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| ====== The Immigration and Nationality Act (INA): Your Ultimate Guide to America's Core Immigration Law ====== | ====== The Immigration and Nationality Act (INA): An Ultimate Guide ====== |
| **LEGAL DISCLAIMER:** This article provides general, informational content for educational purposes only. It is not a substitute for professional legal advice from a qualified attorney. The U.S. immigration system is exceptionally complex and constantly changing. Always consult with a qualified immigration lawyer for guidance on your specific legal situation. | **LEGAL DISCLAIMER:** This article provides general, informational content for educational purposes only. It is not a substitute for professional legal advice from a qualified attorney. Always consult with a lawyer for guidance on your specific legal situation. |
| ===== What is the Immigration and Nationality Act (INA)? A 30-Second Summary ===== | ===== What is the Immigration and Nationality Act (INA)? A 30-Second Summary ===== |
| Imagine the United States is an enormous, exclusive club with a centuries-old history. The **Immigration and Nationality Act (INA)** is the club's master rulebook. This isn't a small pamphlet; it's a massive, multi-volume library that dictates everything about membership. It has detailed rules for temporary guests (like tourists and students on `[[nonimmigrant_visas]]`), a rigorous application process for those who want to become permanent members (obtaining a `[[green_card]]`), and a final, solemn ceremony for those who wish to become part of the club's leadership with full voting rights (`[[naturalization]]` and citizenship). | Imagine the United States has a massive, intricate rulebook that governs every single person who wants to enter, live in, or become a citizen of the country. This rulebook dictates who gets a key to the front door (an immigrant visa), who gets a temporary visitor pass (a nonimmigrant visa), the conditions for staying, and the process for eventually becoming a member of the family (citizenship). It also lays out the reasons someone might be asked to leave. That master rulebook is the **Immigration and Nationality Act**, or the **INA**. |
| But this rulebook also contains strict codes of conduct. It has a long list of reasons why someone might be denied entry at the door (inadmissibility) and an equally serious list of offenses that can get a member, even a long-standing one, kicked out (deportability). For anyone who is not a U.S. citizen, the INA is the single most important legal document that governs their ability to be in the country. It’s the blueprint for the American dream for some, and a labyrinth of legal challenges for others. | For an ordinary person, the INA isn't just an abstract law; it's the invisible architecture shaping the most profound decisions of your life or the lives of your family, friends, and colleagues. It determines whether a student can study at a U.S. university, a company can hire a brilliant engineer from abroad, a family can be reunited, or a person fleeing persecution can find safety. Understanding its basic structure is the first, most empowering step you can take in navigating the complex world of U.S. immigration. |
| * **The Foundational Law:** The **Immigration and Nationality Act (INA)** is the primary and fundamental body of law governing all immigration and citizenship in the United States. It is the bedrock upon which the entire U.S. immigration system is built. | * **The Foundation of Modern Law:** The **Immigration and Nationality Act** is the core body of law that governs all U.S. immigration and citizenship policy, first passed in 1952 and significantly amended over the decades. [[mccarran-walter_act]] |
| * **Direct & Personal Impact:** The **INA** directly controls your life if you are a foreign national seeking to visit, work, or live in the U.S., a permanent resident maintaining your status, a citizen petitioning for a family member, or a business hiring international talent. | * **Your Direct Connection:** The **Immigration and Nationality Act** directly controls the entire process of coming to the U.S., from applying for a [[visa]] to obtaining a [[green_card]] and ultimately pursuing [[naturalization]]. |
| * **Two Critical Gates:** Understanding the **INA's** strict rules on **admissibility** (who can enter) and **deportability** (who can be forced to leave) is absolutely essential. A mistake or misunderstanding can lead to `[[family_separation]]`, career disruption, and permanent bars from the United States. | * **A System of Rules and Consequences:** The **Immigration and Nationality Act** clearly defines not only the pathways to legal status but also the specific reasons a person can be denied entry ([[inadmissibility]]) or be forced to leave ([[deportability]]). |
| ===== Part 1: The Legal Foundations of the INA ===== | ===== Part 1: The Legal Foundations of the INA ===== |
| ==== The Story of the INA: A Historical Journey ==== | ==== The Story of the INA: A Historical Journey ==== |
| The INA didn't appear out of thin air. It's the product of centuries of debate, conflict, and shifting national identity. Understanding its history is key to understanding its complexities today. | The INA was not created in a vacuum. It is the product of a long, often contentious, journey reflecting America's evolving identity. Before 1952, U.S. immigration law was a messy patchwork of statutes. The most notorious was the National Origins Formula, established in the 1920s, which set severe quotas heavily favoring immigrants from Northern and Western Europe while drastically limiting everyone else. |
| * **Early Years (1790-1880): An Open, but Not Equal, Door:** Early laws, like the `[[naturalization_act_of_1790]]`, were brief. They allowed any "free white person" of "good moral character" to become a citizen after two years of residence. The door was open, but only for a select few. The concept of "immigration" as we know it didn't really exist; the focus was on who could become a citizen. | This system was codified, but also slightly reformed, by the **Immigration and Nationality Act of 1952**, also known as the **[[mccarran-walter_act]]**. Passed during the height of the Cold War, this Act kept the discriminatory national origins quota system but also organized all previous immigration statutes into one comprehensive text for the first time. It created the basic structure of the law we still use today. |
| * **The Rise of Restriction (1882-1924): Building Walls:** The late 19th century saw the first major federal restrictions on immigration. The infamous `[[chinese_exclusion_act_of_1882]]` was the first law to ban a specific ethnic group. This era established the federal government's supreme, or "plenary," power over immigration. The Immigration Act of 1924 established a national origins quota system, which was explicitly designed to limit immigration from Southern and Eastern Europe and virtually all of Asia, favoring immigrants from Northern and Western Europe. This system would dominate U.S. immigration policy for the next 40 years. | The most transformative moment came with the **Immigration and Nationality Act Amendments of 1965**, or the **[[hart-celler_act]]**. Championed during the [[civil_rights_movement]], this landmark legislation abolished the national origins quota system. It replaced it with a new preference system that prioritized family relationships and skilled workers. This single change fundamentally reshaped the demographic landscape of the United States, opening the doors to immigrants from Asia, Africa, and Latin America in numbers never seen before. Since 1965, the INA has been amended many times to address issues like refugees ([[refugee_act_of_1980]]), illegal immigration, and security concerns after 9/11. |
