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

It Is Legal to Seek Asylum

July 17, 2018

As thousands of asylum-seeking parents were separated from their children in recent months, the Trump administration actively portrayed them as law breakers who must be prosecuted and punished for...

  • Blog

14,000 Become U.S. Citizens to Celebrate Fourth of July

July 3, 2018

Coinciding with the Fourth of July each year, naturalization ceremonies turn immigrants into new American citizens. This Independence Day, U.S. Citizenship and Immigration Services (USCIS) will...

  • Blog

Re-Definition of ‘Public Charge’ Could Drastically Slash Family Immigration

June 28, 2018

The Trump administration is quietly attempting to revamp the U.S. immigration system by circumventing Congress and changing the nation’s immigration policies through new federal regulations. The...

  • Blog

Canadian Lawsuit Challenges the United States’ Designation as a Safe Country for Asylum Seekers

April 20, 2018

The United States has historically been viewed as a nation that welcomes refugees fleeing from violence and persecution in their home countries. Yet, the Trump administration recently reiterated...

  • Blog

Trump Administration Refugee Admissions Fall Drastically Short of Six-Month Benchmark

March 29, 2018

Six months into fiscal year 2018, the Trump administration has admitted roughly 10,520 refugees, a number so low that it may be impossible to reach the 45,000 target set by the administration last...

  • Blog

The Invisible Wall That President Trump Has Already Built

March 21, 2018

Legal immigration and the number of foreigners visiting the United States has taken a serious hit within the last year, as the Trump administration makes changes to policies and procedures without...

  • Blog

The Military’s Strategic and Recruitment Goals Fail When Immigrants Can’t Serve

November 9, 2017

The United States Armed Forces has long valued the contributions of immigrants—from the War of 1812 to the ongoing conflicts in the Middle East, U.S.-born and immigrant soldiers have fought...

  • Blog

How Anti-Immigrant Rhetoric Turns Immigrants Into Criminals

November 6, 2017

It has been well established for decades that the vast majority of immigrants are not criminals by any stretch of the imagination. Yet, immigrants who have committed no violent offense are often...

  • Blog

How the Diversity Visa Lottery Honors American Values

November 1, 2017

Americans value diversity and family. That is why our immigration system generally reflects those values. The U.S. diversity visa lottery, which was enshrined into law in 1990, was created to...

  • Blog

Trump Administration Issues New Visa Sanctions on Four Countries, In Retaliation for Their Stance on Deportation

September 14, 2017

Following through on a directive from President Trump made during his first week in office, the State Department on Monday invoked a rarely-used law to impose visa restrictions on Cambodia,...

  • Fact Sheet

How the United States Immigration System Works

October 10, 2019
U.S. immigration law is very complex, and there is much confusion as to how it works. This fact sheet provides basic information about how the U.S. legal immigration system is designed.
  • 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...

  • Press Release

New Public Charge Rule Guts Legal Immigration Eligibility

August 12, 2019
The Department of Homeland Security announced a new regulation that redefines who can be considered a “public charge” under immigration law. The new regulation will likely have a chilling effect on America’s family-based immigration system, drastically limiting who will be permitted into the United States.
  • Advocacy

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

July 16, 2019
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests.
  • 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...

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