Immigration Law Overview | Legal Form Articles

Immigration affairs are handled generally by two separate departments within the United States Federal government. Each department handles a different area of immigration law, and promulgates its own rules and forms.

The following is a brief overview of the roles that these two departments play, as well as a discussion of the forms and information that each provides to the public.

Department of State

A foreign citizen wishing to enter the United States must first obtain a visa to do so. As one of its primary functions with respect to immigration law, the U.S. Department of State is responsible for the issuance of visas.

A visa doesn’t permit entry to the U.S. A visa simply indicates that your application has been reviewed by a U.S. consular officer at an American embassy or consulate, and that the officer has determined you’re eligible to enter the country for a specific purpose. Consular affairs are the responsibility of the U.S. Department of State as per the attorneys in Brownsville TX who are experts on the subject.

A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.

There are two categories of U.S. visas: immigrant and nonimmigrant.

Immigrant visas are for people who intend to live permanently in the U.S. Nonimmigrant visas are for people with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis – for tourism, medical treatment, business, temporary work or study.

Note that the State Department is also responsible for the issuance of passports to U.S. citizens.

To obtain a visa, to see a list of forms available from the Department of State, or to find out more about United States visa policy, please visit the State Department’s travel website, the U.S. government Visa Homepage, or click on the appropriate link below:

Department of Homeland Security and United States Citizenship and Immigration Services

U.S. Citizenship and Immigration Services (USCIS) is responsible for handling a wide array of issues relating to immigration and naturalization. Since March of 2003, USCIS has assumed the responsibility for performing all citizenship and immigration functions that had previously been carried out by Immigration and Naturalization Services (INS).
USCIS processes all immigrant and non-immigrant benefits provided to visitors of the United States, including:

Family-based petitions — facilitating the process for close relatives to immigrate, gain permanent residency, work, adopt, etc.;
Employment-based petitions — facilitating the process for current and prospective employees to immigrate or stay in the U.S. temporarily;
Asylum and Refugee processing — adjudicating asylum and the processing of refugees;
Naturalization – approving citizenship of eligible persons who wish to become U.S. citizens;
Special status programs – adjudicating eligibility for U.S. immigration status as a form of humanitarian aid to foreign nationals; and,
Document issuance and renewal – including verification of eligibility, production and issuance of immigration documents

To obtain more information about USCIS benefits and services or to obtain forms necessary to apply for these services, please visit the USCIS website, or click the appropriate link below:

USCIS Forms and Fee Information
Immigration Laws, Regulations and Guides
Citizenship Applications and Information
Green Cards
Inter-Country Adoptions
List of USCIS Field Offices

Other Federal Agencies

Although the majority of immigration-related functions are carried out by the USCIS and the Department of State, there are some functions that are performed outside of those two agencies. For example, the following agencies are responsible for certain immigration-related services:

Department of Labor: Through Employment and Training Administration, the Labor Department issues forms allowing foreign citizens to apply for authorization to work in the U.S.
Social Security Administration: The SSA provides online information and assistance for immigrants desiring to apply for a Social Security ID Number.
Division of Immigration Health Services: The DIHS provides health care and services in support of U.S. immigration law enforcement. The forms required to apply for these services are available on the DIHS website.

For a comprehensive list of other immigration-related government websites, please see http://uscis.gov/graphics/othergov/index.htm.

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