How the Immigration System Works

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

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All How the Immigration System Works Content

Publication Date: 
July 8, 2021
Current U.S. immigration law provides several paths for foreign workers to enter the United States for employment purposes on a temporary or permanent basis. This fact sheet provides basic...
Publication Date: 
June 11, 2018
Some confusion exists regarding the economic aspects of family-based immigration. To help unpack those aspects, this report focuses on one of them—namely, the earnings of family-based immigrants.
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November 13, 2017
This fact sheet provides an overview of the diversity visa program, the requirements and security checks currently in place, and demographic information about recipients.
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March 21, 2017
This fact sheet explains detainers, how they are used by federal and local enforcement, and the impact they have on immigrants.
Publication Date: 
December 14, 2015

Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which...

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June 19, 2013
One of the themes that emerged from the Senate Judiciary Committee mark up of the 2013 Senate immigration bill was the necessity of avoiding the mistakes of the past. In the context of legalization...
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April 12, 2011
In its second year under the Obama Administration, the Department of Homeland Security (DHS)—which is responsible for the nation’s three immigration agencies (USCIS, CBP, and ICE)—continues to...
Publication Date: 
January 1, 2010
While some characterize our immigration crisis as solely an issue of the 11 to 12 million unauthorized...
Publication Date: 
November 9, 2009
From the Revolutionary War to the current conflicts in Afghanistan and Iraq, immigrants have made significant contributions to the United States by serving in our military forces. Today, immigrants...
February 2, 2022

Some media outlets have reached a fever pitch over what they have deemed President Biden’s “secret flights of migrants.” They claim that the Biden administration is covertly flying migrants into...

October 26, 2021

The Department of Homeland Security (DHS) published new data last week showing that over the past 12 months, the Border Patrol has carried out nearly 1.7 million apprehensions at the southern...

September 14, 2021

The September 11th terrorist attacks not only led to the tragic deaths of 2,977 people, they fundamentally changed the nature of immigration law and policy in the United States. Since 9/11, the U....

August 31, 2021

The Biden administration predicts that it will fail to issue many of the legal permanent resident visas—also known as green cards—allotted this year for immigrants who have been sponsored by a U.S...

May 18, 2021

President Biden revoked a proclamation issued by former President Trump in 2019 that required nearly all prospective immigrants to demonstrate that they would be covered by private health...

March 15, 2021

The Biden administration must improve transparency in the U.S. immigration system. Such efforts go hand in hand with strengthening democratic institutions. Under the Freedom of Information Act (...

January 21, 2021

During his campaign, President Biden promised that immigration reform would be one of his top priorities upon taking office. After unveiling the summary of a sweeping immigration reform bill on...

December 2, 2020

As the Biden-Harris administration prepares to take office, many anxiously await what immigration policies the Trump administration will finalize in the lead up to Inauguration Day in the form of...

November 17, 2020

Lawful permanent residents seeking to become U.S. citizens will now be required to take a more difficult and longer citizenship test. U.S. Citizenship and Immigration Services (USCIS) announced...

November 12, 2020

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  President-elect Joe Biden’s plan on...

Last modified: 
January 13, 2023
Publication Date: 
January 13, 2023
This program allows Ukrainians displaced by the Russian invasion of Ukraine to apply to come to the United States through “humanitarian parole.” Ukrainians who are granted humanitarian parole may...
November 29, 2022
In response to the Supreme Court of the United States hearing oral arguments in the case, U.S. v. Texas -- a dispute over the Biden Administration’s authority to set immigration policy, the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) have issued the following statement.
The requested records will shed light on CBP's practices with respect to granting and extending humanitarian parole and the agency's determinations regarding which addresses to include on immigration paperwork.
This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens.
June 5, 2024

On June 4, President Biden issued a sweeping order under section 212(f) of the Immigration and Nationality Act claiming that allows him to “suspend the entry” of most migrants who cross the border...

February 16, 2024

On February 9, U.S. Citizenship and Immigration Services (USCIS) released data about its progress toward meeting its strategic goals in fiscal year (FY) 2023. For the first time in years, the...

September 28, 2023

A recent Board of Immigration Appeals (BIA) decision bars certain recently arrived noncitizens from becoming lawful permanent residents. In Matter of Cabrera-Fernandez, the BIA held that the...

September 28, 2023

After weeks of failed negotiations on spending, Congress has less than a week left to avert a potential government shutdown. Members of the House Republicans’ Freedom Caucus have refused to pass...

September 5, 2023

On August 24, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a new update to its policy manual clarifying a previous policy change aimed at expanding green card eligibility...

February 10, 2023

In January, Republicans took control of the House of Representatives. After a lengthy fight over the Speaker of the House resolved, the new majority wasted no time in holding multiple hearings on...

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