| * **Codification in the Cold War (1952): The Birth of the INA:** In the thick of the Cold War, Congress passed the **Immigration and Nationality Act of 1952**, also known as the `[[mccarran-walter_act_of_1952]]`. This act didn't fundamentally change the discriminatory quota system, but it did something critically important: it collected and organized all the disparate immigration, naturalization, and nationality statutes into one comprehensive text for the first time. It created the basic structure of the law we still use today, with its classifications for immigrants and nonimmigrants and its grounds for inadmissibility and deportation, heavily colored by fears of Communism. This is the "original" INA. | ==== The Law on the Books: The INA and the U.S. Code ==== |
| * **The Civil Rights Era Revolution (1965): The Hart-Celler Act:** The most significant amendment to the INA came with the `[[hart-celler_act_of_1965]]`. Passed at the height of the `[[civil_rights_movement]]`, this law abolished the racist national origins quota system. In its place, it established a preference system based on **family relationships** and **job skills**. This single act dramatically changed the demographics of immigration to the United States, opening the doors to people from all over the world, particularly from Asia and Latin America. The principles of family reunification it championed remain the cornerstone of the INA today. | When lawyers and judges talk about the INA, they are referring to the act itself. However, for legal organization, the entire INA has been placed into the [[united_states_code]] (U.S.C.), which is the official compilation of all federal laws. |
| * **Modern Amendments (1986-Present): Enforcement and Complexity:** | You will find the provisions of the INA located in **[[title_8_of_the_u.s._code]]**. |
| * **The Immigration Reform and Control Act of 1986 (`[[irca]]`):** This act attempted a "three-legged stool" approach: it granted a historic `[[amnesty]]` to millions of undocumented immigrants, created sanctions for employers who knowingly hired undocumented workers (leading to the ubiquitous Form I-9), and increased funding for border enforcement. | For example, when an immigration lawyer discusses the grounds for being deportable, they might cite **INA § 237**. This corresponds to the legal code section **8 U.S.C. § 1227**. They are the same law, just referenced in two different ways. The INA provides the structure and names (e.g., "Title II, Chapter 4"), while the U.S. Code provides the numerical address. |
| * **The Immigration Act of 1990 (`[[immaet_of_1990]]`):** This law increased the total number of legal immigrants allowed, created the Diversity Visa Lottery, and established the current categories for employment-based visas. | ==== A Nation of Contrasts: Federal Power vs. State Interaction ==== |
| * **The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (`[[iirira]]`):** This was a seismic shift towards enforcement. It dramatically expanded the list of crimes that could lead to deportation, limited judicial review of deportation orders, and created a process called `[[expedited_removal]]` that allows low-level immigration officers to deport certain individuals at the border without a hearing before a judge. Many of the harshest aspects of modern immigration law trace back to IIRIRA. | Immigration is almost exclusively a matter of **federal law**. The U.S. Constitution grants Congress the sole authority to "establish an uniform Rule of Naturalization." This means that the rules for who can immigrate and become a citizen are set by the federal government through the INA, not by individual states. |
| ==== The Law on the Books: Statutes and Codes ==== | However, states still play a significant role in the lives of immigrants, leading to a patchwork of policies across the country. This table shows how federal authority interacts with state-level decisions. |
| When lawyers talk about the "INA," they are referring to the Act itself. However, for legal citation, the INA is found within the U.S. Code. | ^ **Area of Law** ^ **Federal Power (via the INA)** ^ **State-Level Interaction & Examples** ^ |
| * **The Official Source:** The Immigration and Nationality Act is codified as **Title 8 of the United States Code (`[[title_8_of_the_u.s._code]]`)**. Think of the INA as the name of a book, and Title 8 of the U.S. Code as its location in the national law library. While the INA has its own section numbers (e.g., INA § 212), these correspond to sections in Title 8 (e.g., 8 U.S.C. § 1182). | | **Driver's Licenses** | The REAL ID Act sets federal standards for state-issued IDs to be used for federal purposes (like boarding a plane). | **Varies Greatly:** States like California, New York, and Illinois have laws allowing undocumented immigrants to obtain driver's licenses (which are not REAL ID compliant). States like Texas and Florida do not. | |
| The INA itself is organized into five main titles, each covering a major area of immigration law: | | **In-State Tuition** | Federal law generally prohibits states from granting in-state tuition to undocumented students unless they offer the same to all U.S. citizens. | **State Discretion:** At least 23 states, including California and Texas, have passed their own laws to offer in-state tuition rates to certain undocumented students who meet residency and high school graduation requirements. | |
| * **Title I - General Provisions:** This title sets out the definitions of key terms used throughout the act (like "alien," "immigrant," "child," "spouse") and outlines the powers and duties of the government agencies responsible for enforcing the law, such as the `[[department_of_homeland_security_(dhs)]]` and the `[[department_of_state_(dos)]]`. | | **Law Enforcement** | Federal agencies like [[ice]] and [[cbp]] are responsible for enforcing the INA. | **"Sanctuary" Policies:** Some states and cities (e.g., San Francisco, Chicago) have "sanctuary" policies that limit local law enforcement's cooperation with federal immigration authorities, such as declining to hold individuals on an ICE detainer without a judicial warrant. | |
| * **Title II - Immigration:** This is the heart of the INA and the part that affects the most people. It is massive and covers: | | **Public Benefits** | The INA and subsequent welfare reform laws place strict limits on non-citizens' eligibility for federal benefits like SNAP (food stamps) or TANF. | **State-Funded Programs:** Some states, like California, use their own funds to provide certain benefits, such as healthcare or food assistance, to immigrants who are ineligible for federal programs. | |
| * **Allocation of Visas:** The complex quota and preference systems for family-based and employment-based immigration. | **What this means for you:** Where you live can dramatically affect your daily life as an immigrant, even though the core immigration rules are the same everywhere. |
| * **Qualifications of Aliens:** The rules for both nonimmigrants (temporary visitors) and immigrants (permanent residents). | ===== Part 2: Deconstructing the Core Provisions of the INA ===== |
| * **Inadmissibility:** The famous **`[[ina_section_212(a)]]`**, which provides a comprehensive list of reasons a person can be denied a visa or entry into the U.S. | The INA is a massive document, organized into several "Titles." Think of these as major books within the larger rulebook. Here are the most important ones for the average person to understand. |
| * **Deportability:** The equally important **`[[ina_section_237]]`**, which lists the reasons a person already inside the U.S. can be placed in `[[removal_proceedings]]`. | ==== Title I: The Dictionary of U.S. Immigration ==== |
| * **Asylum and Refugees:** The legal framework for protecting those fleeing persecution. | This section is foundational. It provides the official definitions for all the key terms used throughout the law. The most critical definition is that of an **"alien,"** which the INA defines as "any person not a citizen or national of the United States." While this term can sound harsh, in the INA, it is a purely technical, legal term. In modern practice, terms like "noncitizen" or "foreign national" are often preferred in conversation. Title I defines dozens of other crucial terms, such as "immigrant," "nonimmigrant," "refugee," and "lawful permanent resident." |
