Immigration Law

U.S. Immigration Agencies and Offices

The United States immigration system is made up of a collection of U.S. government agencies and offices that administer and enforce immigration laws. This work is carried out in collaboration between federal agencies to maintain the security of the nation, maintain a controlled immigration process, and support the country’s economy.

With so many immigration agencies and departments, it can be difficult to know where to begin your immigration procedure. This page is meant to be an overview of the agencies and offices involved in U.S. immigration laws. After reviewing this information, if you have additional immigration questions, talk to an experienced immigration lawyer in your area for legal advice.

Where To Start Your Immigration Process

When a person decides to start an immigration procedure, they must begin at the right agency. This is often confusing because of the number of agencies involved. In some situations, an applicant may have to be in contact with multiple immigration offices in their home country and in the United States. Most immigration laws fall under the Immigration and Nationality Act (INA).

Immigration Help Inside the U.S.

If you are within the borders of the United States, you can contact your local U.S. Citizenship and Immigration Services (USCIS) office, for assistance with:

  • Applications for permanent residence (green card).
  • Adjustment of status.
  • Asylum.
  • U.S. citizenship.

You can also visit the USCIS Contact Center and check the status of your case or find your local asylum offices.

Immigration Needs Outside the U.S.

If you are outside the United States and need assistance with a non-immigrant travel visa application or refugee petition, you should contact your local U.S. Department of State (DOS) embassy or consulate.

Below, it is explained in detail which way to go and where to find the most appropriate office for your immigration-related issues and case management.

Department of Homeland Security (DHS)

The Department of Homeland Security (DHS) is the United States government agency charged with protecting the nation. The DHS also offers and administers immigration and citizenship services.

These are the DHS-affiliated agencies that work with immigration issues:

  • U.S. Citizenship and Immigration Services (USCIS).
  • U.S. Customs and Border Protection (CBP).
  • U.S. Immigration and Customs Enforcement (ICE).

Citizenship and Immigration Services (USCIS)

USCIS is in charge of supervising the legal immigration process to the United States. This federal government office processes immigration and visa applications and authorizations related to noncitizens within the United States.

Family members and employers who are looking to sponsor a noncitizen to bring them into the U.S. generally have to go through USCIS. The U.S. citizen, lawful permanent resident, or business sponsoring the other person is the point of contact and have to initiate the application and provide sponsorship guarantees.

USCIS processes the following services and applications for immigrants and nonimmigrants:

  • Family Immigration Petition: USCIS facilitates and manages the immigration process when a U.S. citizen or permanent resident wants to bring their immediate relatives to live or work in the U.S.
  • Immigration For Employment: USCIS determines the qualifications and processes the applications of people who are looking for temporary employment eligibility in the United States, or who are applying to obtain other immigration benefits such as permanent residence (or green card).
  • Asylum Seekers and Refugees: USCIS also processes and determines approval for these humanitarian programs, which protect individuals who are victims of persecution or violence. USCIS determines who qualifies, evaluates the applications, and issues a decision.
  • Naturalization: USCIS is responsible for administering the process to obtain United States citizenship. USCIS receives applications, processes fingerprints and biometrics, assigns the interview, and conducts naturalization ceremonies.
  • Civics Education: USCIS encourages immigrants to learn about U.S. immigration laws, constitutional rights, citizenship responsibilities, customs, and U.S. history.
  • Electronic Labor Verification: USCIS administers and manages the E-Verify System, which determines if a person is legally qualified to work in the U.S. and receive immigration benefits. This tool is useful for employers and some employers are required to use it.
  • International Adoptions: USCIS is also involved in the process of facilitating adoption of children from other countries.

Customs and Border Protection (CBP)

The United States Customs and Border Protection is the agency that protects the borders and ports of entry of the United States and is also part of the Department of Homeland Security. The main functions of the CBP are:

  • Organize joint work between the customs inspector, the immigration inspector, and the agricultural inspector at all points of entry into the country (border, airports, and seaports).
  • Facilitate the flow of tourism and legal trade through US ports of entry.
  • Prevent terrorist and criminal activities from entering the country.
  • Charge customs fees and duties.

Immigration and Customs Enforcement (ICE)

U.S. Immigration and Customs Enforcement is the largest investigative division of the Department of Homeland Security. Its primary responsibility is to identify and block national security threats at the country’s borders.

ICE’s functions include:

  • Protect and promote the security of the economic flow, transportation, and border infrastructure.
  • Identify, detain, and repatriate undocumented immigrants.
  • Detention and repatriation of criminals.

United States Department of State (DOS)

The Department of State (DOS) handles all matters related to foreign policy and immigration. DOS is responsible for issuing and processing visas for foreign nationals who want to travel to the United States or work in the U.S.

DOS also grants visas to enter the United States. However, once a visitor enters the country, it is the responsibility of the USCIS to accept the visitor’s entry.

The following services for immigrants and non-immigrants depend on DOS:

  • Procedures, interviews, decisions, and granting of visas.
  • The diversity visa program, also known as the “visa lottery.”
  • Issuing the visa bulletin each month, to indicate the number of visas available.

The following offices all work under the DOS and together collaborate with issues related to immigration:

For more information, you can visit the official websites of each of these agencies. Government websites generally end in .gov.

U.S. Department of Justice (DOJ)

The Department of Justice also deals with some immigration matters. The Executive Office for Immigration Review (EOIR) makes determinations in immigration cases. The immigration courts and Board of Immigration Appeals (BOA) are independent of the DHS. The immigration courts are charged with interpreting, administering, and enforcing federal immigration laws, including appellate reviews and administrative hearings.

Some other departments play a more limited role in U.S. immigration. For example, the Office of Refugee Settlement falls under the Department of Health and Human Services. The Department of Labor handles employment discrimination civil rights cases that may involve immigrant workers.

Do I Need Legal Assistance With the Immigration Process?

The U.S. immigration system allows anyone to file their own immigration-related case. However, the legal help of an immigration lawyer is recommended. An attorney with experience navigating the immigration system understands both the law and how various immigration agencies and offices operate in the United States.

For example, applying for a nonimmigrant visa, or verifying your case status at local CIS offices, does not involve the same degree of difficulty as having to respond to an asylum denial. Talk to an attorney about how they can help you access the U.S. immigration system.

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