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

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

Immigration laws are complex and can change at any time. For the most up-to-date legal advice on U.S. immigration laws, contact a local immigration lawyer in your area.

U.S. Immigration Laws

Entry for foreign residents into the U.S. includes immigrants and nonimmigrants. Immigrants apply for permanent residency and a path to citizenship. Nonimmigrants are temporary workers or visitors in the U.S. for a limited time or purpose.

The process for legal immigrant status will depend on your individual situation. Immigration requirements depend on your nationality, reason for coming to the country, and other factors. Common reasons to apply for lawful permanent residency include:

• 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 signed into law in 1952, under United States Code (U.S.C.), Title 8.

INA compiled all the immigration rules that existed until then. The INA 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. Amendments help achieve a balanced benefit for the country and its visitors.

Immigration laws can change at any time. Each new administration often makes significant changes to immigration policies through executive orders.

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

The power to make immigration laws rests with the United States Congress (Senate and House of Representatives). Regulating immigration falls under federal law.

The INA has also had changes over time. When Congress modifies the INA through amendments or repealed sections, it doesn’t change everything. Updates usually make revisions and add sections to the law.

The Immigration Act of 1990 had a major impact on immigration reform. The law substantially revised the H-1 visa, creating the H-1B nonimmigrant visa category for ‘specialty occupations’ as it is known today. The H-1B visa allows skilled workers with temporary nonimmigrant status into the country. 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
• Qualifications for permanent residents
• Petition for alien spouses and children
• Visa waiver program
• Visa applications and issuances
• Eligibility and ineligibility 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.

Most immigration forms provide step-by-step instructions for eligibility and to apply. In addition, an immigration attorney can explain your legal options and recommend what strategy to follow with your case.

Enforcement of Immigration Laws

The implementation of immigration laws changed after 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 DHS Secretary, the following offices enforce and administer U.S. 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): CBP and immigration officers protect U.S. borders and ports of entry.
• U.S. Immigration and Customs Enforcement (ICE): Locates and prevents national security threats at the country’s borders.

The Department of State also has a role in U.S. immigration law, primarily through embassies and consulates. Consular officers process visa applications for people going to the U.S. from foreign states.

A person who is not a citizen of the United States can be excluded from the country. This process is deportation or removal. Deportation generally involves people who break immigration laws or commit more serious criminal offenses, such as an aggravated felony.

A Nation of Immigrants

The United States is a nation of immigrants and one of its most important pillars is family reunification. Millions of people have immigrated to the U.S. from all around the world. Immigrants 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 simplification of immigration procedures and more flexible entry. Others worry about illegal immigration and the security of the country.

If you don’t think your rights are respected, the United States also has other immigration laws that may 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. Contact a local immigration lawyer for answers to your immigration-related questions.