| * **Title III - Nationality and Naturalization:** This title deals with U.S. citizenship. It explains how citizenship is acquired at birth (both in the U.S. and abroad to U.S. citizen parents) and the requirements and procedures for a foreign national to become a U.S. citizen through `[[naturalization]]`. | ==== Title II: The Gates and Fences - Who Comes In, Stays In, or Must Leave ==== |
| * **Title IV - Miscellaneous and Refugee Assistance:** This title includes a variety of provisions, including the creation of the Office of Refugee Resettlement and rules on how immigration data is collected. | This is the operational heart of the INA. It governs the entire system of visas, admissions, and removals. |
| * **Title V - Alien Terrorist Removal Procedures:** Added later, this title creates special procedures for removing non-citizens suspected of terrorism. | === A Tale of Two Visas: Immigrant vs. Nonimmigrant === |
| ==== A Nation of Contrasts: Federal vs. State Roles in Immigration ==== | The INA creates a fundamental fork in the road for every noncitizen: |
| A common point of confusion is the role states play in immigration. The `[[u.s._constitution]]` gives the federal government exclusive authority to make immigration laws. A state like California or Texas cannot create its own visa program or decide who can be deported. However, states and localities intersect with federal immigration law in many ways, creating a patchwork of policies across the country. | * **Nonimmigrant Visas:** These are for **temporary stays** for a specific purpose. Think of tourists (B-2 visa), students (F-1 visa), and temporary specialty workers (H-1B visa). The person is expected to return to their home country after their purpose is fulfilled. |
| ^ **Area of Policy** ^ **Federal Power (Exclusive)** ^ **State Power (Limited & Indirect)** ^ **What This Means For You** ^ | * **Immigrant Visas:** These are for people who intend to **live permanently** in the United States. This is the path to a **[[green_card]]** (lawful permanent residence). These are much harder to get and are generally limited to three main paths: |
| | **Admitting Immigrants** | Sets all criteria for visas and green cards. Operates embassies and ports of entry. | **None.** A state cannot issue a visa or grant lawful permanent residence. | Your eligibility for a visa or green card is determined solely by federal law (the INA), regardless of which state you plan to live in. | | - **Family-Based:** Being sponsored by a close U.S. citizen or lawful permanent resident relative. |
| | **Enforcement** | `[[ice]]` and `[[cbp]]` enforce federal immigration laws. Conducts arrests, detention, and deportations. | Can choose to cooperate with federal enforcement. Local police can participate in `[[287(g)_agreements]]` to act as de facto immigration agents. Conversely, some states/cities have "sanctuary" policies limiting cooperation. | If you have an encounter with local police, the consequences could vary drastically. In a state like Arizona, police may be more likely to inquire about your immigration status and contact ICE. In a city like San Francisco, they may be prohibited from doing so. | | - **Employment-Based:** Being sponsored by a U.S. employer for your specific skills. |
| | **Public Benefits** | Sets rules for immigrant eligibility for federal benefits like Social Security and food stamps. | Determines eligibility for state-funded benefits, like state health insurance programs or in-state college tuition (`[[dream_act]]` laws). | Your access to critical resources like healthcare and education can depend heavily on your state's laws. States like California (via the CA DREAM Act) offer in-state tuition to undocumented students, while others do not. | | - **Diversity Visa:** A lottery system for individuals from countries with historically low rates of immigration to the U.S. |
| | **Employment Verification** | Requires all employers to use Form I-9. Operates the optional `[[e-verify]]` system. | Can mandate that all or some employers within the state use the federal E-Verify system. | The process of proving you are authorized to work may have an extra layer of scrutiny depending on your state. Florida, for example, has laws requiring many employers to use E-Verify. | | === The Grounds of Inadmissibility: Why You Might Be Denied Entry (INA § 212(a)) === |
| ===== Part 2: Deconstructing the Core Provisions ===== | The INA doesn't just say who *can* come in; it has a long list of reasons to keep people out. These are called the **"grounds of inadmissibility."** Think of this as a checklist used by consular officers and border agents. If you "check" any of these boxes, you are generally barred from receiving a visa or entering the U.S. unless you can get a [[waiver_of_inadmissibility]]. |
| The INA is a vast legal text. To understand it, we must break it down into its most important functions and concepts. | Key categories include: |
| ==== The Anatomy of the INA: Key Components Explained ==== | * **Health-Related Grounds:** Having certain communicable diseases. |
| Think of the INA as having four main pillars that determine a person's entire immigration journey: nonimmigrant status, immigrant status, inadmissibility/deportability, and naturalization. | * **Criminal Grounds:** Convictions for certain crimes, especially "crimes involving moral turpitude" ([[cimt]]). |
| === Pillar 1: Nonimmigrant Visas (Temporary Stays) === | * **Security Grounds:** Suspected links to terrorism or espionage. |
| A `[[nonimmigrant_visa]]` is for a foreign national seeking to enter the U.S. for a temporary period and a specific purpose. A key requirement for most nonimmigrant visas is proving "nonimmigrant intent"—that is, you intend to return to your home country after your stay. | * **Public Charge:** The likelihood that you will become primarily dependent on the government for subsistence. This is a highly controversial and complex ground. |
| **Analogy:** This is like getting a temporary guest pass to the "USA Club." You can visit the clubhouse, use the facilities for a specific reason (tourism, study, temporary work), but you are expected to leave when your pass expires. | * **Illegal Entry and Immigration Violations:** Previous deportations, visa overstays, or misrepresentation ([[immigration_fraud]]). |
| Here are a few of the most common nonimmigrant categories established by the INA: | === The Grounds of Deportability: Why You Might Be Removed (INA § 237) === |
| ^ **Visa Category** ^ **Purpose** ^ **Who It's For** ^ **Common Example** ^ | Even after you've been lawfully admitted to the U.S., you are not necessarily safe forever. The INA also has a list of reasons why a noncitizen—even a green card holder—can be placed in [[removal_proceedings]] and deported. These are the **"grounds of deportability."** |
| | **B Visas** | Tourism, business meetings, or medical treatment. | Tourists, business travelers, people seeking short-term medical care. | A family from Germany coming to visit the Grand Canyon for two weeks on a **B-2 visa**. | | Common grounds include: |
| | **F-1 Visas** | Academic study at an approved school. | Students attending high school, college, or university. | A student from South Korea enrolling in a four-year computer science program at a U.S. university. | | * **Criminal Convictions:** Being convicted of certain crimes *after* you have been admitted to the U.S. This is one of the most common reasons for deportation. The list of crimes is long and includes "aggravated felonies," which is a special immigration law term for a broad category of offenses. |
| | **H-1B Visas** | Temporary work in a "specialty occupation." | Professionals with a bachelor's degree or equivalent in fields like tech, finance, and engineering. | A software engineer from India hired by a U.S. tech company. This visa is subject to an annual lottery due to high demand. | | * **Status Violations:** For nonimmigrants, working without authorization or overstaying your visa. |
