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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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
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
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
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
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
America's story is an immigrant story.
