Understanding U.S. Immigration Law: Key Concepts and Regulations

The primary statute is the Immigration and Nationality Act (INA), implemented through 8 C.F.R. and interpreted by federal courts, the Board of Immigration Appeals (BIA), and agency policy.

Agencies & Roles

• USCIS (DHS): adjudicates benefits (work permits, green cards, naturalization).
• CBP (DHS): inspects arrivals and decides admission at ports of entry.
• ICE (DHS): interior enforcement and removal.
• DOS: issues visas through consulates.
• EOIR (DOJ): immigration courts and appeals (BIA).

Visa vs. Status
A visa lets you travel to a U.S. port and request entry; status is what CBP (or USCIS) grants you to stay. You can hold a valid visa but fall out of status, or have status without a valid visa (e.g., after change/extension inside the U.S.).

Immigrant vs. Nonimmigrant

• Immigrant (permanent residence/green card): family-based, employment-based, humanitarian categories.
• Nonimmigrant (temporary): students (F/M), exchange (J), workers (H-1B, L-1, O-1, E, TN), visitors (B, VWP), etc.

Admissibility & Inadmissibility
Entry and many benefits depend on being admissible. Common bars: unlawful presence (3/10-year bars), misrepresentation, certain crimes, health/security issues, and prior removal.

Key Processes

• Adjustment of Status (I-485) vs. Consular Processing: choose based on location, travel needs, and the Visa Bulletin.
• Work Authorization: some categories are authorized incident to status; others require an EAD (I-765).
• Naturalization (N-400): requires continuous residence, physical presence, good moral character, and English/civics (with limited exceptions).

Enforcement & Relief
In removal proceedings, relief may include asylum/withholding/CAT, cancellation, adjustment with waivers, or prosecutorial discretion. Decisions must consider all material evidence; appeals go to the BIA and federal courts.

Practical Tips
Document everything, meet deadlines, keep addresses updated (AR-11/EOIR-33), and never travel or work without confirming your status. A tailored strategy—grounded in statute, evidence, and timing—turns eligibility into approval.