| | **L-1 Visas** | Intracompany transfer. | Managers, executives, or employees with specialized knowledge moving from a foreign office to a U.S. office of the same company. | A marketing director for a Japanese car company transferring from the Tokyo headquarters to the U.S. headquarters in California. | | * **Fraud:** If it is discovered you used fraud to get your visa or green card. |
| | **O-1 Visas** | Individuals with extraordinary ability. | Top-tier artists, scientists, athletes, and businesspeople. | A Nobel Prize-winning scientist coming to the U.S. for a research project or a world-famous musician planning a concert tour. | | * **Security-Related Grounds:** Becoming involved in terrorist activities after entry. |
| | **K-1 Visas** | Fiancé(e) of a U.S. citizen. | A foreign national engaged to marry a U.S. citizen. They must marry within 90 days of entry. | An American citizen who met their partner from the Philippines online petitions for them to come to the U.S. to get married. | | ==== Title III: The Path to "We the People" - Nationality and Naturalization ==== |
| === Pillar 2: Immigrant Visas (Permanent Residence) === | This Title answers two fundamental questions: Who is a U.S. citizen at birth, and how can a noncitizen become one? |
| An `[[immigrant_visa]]`, commonly known as a **`[[green_card]]`**, grants a person **`[[lawful_permanent_resident]]` (LPR)** status. This allows them to live and work permanently in the United States and is the primary path to eventual citizenship. Unlike nonimmigrants, immigrants must have "immigrant intent." | * **Birthright Citizenship:** It codifies the principle of [[jus_soli]], primarily from the [[fourteenth_amendment]], granting citizenship to nearly everyone born on U.S. soil. It also governs [[jus_sanguinis]], the rules for acquiring citizenship through American citizen parents while being born abroad. |
| **Analogy:** This is the formal application to become a permanent member of the "USA Club." Once approved, you get a membership card (the green card), can use almost all club facilities indefinitely, and are on the path to full leadership rights. | * **Naturalization:** This is the legal process by which a lawful permanent resident can apply to become a U.S. citizen. The INA sets the core requirements for [[naturalization]], which include: |
| The INA allocates most immigrant visas through two main pathways: | - A period of continuous residence and physical presence in the U.S. (typically 5 years, or 3 if married to a U.S. citizen). |
| * **Family-Based Immigration:** This is the cornerstone of the INA. U.S. citizens and LPRs can petition for certain relatives to receive green cards. The system is divided into two tiers: | - Knowledge of U.S. history and government (the civics test). |
| * **Immediate Relatives (IR):** Spouses, unmarried children under 21, and parents of U.S. citizens. There is **no numerical limit** on visas for this category, so the wait time is generally just the administrative processing time. | - The ability to read, write, and speak basic English. |
| * **Family Preference Categories (F):** Other family relationships, such as unmarried adult children of citizens (F1), spouses and minor children of LPRs (F2A), unmarried adult children of LPRs (F2B), married children of citizens (F3), and siblings of citizens (F4). These categories are **subject to annual numerical caps**, which has created enormous backlogs, sometimes decades-long, for people from high-demand countries like Mexico, India, the Philippines, and China. An applicant's place in line is determined by their `[[priority_date]]`. | - Good moral character. |
| * **Employment-Based Immigration:** This pathway is for foreign workers, professionals, and investors. Like the family categories, it is subject to annual caps and is divided into preference categories: | - An attachment to the principles of the U.S. Constitution. |
| * **EB-1:** Priority Workers (persons of extraordinary ability, outstanding professors/researchers, multinational managers). | ==== Title IV: A Haven for the Persecuted - Refugees and Asylum ==== |
| * **EB-2:** Professionals with advanced degrees or persons of exceptional ability. | This section, heavily influenced by international law and the [[refugee_act_of_1980]], establishes the legal framework for protecting those fleeing persecution. |
| * **EB-3:** Skilled workers, professionals, and other workers. | * **[[Asylum]]**: Granted to individuals who are **already in the U.S.** or at a port of entry and can prove they have a well-founded fear of persecution in their home country based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. |
| * **EB-4:** Special Immigrants (e.g., religious workers). | * **[[Refugee]] Status**: Granted to individuals who are **outside the U.S.** and meet the same definition of persecution. They are screened and approved abroad before traveling to the U.S. |
| * **EB-5:** Immigrant Investors who invest a significant amount of capital (currently over $800,000) into a U.S. enterprise that creates jobs. | |
| === Pillar 3: Admissibility and Deportability - The Two Gates === | |
| This is arguably the most complex and high-stakes part of the INA. It acts as a double-layered security system. | |
| * **Gate #1: Inadmissibility (Section 212(a)) - The Gatekeeper's Checklist:** | |
| `[[ina_section_212(a)]]` lists all the reasons a foreign national can be stopped at the border or denied a visa. It is a checklist that every single applicant must pass. If you are "inadmissible," you cannot legally enter or get a green card unless you qualify for a `[[waiver_of_inadmissibility]]`. | |
| **Analogy:** This is the bouncer at the club door with a long list. If your name is on the list for any reason—health issues, past crimes, financial problems—you are not getting in. | |
| **Major Grounds of Inadmissibility:** | |
| * **Health-Related Grounds:** Having a communicable disease of public health significance, failing to show proof of required vaccinations, or having a physical or mental disorder with associated harmful behavior. | |
| * **Criminal Grounds:** Convictions for certain crimes, including crimes involving "moral turpitude" (`[[crime_involving_moral_turpitude]]`), multiple criminal convictions, controlled substance trafficking, prostitution, and money laundering. This is one of the most complex areas. | |
| * **Security and Terrorism-Related Grounds:** Any ties to espionage, sabotage, terrorism, or membership in a totalitarian party. This was greatly expanded after 9/11. | |
| * **Public Charge Ground:** The likelihood that a person will become primarily dependent on the government for subsistence. Officers look at age, health, family status, assets, and education. This is a highly controversial and scrutinized ground. | |
| * **Illegal Entry and Immigration Violations:** Having been previously deported, being in the U.S. unlawfully for certain periods (triggering 3 or 10-year bars), or committing `[[visa_fraud]]` or misrepresentation. | |
| * **Documentation Grounds:** Lacking a valid visa or travel documents. | |
| * **Gate #2: Deportability (Section 237) - The Code of Conduct:** | |
| `[[ina_section_237]]` applies to people **already inside** the United States, including lawful permanent residents. It lists the violations that can cause someone to be placed in `[[removal_proceedings]]` (deportation). | |
| **Analogy:** This is the club's code of conduct. If you, as a member (even a permanent one), break a serious rule, your membership can be revoked and you can be kicked out. | |
| **Major Grounds of Deportability:** | |
| * **Inadmissible at Time of Entry:** If it's discovered that you were actually inadmissible when you got your visa or green card (e.g., you hid a criminal conviction). | |
| * **Status Violations:** Overstaying a visa or working without authorization. | |
