Immigration and Naturalization Fundamentals

These following principles are incarnated in federal law on legal permanent residence, the Immigration and Naturalization Act (INA) in the year 1952.
– The reunification of families
– The admission of immigrants with needed skills
– The protection of refugees
– The diversity of admissions by the country of origin
Noncitizens are described as “any person not a citizen or national of the United States” another word is ‘Alien’. In this category even the people who violated the rule of the Immigration and Naturalization Act (INA), who are here legally.
There are two basic types legal of aliens are immigrants and non-immigrants. Immigrants are aliens who look for obtaining Green Card and later which will lead to obtain US Citizenship. Non-immigrants – such as tourists, foreign students, diplomats, skilled and unskilled workers, exchange visitors are admitted for specific purpose and short or temporary period time.
Preference Category
Entering US either in immigrant or non-immigrant visa is subjected to numerical limits and preference category, on basis of family relationship, geographic diversity and skilled workers. Allocated number for family based immigration is 226,000, for employment based is 140,000 and for diversity (Lottery Program) is 55,000 and few numbers for refugees and aslyees which come around 650,000 worldwide cap (which changes yearly).
Most of immigrants enter US because of the relationship with the US Citizen or even Lawful Permanent Residence. 64% legal immigrants entered US on the basis of family ties (FY 2001) below list provide the break-up for each of Immigrant category.
1. Immediate relatives of citizens – 443,964
2. Family preference – 232,143
3. Employment preference – 179,195
4. Refugee and asylee adjustments – 108,506
5. Diversity – 42,506
6. Other – 58,495
Refugees and Asylees
Obtaining a Refugees status or admission is a persecution of situations of “special humanitarian concern” to the United States. The allocation of the number for Refugee preference, among refugee groups are decided at the start of the each fiscal year by the President after consulting with the Congress. Asylum status is granted on a case by case basis to alien physical presence in US.
Removal from US
CBP (Customs and Border Protection) are the consular officer upon entry to the US of an Alien they decide whether you are eligible, if ineligible under so called “grounds of inadmissibility” of INA. Categories are:
– health-related grounds;
– criminal history;
– national security and terrorist concerns;
– public charge (e.g., indigence);
– seeking to work without proper labor certification;
– illegal entrants and immigration law violations;
– lacking proper documents;
– ineligible for citizenship; and,
– aliens previously removed.

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2 Responses to Immigration and Naturalization Fundamentals

  1. Clint says:

    Hi Paul,
    You have provided some very useful formation over your many posts. Thank you.
    I am from New Zealand (NZ) and married my American wife 3 years ago in the USA. We have until recently been licking and working in NZ. My wife wanted to come back to the USA and recently has completed the move. I am working outside of the USA and regularly travelling up to be with her. I am trying to understand the best location to apply for the K3 Visa given that we got married in the USA but I’m a NZ resident/citizen. Can you offer any advise?

    • Paul says:

      To apply for K3 visa, US Spouse must have filed for immigrant visa petition. It should be noted that under U.S. immigration law, if the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality.

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