Immigration and Nationality Act (INA): How Does It Work?

The Immigration and Nationality Act (INA) groups together all the immigration laws of the United States, which regulate the entry of people from foreign countries into the U.S., for a temporary visit or to reside permanently.

Immigration laws can be complicated and can change at any time. To get specific answers to your questions, talk to an immigration lawyer in your area to understand how to immigrate to the United States.

U.S. Immigration Laws

The procedure to obtain legal immigrant status will depend on the steps that you have to follow according to your situation.

• Family reunification.
• Special job skills.
• Capital investment.
• Special immigrants.
• Refugees and asylum seekers.
• Diversity or “visa lottery.”

In an attempt to organize America’s immigration system, the Immigration and Nationality Act (INA) was created in 1952, under U.S. Code, Title 8, (U.S.C.).

INA compiled all the immigration rules that existed until then and is currently the parent law that governs the legal immigration process to the United States. INA has undergone modifications and revisions on several occasions since its creation, in order to achieve a balanced benefit for the country and its visitors.

What Does the Immigration and Nationality Law (INA) Regulate?

The power to make laws rests with the United States Congress (Senate and House of Representatives). Federal laws apply across the country.

INA is a federal law and has also had changes to the statutes over time. When Congress modifies the INA through amendments or repealed sections, it doesn’t change everything, it usually makes revisions and adds sections to the law.

The Immigration Act of 1990 made a significant number of changes to U.S. immigration law. The law introduced the H-1B nonimmigrant visa to allow skilled workers into the country with temporary nonimmigrant status. The act also raised the numerical limitations with a flexible cap for regular immigration.

The Immigration and Nationality Act controls the following matters:

• Immigrant visas.
• Procedures for change of immigrant status.
• Refugee admission.
• Employment authorization.
• Asylum application.
• Adjustment of status.
• Agricultural workers
• Order of removal proceedings
• Qualification for permanent resident.
• Petition for alien spouses and children.
• Visa waiver program.
• Visa applications and issuances.
• Permits for re-entry.
• Detentions of foreigners.
• Temporary Protected Status (TPS).
• Rules on petition revocation.
• U.S. citizenship.
• Unlawful status.
• Eligibility for naturalization.

This is just a sample of the aspects that INA regulates, which serve as a reference to know where to find the appropriate information. However, you do not need to review every line of the public law in detail to make an immigration petition or process.

The steps are simplified in the forms used for immigration procedures. In addition, an immigration attorney can explain how determinations are made and recommend what strategy to follow with your case.

Enforcement of Immigration Laws

The implementation of immigration laws changed after the passage of the Homeland Security Act of 2002. At that time, the Department of Homeland Security (DHS) was created. This United States government agency is in charge of protecting the country. You can find out more through the agency’s website DHS.gov.

Under the direction of the Secretary of Homeland Security, the following offices are linked to the enforcement and administration of immigration laws:

• United States Citizenship and Immigration Services (USCIS): Performs administrative functions related to immigration. For example, the application for lawful permanent resident status (or “green card”), or petition for immediate relatives, among others.
• U.S. Customs and Border Protection (CBP): Protects U.S. borders and ports of entry.
• United States Immigration and Customs Enforcement Service (ICE): Locates and prevents security threats at the country’s borders.

A person who is not a citizen of the United States can be excluded from the country. This is called deportation, and it happens when you break an immigration law or commit more serious criminal offenses, such as an aggravated felony.

A Nation of Immigrants

The United States has recognized that it is a nation of immigrants and one of its most important pillars is family reunification. Millions of people from around the world have immigrated to the U.S. and have contributed to making the country one of the most influential world powers, particularly in terms of economic growth.

However, there are also political opinions that are very critical of the immigration system of the United States. Some want immigration procedures to be simplified and expanded to make entry more flexible. Others worry about the security of the country, in part because of the terrorist attacks of September 2001.

If you don’t think your rights are not respected or you are a victim of violations of your basic human rights, the United States also has other immigration laws can protect you.

An immigration attorney can help you understand immigration regulations, and is also trained to guide you on how to direct your case. An attorney can even defend you from abuse or discrimination.