| * **Criminal Convictions (Post-Entry):** Being convicted of certain crimes **after** entering the U.S. The list is extensive and includes one `[[crime_involving_moral_turpitude]]` committed within five years of admission (if a sentence of one year or more is possible), two CIMTs at any time, an "aggravated felony," a drug conviction (other than a single offense of simple possession of 30g or less of marijuana for personal use), and domestic violence crimes. The definition of `[[aggravated_felony]]` is notoriously broad and can include crimes that are misdemeanors under state law. | |
| * **Security Grounds:** Engaging in terrorism-related activities after admission. | |
| * **Public Charge:** Becoming a public charge within five years of entry for reasons that existed *before* you entered the U.S. | |
| === Pillar 4: Naturalization (The Path to Citizenship) === | |
| `[[naturalization]]` is the process by which a lawful permanent resident can become a full U.S. citizen. Title III of the INA lays out the requirements. | |
| **Analogy:** After being a permanent member of the club for years and proving your commitment, you can apply to join the club's governing board, with the right to vote for its leaders and run for office yourself. | |
| **Key Requirements for Naturalization:** | |
| * **Be at least 18 years old.** | |
| * **Be a Lawful Permanent Resident for a continuous period** (generally 5 years, or 3 years if married to a U.S. citizen). | |
| * **Have continuous residence and physical presence** in the U.S. for the required period. | |
| * **Be a person of "good moral character."** This is a discretionary standard where `[[uscis]]` will look at your entire history, especially the 5-year statutory period before you apply. | |
| * **Demonstrate an attachment to the principles of the U.S. Constitution.** | |
| * **Be able to read, write, and speak basic English.** | |
| * **Pass a U.S. history and civics test.** | |
| * **Take an Oath of Allegiance** to the United States. | |
| ==== The Players on the Field: Who's Who in the INA System ==== | |
| The INA isn't just a book; it's a living system operated by a vast bureaucracy. Knowing the players is essential. | |
| * **The Department of Homeland Security (`[[dhs]]`):** Created after 9/11, DHS is the massive cabinet department that oversees most immigration functions within the U.S. | |
| * **U.S. Citizenship and Immigration Services (`[[uscis]]`):** The "benefits" agency. If you are applying for a green card from within the U.S., seeking asylum, or applying for citizenship, you will deal with USCIS. They are the adjudicators who approve or deny applications. | |
| * **U.S. Immigration and Customs Enforcement (`[[ice]]`):** The "interior enforcement" agency. ICE is responsible for identifying, arresting, detaining, and deporting non-citizens who have violated immigration law. Their Enforcement and Removal Operations (ERO) division carries out deportations. | |
| * **U.S. Customs and Border Protection (`[[cbp]]`):** The "border" agency. CBP officers are the uniformed personnel you see at airports and land borders. They have the power to inspect all people entering the U.S. and to decide whether to admit them or turn them away. | |
| * **The Department of State (`[[dos]]`):** This department is in charge of immigration functions **outside** the U.S. Its consular officers at U.S. embassies and consulates around the world are the ones who interview visa applicants and issue the physical visa stamps in passports. | |
| * **The Department of Justice (`[[doj]]`):** The DOJ runs the nation's immigration court system. | |
| * **Executive Office for Immigration Review (`[[eoir]]`):** The umbrella organization for immigration courts. When ICE seeks to deport someone, the case is heard by an Immigration Judge (IJ) who works for EOIR. IJs are not part of the independent federal judiciary; they are attorneys working for the executive branch. | |
| * **Board of Immigration Appeals (`[[bia]]`):** If an Immigration Judge orders you deported, you can appeal the decision to the BIA. The BIA is the highest administrative body for interpreting and applying immigration laws. | |
| * **The Department of Labor (`[[dol]]`):** For most employment-based green cards and some work visas, the DOL plays a key first step. An employer must often prove to the DOL (through a process called `[[labor_certification]]` or PERM) that there are no willing and qualified U.S. workers available for the job being offered to a foreign national. | |
| ===== Part 3: Your Practical Playbook ===== | ===== Part 3: Your Practical Playbook ===== |
| ==== Step-by-Step: Navigating a Basic INA Process (e.g., A Family-Based Green Card) ==== | ==== Step-by-Step: Navigating Your Immigration Journey Under the INA ==== |
| This is a simplified overview of a common scenario: a U.S. citizen petitioning for a spouse who is already in the U.S. legally on a temporary visa (a process called `[[adjustment_of_status]]`). | The INA creates the path, but walking it requires careful steps. While every case is unique, the general process often follows this pattern. |
| === Step 1: Confirm Eligibility and Relationship === | === Step 1: Determine Your Goal and Identify Your Path === |
| * **Action:** The U.S. citizen (the "petitioner") and the foreign spouse (the "beneficiary") must first ensure they have a legally valid, "bona fide" marriage. This means the marriage was entered into for genuine love and companionship, not solely to obtain an immigration benefit. | First, be clear about your objective. Are you trying to visit for a holiday, study for a degree, work for a few years, or live here permanently? Your goal determines which path you must take. Is it based on a family tie? A job offer? A fear of persecution? This initial self-assessment is critical. You must find the specific visa category in the INA that fits your situation. |
| * **Evidence Gathering:** Collect proof of your relationship: marriage certificate, joint bank account statements, joint lease or mortgage, photos together, affidavits from friends and family. | === Step 2: The Petition (If Required) === |
| === Step 2: File the Initial Petition (Form I-130) === | For most family-based and employment-based immigrant visas, the process begins with a sponsor (a relative or employer) filing a petition with **[[uscis]]** (U.S. Citizenship and Immigration Services). This petition, like the Form I-130 for a relative, doesn't grant any benefit by itself. It simply asks USCIS to recognize the qualifying relationship. Its approval is the key that unlocks the next stage. |
| * **Action:** The U.S. citizen petitioner files **Form I-130, Petition for Alien Relative**, with USCIS. This form establishes the existence of the qualifying family relationship. | === Step 3: The Application and Consular Processing/Adjustment of Status === |
| * **Key Document:** This is the foundational petition. You must include the marriage certificate and proof of the petitioner's U.S. citizenship. | Once the petition is approved and a visa is available, the intending immigrant files their own application. |
| === Step 3: File the Adjustment of Status Application (Form I-485) === | * **Consular Processing:** If you are outside the U.S., you will apply for your visa at a U.S. embassy or consulate in your home country. This involves extensive paperwork, a security check, a medical exam, and a final interview with a consular officer. |
| * **Action:** Because a spouse of a U.S. citizen is an "immediate relative," there is no visa backlog. Therefore, the beneficiary can typically file **Form I-485, Application to Register Permanent Residence or Adjust Status**, concurrently (at the same time) with the Form I-130. | * **[[Adjustment_of_status]]**: If you are already in the U.S. under a lawful admission (and meet strict eligibility rules), you may be able to "adjust your status" to that of a lawful permanent resident without leaving the country. This is done by filing Form I-485 with USCIS. |
