How the Immigration System Works

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

  • Fact Sheet

Why Don’t Immigrants Apply for Citizenship?

There is no line available for unauthorized immigrants and the “regular channels” do not include them.

  • Fact Sheet

Temporary Protected Status: An Overview

This fact sheet provides an overview of how Temporary Protected Status designations are made, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status.

  • Fact Sheet

How the United States Immigration System Works

U.S. immigration law is very complex. Here's basic information about how the U.S. legal immigration system is designed.

All How the Immigration System Works Content

  • Blog

4 Ways USCIS’ Proposed Fee Increase Fails to Solve the Agency’s Problems

January 6, 2020

U.S. Citizenship and Immigration Services’ (USCIS) recent proposal to increase most of their fees has been met with strong opposition. The proposal drew widespread attention, garnering nearly 10,...

  • Blog

3 Ways Our Immigration System Can Eliminate Barriers to Becoming a US Citizen

December 19, 2019

When people who immigrate to the United States are enabled to become U.S. citizens, everyone benefits. Citizenship allows people to have more stable lives by granting access to better work,...

  • Blog

The Trump Administration Wants to Return to a Pre-Civil Rights Immigration System

October 21, 2019

The ideology of President Trump is about more than limiting how many immigrants enter the United States each year; it’s about turning back the clock on U.S. social history. A recent analysis by...

  • Blog

New Public Charge Rule Imposes Wealth Test on Newcomers

August 13, 2019

The Department of Homeland Security (DHS) published the final version of its new “public charge” regulation on Monday morning. The rule would make it easier for the government to deny a green card...

  • Blog

USCIS Processing Delays to be Investigated by Government Accountability Office

June 7, 2019

Applications for permanent residence and other immigration benefits are taking longer than ever to process. U.S. Citizenship and Immigration Services (USCIS), the agency responsible for...

  • Blog

White House’s Misguided Immigration Reform Plan Is Set for Failure

May 17, 2019
  • Blog

Why the White House’s Measures to Curb Visa Overstays Are Inadequate

April 25, 2019

The White House issued a memo on Monday directing the Secretaries of State and Homeland Security to provide recommendations to reduce visa overstays. The recommendations, which are expected within...

  • Blog

Immigrants Are Regularly Kept Locked up for Months After Deportation Orders

March 27, 2019

When the U.S. government orders that an immigrant in its custody must be deported, the person isn’t supposed to remain incarcerated for long. Yet the Department of Homeland Security (DHS) often...

  • Blog

Immigration Groups Are Using This Tool to Expose Government Secrets

March 15, 2019

Many of the country’s top immigration agencies operate in secret. This lack of transparency in how immigration laws are implemented, administered, and enforced has the potential to devastate the...

  • Blog

Trump’s State of the Union Speech Reflects a Fundamental Misunderstanding of Immigration

February 6, 2019

Speaking before Congress and the nation Tuesday evening, President Trump once again promised bipartisanship and instead delivered division. When it came to immigration, the president neither...

  • Blog

USCIS Fee Hikes Will Go Into Effect for These Applications

July 31, 2020

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...

  • Press Release

Fee Increase for Immigration Applications Is an Attack on Legal Immigration

July 31, 2020
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.
  • Blog

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

July 30, 2020

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...

  • Advocacy

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

July 29, 2020

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....

  • Blog

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

July 23, 2020

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...

  • Blog

USCIS Wastes Time and Money With Increased Vetting in Citizenship Processing

July 21, 2020

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...

  • Blog

USCIS Holds Drive-Thru Naturalization Ceremonies to Work Through COVID-19 Backlog

July 13, 2020

U.S. Citizenship and Immigration Services (USCIS) expects, by the end of July, to have worked through nearly the entire backlog of naturalization oath ceremonies put on hold in response to the...

  • Fact Sheet

Employment-Based Visa Categories in the United States

June 12, 2020
Current U.S. immigration law provides several paths for foreign workers to enter the United States for employment purposes on a temporary or permanent basis. This fact sheet provides basic...
  • Fact Sheet

Asylum in the United States

June 11, 2020
Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. This fact sheet provides an overview of the asylum system in the United States, including...
  • Blog

Supreme Court Safeguards Federal Court Review of Torture Protections

June 4, 2020

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about...

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