How the United States Immigration System Works

How the United States Immigration System Works

The Immigration and Nationality Act (INA) governs the U.S. immigration policy. It is based on four guiding principles: family reunion, refugee protection, valuable talent procurement, and promotion of diversity. The current legal immigration system includes two main visa categories: permanent (formally known as an immigrant) and temporary (non-immigrant) visas.

Thousands of people travel to the U.S. annually on an immigrant or non-immigrant visa. The most common reasons for immigrants seeking temporary or permanent residence in the United States include family ties, employment, or humanitarian protection. Visa categories have varied requirements and caps, offering different privileges and duties.

Imagine the number of people that travel to the United States every year. Individuals and families worldwide always look for a chance to move to America. Some seek a better lifestyle; others are tired of their country’s political and economic situations, and some merely look for a change.

When people travel from any part of the world, it is vital that they keep themselves updated on many different things. For instance, tips and tricks about traveling or the whole immigration process would come in handy. With so many people moving from one place to another and, in some cases uprooting their entire life, any information serves to be a blessing.

An entire host of different people decide to leave their homeland every year. However, you can never know who will fit in which category, which is why any tips for traveling with a baby, tips for traveling women, tips for traveling on a budget, and so on, can be pretty valuable. Having ample information about immigration will also be very beneficial. Traveling to an unknown country takes a while to understand what is happening around you. This is the main reason you should adhere to any advice or tips about immigration bond requirements, immigration bond payment, immigration bond companies near you, and any other material regarding the subject.

Did you know? The United States can issue 675,000 permanent immigrant visas each year under the INA. An additional 675,000 visas are available each year for spouses, parents, and children of U.S. citizens under the age of 21. The president engages with Congress yearly to determine the eligible number of refugees admitted to the United States under the U.S. Refugee Admissions Program.

Continue reading to understand the U.S. immigration system and different legal courses and how they affect entry into the U.S.

Family-Based Immigration

Family reunion has historically played an essential part in the U.S. immigration system, maybe more so than in some other major immigrant-receiving countries. There are two primary groups of family-based immigrants: close relatives and family preferences. Families in the United States are categorized as immediate if they include spouses, parents, and unmarried children under the age of 21.

An unlimited number of visas for immediate relatives of U.S. residents are available each year. Family preference categories include all other qualifying relationships. There is a limited amount of family preference visas available. However, there is a considerable wait for many family preference categories because of the backlog.

There must be at least one petitioner and one beneficiary for family-based immigration to work. For a green card petition to be successful, the petitioner must be a U.S. citizen or lawful permanent resident. Moreover, petitioners must be at least 21 years old to petition for a sibling, spouses, and unmarried children (minor and adult) of LPRs (both married and unmarried). The foreign family member must be the beneficiary to qualify for a green card. In specific cases, beneficiaries’ spouses and children may also be eligible as derived beneficiaries

There are a lot of times when people have to travel great distances to spend their lives with their loved ones, which is why tips for traveling abroad and learning how to spend your lives in a different country can help you adjust.

Employment-Based Immigration

Visa Sub Classification: Temporary Work Visa

Foreign nationals can be hired and petitioned by employers through temporary employment-based visa classes. Workers hired on a temporary basis are typically restricted to working for the company that hired them. When individuals are hired, they usually travel alone, which is why it is very important to know some safety tips for traveling alone. If you are planning to move to a new country, you do not know how to handle certain situations. Sometimes, it is better to be safe than sorry.

For non-immigrant workers, there are more than 20 different categories of visas, including the following:

  • L-1 visas for employees moving within a company.
  • P visas for athletes, entertainers, and skilled performers.
  • R-1 visas for religious workers.
  • Visas for diplomatic employees.
  • O-1 visas for workers with extraordinary abilities.
  • H visas for both highly-skilled and less-skilled workers.

The restrictions, length of stay, and other aspects differ from visa to visa. As a general rule, these workers are required to leave the country if their visas are about to expire or their employment is ended.

Permanent Immigration Based on Employment

Employers may be able to sponsor foreign nationals for long-term employment based on the nature of the position and the foreign national’s qualifications. A foreign national does not need to be employed by the sponsoring company to be sponsored. Because of their non-immigrant status and the type of permanent visa they are applying for, foreign nationals may be eligible to become LPRs. At the same time, they remain in the United States and complete the process of becoming an LPR.