| * **Crucial Check:** Before filing, the beneficiary must ensure they are admissible under `[[ina_section_212(a)]]`. You will have to answer detailed questions about your entire history, including criminal, health, and immigration history. Hiding information is `[[visa_fraud]]` and can have catastrophic consequences. | === Step 4: Evidence, Interviews, and Adjudication === |
| === Step 4: The Biometrics Appointment and Work Authorization === | Whether you are at a consulate abroad or a USCIS office in the U.S., you must prove your eligibility. This means providing extensive evidence to support your claim (birth certificates, marriage certificates, employment records, etc.). An officer will interview you to verify your identity, your eligibility, and your admissibility under INA § 212(a). |
| * **Action:** After filing, USCIS will schedule the beneficiary for a "biometrics" appointment to have their fingerprints and photograph taken for background checks. | === Step 5: Understanding and Responding to Denials or Removal === |
| * **Benefit:** Concurrently with the I-485, you can also file for an Employment Authorization Document (EAD) and Advance Parole (for travel). This allows the beneficiary to work legally in the U.S. while the green card application is pending. | If your application is denied, you must receive a reason in writing. You may have the right to appeal the decision to a higher authority, like the [[board_of_immigration_appeals]] (BIA) or federal court. If you are placed in removal proceedings, you have the right to a hearing before an immigration judge, where you can present your case for why you should be allowed to stay. This is an adversarial process where you face a government attorney, making legal representation essential. You must be aware of the [[statute_of_limitations]] for filing appeals or motions. |
| === Step 5: The Green Card Interview === | |
| * **Action:** USCIS will schedule both spouses for an interview at a local USCIS field office. A USCIS officer will place you under oath and ask questions to verify the authenticity of the marriage and the beneficiary's admissibility. | |
| * **Preparation:** Be prepared to answer questions about your relationship, from how you met to details about your daily life. The officer is trained to detect marriage fraud. | |
| === Step 6: The Decision and Conditional Residence === | |
| * **Action:** If the interview is successful, the beneficiary's green card will be approved. | |
| * **Important Note:** If the marriage is less than two years old at the time of approval, the beneficiary will receive a **`[[conditional_residence]]`** green card, valid for only two years. To get the permanent 10-year green card, the couple must jointly file **Form I-751, Petition to Remove Conditions on Residence**, within the 90-day window before the conditional card expires. This is a final check to ensure the marriage is still legitimate. | |
| ==== Essential Paperwork: Key Forms and Documents ==== | ==== Essential Paperwork: Key Forms and Documents ==== |
| * **`*` Form I-130, Petition for Alien Relative:** | The INA is administered through a mountain of paperwork. Here are three of the most common forms: |
| * **Purpose:** Used by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with a foreign relative who wants to immigrate to the U.S. | * **Form I-130, Petition for Alien Relative:** This is the starting point for most family-based immigration. A U.S. citizen or green card holder files this form to prove their relationship to a foreign relative and ask the government to recognize them as eligible for an immigrant visa. |
| * **Official Source:** `https://www.uscis.gov/i-130` | * **Form I-485, Application to Register Permanent Residence or Adjust Status:** This is the application for a green card filed by someone who is already physically inside the United States. It's a comprehensive form that asks about every ground of inadmissibility. |
| * **Tip:** The most critical part is providing irrefutable proof of the relationship. For a spouse, this is a marriage certificate and evidence of a shared life. For a child, it's a birth certificate. | * **Form N-400, Application for Naturalization:** This is the final step in the journey for many. A lawful permanent resident files this form to apply for U.S. citizenship after meeting all the residency and other requirements set by the INA. |
| * **`*` Form I-485, Application to Register Permanent Residence or Adjust Status:** | ===== Part 4: Landmark Cases That Shaped Today's Law ===== |
| * **Purpose:** This is the main application for a green card for individuals who are already physically present in the United States. | The INA is a statute, but its meaning is constantly interpreted by the courts. These landmark cases have had a profound impact on how the law is applied. |
| * **Official Source:** `https://www.uscis.gov/i-485` | ==== Case Study: INS v. Cardoza-Fonseca (1987) ==== |
| * **Tip:** Be meticulously honest on this form. The inadmissibility questions are a legal minefield. If you have any criminal or immigration history, however minor you think it is, you **must** consult an immigration attorney before filing. | * **Backstory:** A Nicaraguan woman, Luz Marina Cardoza-Fonseca, sought to avoid deportation by applying for both withholding of removal and asylum. The legal standard for withholding was high: she had to prove it was "more likely than not" she would be persecuted. The government argued the same high standard should apply to asylum. |
| * **`*` Form N-400, Application for Naturalization:** | * **Legal Question:** Does the "well-founded fear" standard for asylum in the INA require an applicant to prove that persecution is "more likely than not"? |
| * **Purpose:** This is the application to become a U.S. citizen. It is filed by a lawful permanent resident who meets the residency and other requirements. | * **The Holding:** The [[supreme_court]] said **no**. The Court ruled that the "well-founded fear" standard for asylum is more generous than the "more likely than not" standard for withholding of removal. An applicant only needs to show a reasonable possibility of persecution. |
| * **Official Source:** `https://www.uscis.gov/n-400` | * **Impact Today:** This decision makes it significantly more possible for people fleeing danger to win asylum in the U.S. It affirmed that Congress intended asylum to be a broader, more humanitarian form of relief. |
| * **Tip:** USCIS will re-examine your entire immigration history when you file for naturalization. If they discover you were not actually eligible for your green card in the first place, they can not only deny your citizenship but also place you in `[[removal_proceedings]]`. | ==== Case Study: Zadvydas v. Davis (2001) ==== |
| ===== Part 4: Landmark Amendments & Cases That Shaped Today's Law ===== | * **Backstory:** Kestutis Zadvydas was a stateless man (born to Lithuanian parents in Germany) and a longtime U.S. resident who was ordered deported after a string of criminal convictions. However, no country—not Germany, Lithuania, or his wife's home country of the Dominican Republic—would accept him. The U.S. government claimed the authority under the INA to detain him indefinitely until a country could be found. |
| The INA is not a static document. It has been molded by Congress and the courts. These moments are crucial to understanding its current state. | * **Legal Question:** Does the INA authorize the U.S. government to detain a noncitizen indefinitely beyond the normal 90-day removal period if their home country will not take them back? |
| ==== The Foundation: McCarran-Walter Act of 1952 ==== | * **The Holding:** The Supreme Court ruled that the INA does **not** authorize indefinite detention. The Court read a "reasonableness" limitation into the statute, implying that detention is limited to a period reasonably necessary to secure the person's removal, presumptively six months. |
| * **Backstory:** In the grip of the Cold War and the "Red Scare," there was intense fear of communist infiltration. | * **Impact Today:** This case established critical [[due_process]] protections for noncitizens, preventing the government from locking someone up forever simply because the logistical or diplomatic task of removal is impossible. |
