthumous Citizenship; OMB Control No. 1615-0059. The Department of Homeland Security, U.S. Citizenship and Immigration Services has submitted the following information collection request for review and clearance... [read document]
View Document | Download PDF
(April 21, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
U.S. Citizenship and Immigration Services
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
17684-17685 [E9-8758]
DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form N-426, Revision of a Currently Approved Information Collection; Comment Request ACTION: 60-day notice of information collection under review: Form N- 426, Request for Certification of Military or Naval Service; OMB Control No. 1615-0053. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), has submitted the following information collection... [read document]
View Document | Download PDF
(April 15, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
U.S. Citizenship and Immigration Services
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
17502-17503 [E9-8663]
DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form G-1135, New Information Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review: Form G- 1135, Joblock Application Form. OMB Control No. 1615-NEW. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request for review and clearance in accordance with the... [read document]
View Document | Download PDF
(April 14, 2009)
Articles 
- Boumediene's Quiet Theory: Access to Courts and the Separation of Powers
Notre Dame Law Review, Vol. 84, 2009, American University, WCL Research Paper No. 2009-08 Stephen I. Vladeck American University Washington College of Law Date Posted: April 23, 2009 Last Revised: April 23, 2009
(April 22, 2009) - Labor Migration: Macroeconomic and Demographic Outlook for Europe and Neighbourhood Regions
CASE Network Studies and Analyses No. 359 Xavier Chojnicki and Vladimir Borgy University Lille 2 and affiliation not provided to SSRN Date Posted: April 23, 2009 Last Revised: April 23, 2009
(April 22, 2009) - Measurement Error, Misspecification, and the Return to Foreign Education
Albert Yung-Hsu Liu and Cornell University - Department of Economics and Cornell University - Cornell Higher Education Research Institute Date Posted: April 22, 2009 Last Revised: April 22, 2009
(April 21, 2009) - Hostility Toward Immigration in Spain
IZA Discussion Paper No. 4109 Ferran MartÃnez i Coma and Robert Duval Hernández Centro de Investigacion y Docencia Economicas (CIDE) and Centro de Investigacion y Docencia Economicas (CIDE) Date Posted: April 21, 2009 Last Revised: April 21, 2009
(April 20, 2009) - Economic and Cultural Gaps Among Foreign-Born Minorities in Spain
IZA Discussion Paper No. 4115 Sara de la Rica and Francesc Ortega Universidad del Pais Vasco and Universitat Pompeu Fabra Date Posted: April 21, 2009 Last Revised: April 21, 2009
(April 20, 2009)
News 
- Bloggings on Dysfunctional Government
ILW.com, NY
Napolitano, he should then convene a meeting of the leaders of ICE and its sister agencies in the Dept. of Homeland Security (DHS), US Citizenship and Immigration Services and Customs and Border Protection. This convocation should take a probing ...
(April 23, 2009) - Obama taps Thomas Lamont, former U of Illinois trustee, for ...
Chicago Sun-Times, United States
WASHINGTON, DC - Today, President Barack Obama announced his intent to nominate the following individuals for key administration posts: Alejandro Mayorkas, Director, US Citizenship and Immigration Services, Department of Homeland Security; ...
(April 23, 2009) - Richland Court Approves 20 New US Citizens
KVEW, WA
The US Citizenship and Immigration Services presented the residents to the district court for naturalization. During the ceremony, they read the pledge of allegiance and took the oath of citizenship. 34 year-old Joaquin Garcia came to the United States ...
(April 23, 2009) - Family: Demjanjuk Not Faking Health Problems, Pain
NewsNet5.com, OH
But Ed Nishnic said his former father-in-law was in real pain when immigration agents moved him. According to the family, Demjanjuk is suffering from renal failure, a pre-cancerous bone marrow condition and spinal stenosis, a narrowing of the spine ...
(April 23, 2009)
Providence Business News
Mollis to Launch Statewide Voter Registration Initiative Targeting ...
Providence Business News, RI
In order to register, you must be age 18 by Nov. 3, 2010, a US citizen and a resident of Rhode Island. The initiative is a partnership with the state Board of Elections, US Citizenship and Immigration Services, municipal leaders and school administrators.
(April 23, 2009)
Blog Posts 
- I-130 and I-485 and Continuance Requests While in Removal Proceedings - The BIA Issues an ...
The Board of Immigration Appeals has issued an important decision on the issue of when a continuance should be granted by an Immigration Judge when an alien is in removal proceedings but who has a pending family-based visa petition ( an I-130 ) that makes him or her prima facie eligible to adjust his or her status to permanent residency. The case is Matter of Ajmal Hussain Shah Hashmi and the case was decided on April 22, 2009. The BIA held that when an alien has an unopposed motion to continue...
(April 22, 2009) - Under Siege: Life for Low-Income Latinos in the South
The Southern Poverty Law Center reports on life for Latinos in the New South: "In Tennessee, a young mother is arrested and jailed when she asks to be paid for her work in a cheese factory. In Alabama, a migrant...
(April 22, 2009) - Immigrants Revitalize Urban Downtowns
Immigrant Power has a story about how immigrant families are revitalizing downtown Cleveland and Philadelphia. This is a long ignored immigrant story. KJ
(April 22, 2009) - BALCA upholds denial of Labor application – Incomplete, Missing Required Information
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Specialty Chef. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in September of 2005. In March of 2006, the CO denied the application because of numerous deficiencies. The appeal before the Board only addressed one of the deficiencies, the failure of the...
(April 22, 2009) - Publications: Diagnosing Infections, Diaspora Lit. Rev., Hum. ...
The Diaspora-Conflict-Peace-Nexus: A Literature Review (Diaspeace, March 2009) [text]Guidelines for the Diagnosis, Management and Prevention of Infections in Recently Arrived Refugees (Australasian Society for Infectious Diseases, March 2009) [text]Iraqi Refugee Assistance: Improvements Needed in Measuring Progress, Assessing Needs, Tracking Funds, and Developing an International Strategic Plan (
(April 22, 2009)