Immigration Law11 min read
What Is a Green Card?
A Green Card authorizes a foreign national to live and work permanently in the U.S., serving as a primary pathway to U.S. citizenship.
By David ChenRead Guide
U.S. Law Knowledge Hub
Immigration Law
Understand permanent residency, visa classifications, naturalization requirements, employment authorization, and federal immigration processes.
4 Published In-Depth Legal Guides
State Jurisdictional Variations:
Immigration law is exclusively federal, under Title 8 of the U.S. Code. Federal agencies (USCIS, DOS, CBP, EOIR) have nationwide jurisdiction, though state laws impact localized rights like driver licenses and in-state tuition.
Practice Area Overview
Understanding Immigration Law in the United States
Immigration law governs the legal status, admission, stay, work authorization, naturalization, and removal of foreign nationals in the United States. Under the U.S. Constitution, immigration is exclusively a federal sovereign power administered by the Department of Homeland Security (DHS), Department of Justice (DOJ), and Department of State (DOS).
Statutory & Regulatory Framework
Primary Governing Authorities in Immigration Law
8 U.S.C. §§ 1101 et seq.
Immigration and Nationality Act (INA)
The foundational statutory framework governing all immigration and naturalization law.
8 C.F.R.
U.S. Citizenship and Immigration Services (USCIS)
Agency of DHS administering naturalization, green card petitions, asylum, and work authorizations.
DOJ Court System
Executive Office for Immigration Review (EOIR)
Immigration courts and Board of Immigration Appeals (BIA) conducting removal proceedings.
Key Legal Scenarios & Decision Thresholds
Scenario 1
Read Related GuideWhat is the difference between an immigrant and non-immigrant visa?
Non-immigrant visas are for temporary stays (tourism, study, temporary work), while immigrant visas grant lawful permanent residence (green cards).
Scenario 2
Read Related GuideWhat are the core eligibility requirements for naturalization?
Applicants must be at least 18, hold a green card for 5 years (3 if married to a U.S. citizen), demonstrate physical presence, and exhibit good moral character.
Scenario 3
Read Related GuideWhat is the asylum application process in the U.S.?
Applicants must apply within one year of arrival and prove persecution based on race, religion, nationality, political opinion, or particular social group.
In-Depth Legal Guides in Immigration Law
Immigration Law11 min read
What Is the Difference Between a Visa and a Green Card?
A visa permits entry for a temporary specific purpose, whereas a Green Card confers permanent authorization to live and work indefinitely.
By David ChenRead Guide
Immigration Law11 min read
What Is U.S. Citizenship Through Naturalization?
Naturalization is the formal legal process by which a lawful permanent resident is granted U.S. citizenship after fulfilling statutory requirements.
By David ChenRead Guide
Immigration Law11 min read
What Is an Employment-Based Visa?
Employment-based visas allow foreign professionals, executives, and skilled workers to work in the U.S. temporarily or permanently.
By David ChenRead Guide
Frequently Asked Legal Questions
Frequently Asked Questions in Immigration Law
What is an adjustment of status?
Adjustment of status is the process used by eligible individuals physically in the U.S. to apply for lawful permanent resident status without departing the country.
Can an employer sponsor a foreign worker for a green card?
Yes, typically through the PERM labor certification process with the Department of Labor, proving no qualified U.S. workers were available for the position.
What does unlawful presence mean under immigration law?
Unlawful presence accrues when an individual is in the U.S. without inspection or remains after their authorized stay expires, triggering 3-year or 10-year reentry bars.
Verified Authoritative Portals