| * **The Law:** The `[[mccarran-walter_act_of_1952]]` organized all immigration law into the INA structure we know today. However, it also doubled down on the discriminatory national origins quota system and added ideological grounds for exclusion and deportation, targeting suspected communists and subversives. | |
| * **Impact Today:** While its most discriminatory provisions have been repealed, the Act established the fundamental architecture of the INA, including the classifications of immigrants, nonimmigrants, and the concepts of inadmissibility and deportation that remain central to the law. | |
| ==== The Great Shift: Hart-Celler Act of 1965 ==== | |
| * **Backstory:** The `[[civil_rights_movement]]` exposed the hypocrisy of fighting for freedom abroad while maintaining racist systems at home. The national origins quota system was seen as a national embarrassment. | |
| * **The Law:** The `[[hart-celler_act_of_1965]]` abolished the national origins quotas. It replaced them with a preference system that prioritized family reunification and, to a lesser extent, skills needed by the U.S. economy. | |
| * **Impact Today:** This is arguably the most important immigration law of the 20th century. It fundamentally reshaped American demographics, leading to a new wave of immigration from Asia, Africa, and Latin America. The principle that **family relationships** are the primary basis for immigration is a direct legacy of this act and defines the system to this day. | |
| ==== The Modern Enforcement Era: IIRIRA of 1996 ==== | |
| * **Backstory:** In the mid-1990s, there was a strong political push for stricter immigration control, fueled by concerns over illegal immigration. | |
| * **The Law:** The `[[iirira]]` was a sweeping and punitive overhaul. It created `[[expedited_removal]]`, allowing for swift deportations at the border with no judge. It drastically expanded the definition of `[[aggravated_felony]]` to include many minor state-level offenses, making deportation a near-certainty for a vast new group of non-citizens. It also created the 3 and 10-year "unlawful presence" bars, preventing many people from re-entering the U.S. for years. | |
| * **Impact Today:** IIRIRA's impact has been profound and severe. It has led to the separation of countless families and stripped away many legal protections previously available to immigrants in court. Many of the harshest and most criticized elements of modern immigration enforcement trace their legal authority directly back to this 1996 law. | |
| ==== Case Study: Padilla v. Kentucky (2010) ==== | ==== Case Study: Padilla v. Kentucky (2010) ==== |
| * **Backstory:** A lawful permanent resident and Vietnam veteran, José Padilla, was charged with a drug offense in Kentucky. His criminal defense attorney told him not to worry about deportation because he had been in the country so long. Padilla pleaded guilty and was then faced with mandatory deportation. | * **Backstory:** Jose Padilla, a lawful permanent resident and U.S. Army veteran, faced drug charges in Kentucky. His criminal defense lawyer told him not to worry about deportation because he had "been in the country so long." Padilla pleaded guilty based on this advice, only to find that the conviction triggered mandatory deportation under the INA. |
| * **The Legal Question:** Does a criminal defense attorney's failure to advise a non-citizen client about the deportation consequences of a guilty plea constitute ineffective assistance of counsel under the Sixth Amendment? | * **Legal Question:** Does the Sixth Amendment's guarantee of effective assistance of counsel require a criminal defense attorney to advise a noncitizen client about the deportation consequences of a guilty plea? |
| * **The Court's Holding:** The Supreme Court said **yes**. It recognized that deportation is a uniquely severe "penalty" that is now inextricably intertwined with the criminal justice system. The Court ruled that defense attorneys have a constitutional obligation to tell their non-citizen clients that a guilty plea carries a risk of deportation. | * **The Holding:** The Supreme Court said **yes**. For the first time, the Court recognized that deportation is a unique and "particularly severe" penalty so intertwined with the criminal justice system that defendants must be advised of it. A lawyer's failure to provide this advice can constitute ineffective assistance of counsel. |
| * **Impact on an Ordinary Person Today:** This is a monumental ruling. If you are a non-citizen charged with any crime, your defense lawyer **must** advise you on the specific immigration consequences of taking a plea deal. It gives you critical information to make an informed choice, potentially avoiding a conviction that would trigger automatic deportation under the INA. | * **Impact Today:** This ruling has had a massive practical impact. It forces criminal defense attorneys to understand the basics of immigration law—specifically the grounds of deportability in the INA—and to properly advise their noncitizen clients, potentially changing the outcome of thousands of criminal cases each year. |
| ===== Part 5: The Future of the INA ===== | ===== Part 5: The Future of the INA ===== |
| The INA is a 20th-century law struggling to address 21st-century realities. Its future is a subject of intense political debate and will be shaped by technology and societal change. | |
| ==== Today's Battlegrounds: Current Controversies and Debates ==== | ==== Today's Battlegrounds: Current Controversies and Debates ==== |
| * **DACA and the "Dreamers":** The `[[daca]]` (Deferred Action for Childhood Arrivals) program, created by executive action, provides temporary protection from deportation and work authorization to individuals brought to the U.S. as children. Its legality has been constantly challenged in court, and Congress has repeatedly failed to pass a permanent legislative solution like the `[[dream_act]]`. This leaves hundreds of thousands of individuals in a state of legal limbo, their futures dependent on court rulings and executive whims. | The INA is a living document, constantly at the center of fierce political debate. |
| * **The "Public Charge" Rule:** The INA has always had a provision to exclude those likely to become a "public charge." However, the interpretation of this rule has become a political football. The Trump administration sought to dramatically expand its definition to include the use of non-cash benefits like Medicaid and food stamps, making it much harder for lower-income immigrants to get green cards. The Biden administration has since reverted to a narrower, historical interpretation. This debate over who is "worthy" and "self-sufficient" enough to immigrate remains a central tension. | * **Deferred Action for Childhood Arrivals (DACA):** The ongoing legal and political battle over the DACA program, which provides deportation protection and work authorization for individuals brought to the U.S. as children, highlights the tension between executive enforcement discretion and the letter of the INA. |
| * **Asylum at the Border:** The INA provides a legal right for individuals to apply for `[[asylum]]` if they have a credible fear of persecution. However, recent administrations have implemented numerous policies (like "metering," the "Remain in Mexico" policy, and a new "asylum ban" rule) designed to severely restrict access to the asylum system at the southern border. This pits the INA's humanitarian provisions against the executive branch's enforcement priorities. | * **The "Public Charge" Rule:** The definition of who is likely to become a "public charge" under INA § 212(a)(4) has been the subject of intense debate and regulatory changes, with different administrations expanding or contracting the definition, directly impacting who is eligible for a green card. |
