How the Immigration System Works

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

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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Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)

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

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

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

Who Enforces Immigration Policy Anyway?

Who Enforces Immigration Policy Anyway?

The lack of a major overhaul in the United States’ immigration system for roughly thirty years has created an ecosystem where states have attempted to insert their authority over immigration, especially when it comes to enforcement. Texas has made headlines with its tougher approach and outsized role in shaping… Read More

New Report Reveals Why USCIS Is Plagued by Enormous Backlogs and Wait Times

New Report Reveals Why USCIS Is Plagued by Enormous Backlogs and Wait Times

U.S. Citizenship and Immigration Services (USCIS) operates under a flawed funding model. This virtually guarantees that the agency will always be under-funded and under-staffed. As a result, USCIS has been plagued for years by enormous backlogs of applications for immigration benefits. The people applying for immigration benefits must endure… Read More

Comments Recommend USCIS Clarify FOIA Request Process

Comments Recommend USCIS Clarify FOIA Request Process

The Council submitted comments on USCIS suggested changes to Form G-639 and Instructions. The G-639 Form and Instructions are used to submit FOIA requests to USCIS by mail. Read More

U.S. Residents Sue USCIS and NARA for Delays in U.S. Citizenship Applications

U.S. Residents Sue USCIS and NARA for Delays in U.S. Citizenship Applications

Thirteen people waiting to become U.S. citizens filed a lawsuit challenging U.S. Citizenship and Immigration Services’ unreasonable delays and failure to process U.S. naturalization applications filed in 2020. Read More

Challenging USCIS To End Naturalization Application Delays

Challenging USCIS To End Naturalization Application Delays

This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens. Read More

The Biden Administration Needs to Change Course on Green Cards Before It’s Too Late

The Biden Administration Needs to Change Course on Green Cards Before It’s Too Late

The Biden administration failed to issue many of the immigrant visas—more commonly known as green cards—that were allotted last year for immigrants who have been sponsored by a U.S. employer or family member. Statistics released by the State Department indicate that 66,781 visas for employment-based immigrants and… Read More

Canada’s New Immigration Targets Show How the United States Is Falling Behind

Canada’s New Immigration Targets Show How the United States Is Falling Behind

The Canadian government released its 2022-2024 immigration targets earlier this week. Should it reach these targets, the number of new immigrants entering Canada would reach levels not seen in more than a century. This challenges the claim that the United States has the most generous immigration policies in… Read More

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