How the Immigration System Works
The U.S. immigration system operates under an intricate set of rules that outline who can enter, reside in, and become a citizen of the United States. It includes various pathways like family-based immigration, employment visas, and refugee and asylum status, each with its own criteria and application processes. Several federal agencies, including the Department of Homeland Security and the State Department, oversee the system and enforce immigration laws and policies, handle applications, and manage border control. Learn more by exploring the resources below.
How the United States Immigration System Works
- How the Immigration System Works
- June 23, 2024
U.S. immigration law is very complex, and there is much confusion as to how it works. This fact sheet provides basic information…
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The Biden Administration’s Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: An Overview
An overview of the Biden administration's parole programs for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV), which admit up to 30,000 people per month with the ability to live and work in the United States for two years. Read More
Court Allows Turnbacks of Asylum Seekers Without CBP One Appointments to Continue
A federal court in California denied a preliminary injunction in a legal challenge to the Biden administration’s policy of turning back asylum seekers who request protection without first obtaining an appointment via the government’s CBP One smartphone app. Read More
New Board of Immigration Appeals Decision Sets Roadblock for Cubans, Others Seeking Green Cards
A recent Board of Immigration Appeals (BIA) decision bars certain recently arrived noncitizens from becoming lawful permanent residents. In Matter of Cabrera-Fernandez, the BIA held that the petitioner had not been paroled into the United States when the Department of Homeland Security (DHS) released… Read More
What Does the Looming Government Shutdown Mean for Our Immigration System?
After weeks of failed negotiations on spending, Congress has less than a week left to avert a potential government shutdown. Members of the House Republicans’ Freedom Caucus have refused to pass any spending bill for the Department of Homeland Security (DHS) unless it contains HR2, their massive… Read More
USCIS Updates Key CSPA Interpretation to Protect Some Immigrant Youth, But Backlogs Continue to Cause Hardships
On August 24, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a new update to its policy manual clarifying a previous policy change aimed at expanding green card eligibility under the Child Status Protection Act (CSPA) for children who lost eligibility, or “aged out,” due to the years-long visa… Read More
At Dueling Border Hearings, New House Majority Pushes Partisan Narrative Over Facts
In January, Republicans took control of the House of Representatives. After a lengthy fight over the Speaker of the House resolved, the new majority wasted no time in holding multiple hearings on the current situation at the southern border. Unfortunately, the hearings, held in the Judiciary and the Oversight… Read More
An Overview of the “Uniting for Ukraine” Program
This program allows Ukrainians displaced by the Russian invasion of Ukraine to apply to come to the United States through “humanitarian parole.” Ukrainians who are granted humanitarian parole may remain in the United States for up to two years and may seek to renew that status for additional periods of time. Read More
Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)
This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring. Read More
AILA and the American Immigration Council Respond to Supreme Court Oral Arguments in U.S. v. Texas
In response to the Supreme Court of the United States hearing oral arguments in the case, U.S. v. Texas -- a dispute over the Biden Administration’s authority to set immigration policy, the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) have issued the following statement. Read More
FOIA Request Seeks Records Regarding Parole Guidance and Incorrect Addresses on CBP Documents After Migrants Flown to Martha’s Vineyard
The requested records will shed light on CBP's practices with respect to granting and extending humanitarian parole and the agency's determinations regarding which addresses to include on immigration paperwork. Read More
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