| * **Comprehensive vs. Piecemeal Reform:** For decades, Congress has debated "comprehensive immigration reform"—a single, massive bill that would address everything from a path to citizenship for the undocumented to visa backlogs and border security. These efforts have repeatedly failed. The current political reality suggests that any future changes to the INA are more likely to be "piecemeal"—smaller, targeted bills that address specific issues, like visas for agricultural workers or STEM graduates. | * **Asylum and Border Policy:** The application of the INA's asylum provisions at the southern border is perhaps the most contentious contemporary issue. Debates rage over policies like "metering" (limiting the number of asylum seekers who can approach a port of entry per day), expedited removal, and the legal standard for proving a "well-founded fear." |
| ==== On the Horizon: How Technology and Society are Changing the Law ==== | ==== On the Horizon: How Technology and Society are Changing the Law ==== |
| * **Technology and Adjudication:** Governments are increasingly using **Artificial Intelligence (AI)** to screen and process visa applications, looking for patterns of fraud or risk. This promises efficiency but raises serious concerns about bias, transparency, and a lack of human oversight in life-altering decisions. Digital surveillance, from facial recognition at airports to social media monitoring of applicants, is also becoming standard practice, challenging traditional notions of `[[privacy]]`. | The future of the INA will be shaped by forces outside of traditional politics. |
| * **The Future of Work:** The INA's employment-based visa categories were designed for a world of 9-to-5 jobs at a physical office. The rise of **remote work** and the **gig economy** creates new challenges. Can an H-1B worker work remotely from a different state than their company's office? How does the law accommodate freelance "digital nomads"? The INA is ill-equipped to handle these modern work arrangements. | * **Technology and Enforcement:** The use of artificial intelligence for visa screening, biometric tracking at borders, and digital surveillance is changing how the INA is enforced. This raises new questions about privacy, accuracy, and fairness. |
| * **Climate Change and Migration:** The INA has categories for refugees fleeing political, religious, or social persecution. It has **no category** for people fleeing natural disasters, desertification, or rising sea levels. As climate change displaces millions of people worldwide, there will be immense pressure on the U.S. and other nations to create a new legal category for "climate refugees," a concept that does not yet exist in U.S. law. This may be one of the biggest challenges to the INA's framework in the coming decades. | * **The Gig Economy and "Work":** The INA's employment-based categories were designed for a world of traditional, full-time jobs. The rise of the gig economy and remote international work challenges the very definitions of "employer" and "employee" in the INA, and future amendments will need to address this new reality. |
| | * **Comprehensive Immigration Reform:** For decades, Congress has failed to pass comprehensive immigration reform that would significantly update the INA. The core framework from 1965 remains, but it is straining under the pressures of 21st-century global migration patterns. The biggest question for the INA's future is whether a political consensus can ever be reached to modernize it for a new era. |
| ===== Glossary of Related Terms ===== | ===== Glossary of Related Terms ===== |
| * `*` **`[[adjustment_of_status]]`:** The process of applying for a green card from within the United States. | * **[[adjustment_of_status]]:** The process of applying for a green card from within the United States. |
| * `*` **`[[aggravated_felony]]`:** A broad category of crimes under the INA that carry the harshest immigration consequences, including near-automatic deportation. | * **[[aggravated_felony]]:** A category of serious crimes that carry severe immigration consequences, often mandatory deportation. |
| * `*` **`[[asylum]]`:** Protection granted to foreign nationals already in the U.S. who have a well-founded fear of persecution in their home country. | * **[[asylum]]:** Protection granted to someone already in the U.S. who fears persecution in their home country. |
| * `*` **`[[board_of_immigration_appeals_(bia)]]`:** The highest administrative body for interpreting and applying immigration laws, which reviews decisions from immigration courts. | * **[[board_of_immigration_appeals]]:** The highest administrative body for interpreting and applying immigration laws. |
| * `*` **`[[conditional_residence]]`:** A two-year green card given to spouses whose marriage was less than two years old at the time of approval. | * **[[deportability]]:** The legal grounds for removing a noncitizen who has already been lawfully admitted to the U.S. |
| * `*` **`[[consular_processing]]`:** The process of applying for a green card from an embassy or consulate outside the United States. | * **[[green_card]]:** The common name for the identification card held by a lawful permanent resident. |
| * `*` **`[[crime_involving_moral_turpitude_(cimt)]]`:** A vague legal term for a crime that is inherently base, vile, or depraved, which can make someone inadmissible or deportable. | * **[[hart-celler_act]]:** The 1965 amendments to the INA that abolished the national origins quota system. |
| * `*` **`[[deportation]]`:** The common term for the legal process of removing a non-citizen from the U.S., officially called `[[removal]]`. | * **[[inadmissibility]]:** The legal grounds for barring a noncitizen from entering the U.S. or getting a green card. |
| * `*` **`[[expedited_removal]]`:** A process allowing immigration officers to rapidly deport certain non-citizens without a hearing before a judge. | * **[[lawful_permanent_resident]]:** An immigrant who is legally authorized to live and work in the U.S. permanently. |
| * `*` **`[[green_card]]`:** The common name for the identification card held by a lawful permanent resident. | * **[[mccarran-walter_act]]:** The original name for the Immigration and Nationality Act of 1952. |
| * `*` **`[[inadmissibility]]`:** The state of being ineligible to receive a visa or be admitted into the United States under INA § 212(a). | * **[[naturalization]]:** The legal process through which a lawful permanent resident can become a U.S. citizen. |
| * `*` **`[[lawful_permanent_resident_(lpr)]]`:** The official legal status of a green card holder, who is authorized to live and work permanently in the U.S. | * **[[nonimmigrant_visa]]:** A visa for a temporary stay in the U.S. for a specific purpose, like tourism or study. |
| * `*` **`[[priority_date]]`:** An immigrant's "place in line" for a visa in a numerically limited category, determined by the date their initial petition was filed. | * **[[refugee]]:** A person outside the U.S. seeking protection from persecution before traveling to the U.S. |
| * `*` **`[[removal_proceedings]]`:** The formal court process before an Immigration Judge to determine if a non-citizen is deportable. | * **[[removal_proceedings]]:** The formal court process before an immigration judge to decide if a noncitizen must be deported. |
| * `*` **`[[visa_bulletin]]`:** A monthly publication from the Department of State that shows which priority dates are current for visa processing. | * **[[uscis]]:** U.S. Citizenship and Immigration Services, the agency that handles immigration benefits. |
| | * **[[visa]]:** A travel document issued by a U.S. embassy or consulate that allows a person to apply for admission to the U.S. |
| ===== See Also ===== | ===== See Also ===== |
| * `*` `[[u.s._constitution]]` | * [[u.s._citizenship]] |
| * `*` `[[asylum_law]]` | * [[green_card]] |
| * `*` `[[deportation_and_removal]]` | * [[visa]] |
| * `*` `[[u.s._citizenship]]` | * [[asylum_and_refugee_law]] |
| * `*` `[[visa]]` | * [[deportation_and_removal]] |
| * `*` `[[due_process]]` | * [[fourteenth_amendment]] |
| * `*` `[[equal_protection_clause]]` | * [[department_of_homeland_security]] |