Each year, 140,000 green cards are made available to immigrants in five employment-based categories (officially known as preferences). The categories were established as part of the Immigration Act of 1990, and the numerical caps were established then and have not been modified since, as have the family preferences. Employer sponsorship is required for all employment-based immigrants, except for a few high-skilled immigrants and investors.

The 140,000-person limit includes spouses and children of immigrants who obtain a work-based green card. Thus, fewer than half of the annual quota of employment-based green cards is allocated to those specifically chosen for that purpose. This is so that an individual does become a liability to the government. They will not burden the economy if they can earn and thus support themselves. After obtaining a work-based green card, you must search for the best traveling tips.

Alternative Routes for Refugees

Due to a well-founded fear of persecution due to their race, membership in a particular social group, religion, political views, or national origin, refugees are allowed into the United States. Refugees must seek admission from a country other than their home country, known as a transition country in order to enter the U.S.

It is up to the president and Congress to determine which refugees are of special concern to the United States each year and whether or not they have family members already living in the country before deciding whether or not to accept them. In cooperation with Congress, the president sets the annual limit on the number of refugees allowed into the United States. In addition to the global cap, each area has its own set of restrictions.

Existing residents of the United States can apply for asylum on the same five protected grounds as refugees. They can apply at the time of their application for entry or within a year of their arrival in the U.S. Individuals seeking refuge are not limited to a certain number each year, and there are no particular criteria for determining who is eligible.

Refugees all over the world have to go through so much. Leaving their country in a state of crisis and then trying their best to find another place in the world to call home. They are in need of any information that they can find. If you are not a refugee or an immigrant, you can still help them by giving them some guidelines/tips on how to travel with kids or tips for traveling cheap, and, in some cases, safety tips for traveling alone.

Temporary Protected Status on Humanitarian Grounds

When a natural disaster, unpredicted circumstances, or armed conflict prevents a person from returning to their native country, they are awarded Temporary Protected Status (TPS). While TPS is usually given for six to twelve months, sometimes the period may be extended if the country’s security situation worsens. However, TPS does not guarantee that a person will become a lawful permanent resident (LPR).

DED protects those whose home nations are unstable and so dangerous to return to, thus preventing deportation. DED, unlike TPS, is a matter of executive branch discretion, unlike TPS, which is mandated by law. There is no guarantee that a DED will result in LPR status or any other type of immigration status at all.

Those who were brought to the United States before the age of 16 and who have been here continuously since June 15, 2007, are eligible for the Deferred Action for Childhood Arrivals (DACA) program. This allows them to stay and work legally in the United States for two years if they have no significant criminal record and have completed high school or college or have received an equivalent degree. It has no legal standing and must be reapplied every two years. There is a chance that they are sent back to their country, so tips on cheap transportation while traveling can be handy.

It was successfully resisted in court when, in 2017, the Trump administration attempted to repeal DACA. With a decision handed down in June 2020, it was determined that the administration’s attempt to end the program had violated the Constitution.

Diversity Visa

A special pathway is available for nationals of countries with low rates of immigration to the United States, known as the Diversity Visa Program. Computer-generated lottery draws 55,000 visas annually from nations that have sent less than 50,000 immigrants to the U.S. in the last five years. To be eligible for a diversity visa, applicants from eligible countries must have a high school education or have worked in a vocation requiring at least two years of training or experience for the past five years. The principal applicant’s spouse and minor unmarried children may also enter as derivatives.

U.S. Citizen: The Final Step

For many people, getting citizenship is considered the final stage in the immigration process. A person born in the United States is immediately a citizen, according to the Constitution of the United States. The birth certificates of these naturalized citizens serve as their official citizenship documents. Even if the children of a U.S. citizen are born outside of the country, they are still entitled to become citizens of the U.S.

The naturalization procedure is an additional route to U.S. citizenship. This requires acquiring a green card and then completing the residency requirements. For naturalization, you must have a working grasp of the English language and a fundamental familiarity with the U.S. The last stage in the procedure is taking the citizenship oath. New citizens swear an oath of allegiance to the United States in a brief phrase that is read aloud in public.

After all the processing and meeting all the requirements, it is time to convert your dream into reality and look out for traveling tips and tricks.

Whether you seek a permanent immigration visa or a non-immigrant visa, ITT can help safeguard your rights and future throughout the immigration process. Reach out to learn more about our organization.