How the U.S. Immigration System Works?

How the U.S. Immigration System Works? According to American Immigration Council, U.S. immigration law is based on the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity.

The governing U.S. immigration policy is called the Immigration and Nationality Act (INA). The INA allows the United States to grant up to 675,000 permanent immigrant visas each year across various visa categories.

On top of those 675,000 visas, the INA sets no limit on the annual admission of U.S. citizens’ spouses, parents, and children under the age of 21.

In addition, each year the president is required to consult with Congress and set an annual number of refugees to be admitted to the United States through the U.S. Refugee Admissions Program.

So, How the U.S. Immigration System Works?

When you obtain an immigrant visa and comes to the United States, you become a lawful permanent resident (LPR). In some circumstances, noncitizens already inside the United States can obtain LPR status through a process known as “Adjustment of Status.”

LPRs are eligible to apply for nearly all jobs and can remain in the country permanently, even if they are unemployed. After residing in the United States for three or five years, LPRs are eligible to apply for U.S. citizenship. You can’t to apply for citizenship through the normal process without first becoming an LPR.

Every year the United States also admits a variety of noncitizens on a temporary basis. Such “non-immigrant” visas are granted to everyone, and you will remain in the country for years. While certain employment-based visas are subject to annual caps, other non-immigrant visas, such as tourist and student visas, have no numerical limits.

Family-Based Immigration

The family-based immigration system allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system.

An unlimited number of visas are available every year for the immediate relatives of U.S. citizens. Prospective immigrants in this category must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements. Immediate relatives are:

• Spouses of U.S. citizens;
• Unmarried minor children of U.S. citizens (under 21 years old);
• Parents of U.S. citizens (petitioner must be at least 21 years old to petition for a parent).

Employment-Based Immigration

The United States provides various ways for immigrants with valuable skills to come to the country on either a permanent or a temporary basis, including:

• Temporary Visa Classifications: Temporary employment-based visa classifications permit employers to hire and petition for foreign nationals for specific jobs for limited periods;
• Permanent Immigration: The overall numerical limit for permanent employment-based immigrants is 140,000 per year. This number includes the immigrants plus their eligible spouses and minor unmarried children, meaning the actual number of employment-based immigrants is less than 140,000 each year;

Per-Country Ceilings

In addition to the numerical limits placed on the various immigration preference categories, the INA also places a limit on how many immigrants can come to the United States from any one country.

Refugees and Asylees

Refugees are admitted to the United States based upon an inability to return to their home countries because of a “well-founded fear of persecution” due to their race, membership in a particular social group, political opinion, religion, or national origin.

The Diversity Visa Program

The Diversity Visa Program was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States.

Other Forms of Humanitarian Relief

• Temporary Protected Status (TPS);

• Deferred Enforced Departure (DED);

• Deferred Action for Childhood Arrivals (DACA);

Also, humanitarian parole allows certain individuals to enter the United States, even though they may not meet the definition of a refugee and may not be eligible to immigrate through other channels. Parolees may be admitted temporarily for urgent humanitarian reasons or significant public benefit.

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Related Link: AIC