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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Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

This document provides a summary of the Department of Homeland Security’s September 25, 2020, Proposed Rule, “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.” The summary explains the changes DHS is proposing… Read More

Comment on Executive Office for Immigration Review Proposed Rule Regarding Appeal Procedures and Administrative Closure

Comment on Executive Office for Immigration Review Proposed Rule Regarding Appeal Procedures and Administrative Closure

The American Immigration Council and the American Immigration Lawyers Association, through their joint initiative, the Immigration Justice Campaign, submitted this comment in opposition to the proposed rule, “Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure.” The rule would strip the Executive Office for Immigration Review (EOIR) of… Read More

Letter Requesting 60-Day Comment Period on Proposed Rule Expanding Collection of Biometrics

Letter Requesting 60-Day Comment Period on Proposed Rule Expanding Collection of Biometrics

This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%. Read More

USCIS Cancelled Planned Staff Furloughs, But Budgetary Challenges Remain

USCIS Cancelled Planned Staff Furloughs, But Budgetary Challenges Remain

U.S. Citizenship and Immigration Services (USCIS) told Congress in May that it was running out of money and would need a $1.2 billion bailout to maintain its operations without major disruptions. The agency threatened to furlough over 13,000 of its staff in the process—a step that would bring the… Read More

USCIS Fee Hikes Will Go Into Effect for These Applications

USCIS Fee Hikes Will Go Into Effect for These Applications

U.S. Citizenship and Immigration Services (USCIS) released an advance copy of a final rule on July 31 that will impose significant fee increases across many facets of the legal immigration system. These changes include an astronomical 80% increase to the cost of becoming a U.S. citizen and a first-time… Read More

Fee Increase for Immigration Applications Is an Attack on Legal Immigration

Fee Increase for Immigration Applications Is an Attack on Legal Immigration

U.S. Citizenship and Immigration Services—the government agency that administers the country's legal immigration system—is expected to announce Monday major fee hikes for many immigration-related applications and petitions. The increased fees will impact people applying for U.S. citizenship and asylum, as well as American businesses hiring or retaining employees vital to our country’s recovery from a global health and economic crisis. Read More

Trump’s Public Charge Rule Is Blocked Again Over Impact of COVID-19

Trump’s Public Charge Rule Is Blocked Again Over Impact of COVID-19

A federal judge in New York has once again put the Trump administration’s “public charge” rule on hold, but only for the duration of the COVID-19 national emergency. This rule, which went into effect in February after the Supreme Court stepped in, has restricted the ability of low-income immigrants to… Read More

Statement for the House Committee on Judiciary Subcommittee on Immigration and Citizenship Hearing on

Statement for the House Committee on Judiciary Subcommittee on Immigration and Citizenship Hearing on “Oversight of U.S. Citizenship and Immigration Services”

The American Immigration Council submitted a written statement to the House Committee on Judiciary Subcommittee on Immigration and Citizenship for a July 29, 2020 hearing on “Oversight of U.S. Citizenship and Immigration Services.” The statement shares the Council’s analysis of the true causes of USCIS’s $1.2 billion budget shortfall, including… Read More

Canadian Court Rules US Is No Longer a 'Safe Third Country' for Asylum Applicants

Canadian Court Rules US Is No Longer a ‘Safe Third Country’ for Asylum Applicants

A Canadian court has ruled that the United States is no longer a country to which the Canadian government could safely return asylum seekers who crossed the U.S-Canada land border.  This upends more than 15 years of bilateral cooperation between the two countries. On July 22, the Federal Court of… Read More

USCIS Wastes Time and Money With Increased Vetting in Citizenship Processing

USCIS Wastes Time and Money With Increased Vetting in Citizenship Processing

The Trump administration has justified major changes to citizenship processing to “safeguard” the U.S. immigration system from application fraud. Yet the increased vetting has not lowered the number of approvals over the last few years, indicating an absence of fraud. The time it takes to approve those applications, however,… Read More

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