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1. The Immigration and Nationality Act (INA): Enacted in 1952 and amended numerous times since, the INA is the primary body of law that governs immigration and citizenship in the United States. It covers topics such as the conditions for entering and remaining in the U.S., the procedures for obtaining visas and citizenship, and the grounds for deportation.
2. The Immigration Reform and Control Act of 1986 (IRCA): This act focused on the control of illegal immigration by implementing employer sanctions and internal enforcement mechanisms. It also provided for the legalization of certain groups of undocumented immigrants.
3. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA): This law strengthened U.S. immigration laws by increasing penalties for immigration-related offenses and enhancing enforcement mechanisms.
4. The Homeland Security Act of 2002: After the events of September 11, 2001, this act led to the creation of the Department of Homeland Security (DHS), under which USCIS operates. It reorganized several federal agencies to better safeguard the United States.
USCIS Regulations:
• Code of Federal Regulations (CFR), Title 8: This is where you’ll find detailed rules and procedures that USCIS follows for the administration of immigration services and benefits, such as the processing of applications for visas, naturalization, and asylum.
USCIS Policy Manuals and Guidance:
• USCIS Policy Manual: An online, searchable, and updated resource that provides comprehensive and definitive policies on a wide range of subjects like citizenship, adjustment of status, admissibility, protection and parole, etc.
• USCIS Adjudicator’s Field Manual: Previously a guiding document for officers, much of its content has been incorporated into the USCIS Policy Manual.
Key Areas Covered by USCIS Regulations and Policies:
1. Adjudication Procedures: Guidelines on how USCIS officers should handle and process applications and petitions.
2. Visa Classifications and Eligibility: Detailed criteria for different visa categories, including family-based, employment-based, humanitarian, and special immigrant visas.
3. Adjustment of Status: Rules governing how and when individuals can adjust their status in the U.S. from nonimmigrant to immigrant (permanent resident).
4. Naturalization and Citizenship: Criteria and procedures for obtaining U.S. citizenship through naturalization, including requirements for physical presence, good moral character, and knowledge of English and U.S. civics.
5. Humanitarian Protections: Regulations for asylum, refugee status, Temporary Protected Status (TPS), and Deferred Action for Childhood Arrivals (DACA).
6. Enforcement and Removal: Procedures and guidelines for the detention, removal, and deportation of non-citizens.
Important Notes:
• Federal Register Notices: These are updates and proposed changes to immigration regulations and policies that are published for public comment.
• Executive Orders and Directives: Presidential directives can significantly influence immigration laws and enforcement priorities.
• Code of Federal Regulations (CFR), Title 8: This is where you’ll find detailed rules and procedures that USCIS follows for the administration of immigration services and benefits, such as the processing of applications for visas, naturalization, and asylum.
USCIS Policy Manuals and Guidance:
• USCIS Policy Manual: An online, searchable, and updated resource that provides comprehensive and definitive policies on a wide range of subjects like citizenship, adjustment of status, admissibility, protection and parole, etc.
• USCIS Adjudicator’s Field Manual: Previously a guiding document for officers, much of its content has been incorporated into the USCIS Policy Manual.
Key Areas Covered by USCIS Regulations and Policies:
1. Adjudication Procedures: Guidelines on how USCIS officers should handle and process applications and petitions.
2. Visa Classifications and Eligibility: Detailed criteria for different visa categories, including family-based, employment-based, humanitarian, and special immigrant visas.
3. Adjustment of Status: Rules governing how and when individuals can adjust their status in the U.S. from nonimmigrant to immigrant (permanent resident).
4. Naturalization and Citizenship: Criteria and procedures for obtaining U.S. citizenship through naturalization, including requirements for physical presence, good moral character, and knowledge of English and U.S. civics.
5. Humanitarian Protections: Regulations for asylum, refugee status, Temporary Protected Status (TPS), and Deferred Action for Childhood Arrivals (DACA).
6. Enforcement and Removal: Procedures and guidelines for the detention, removal, and deportation of non-citizens.
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Immigration Experts are certified immigration consultants and not attorneys. We do not provide legal advice or represent clients in court. Our services include assisting with filling out paperwork and procedural guidance on immigration matters only. Clients are encouraged to consult with a licensed attorney for legal advice and representation in complex immigration matters or legal proceedings. Reliance on the consultation services provided by Immigration Experts is solely at your own risk.
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