U.S. Immigration Law

United States immigration law governs who may enter the U.S., how long they may stay, what they are permitted to do while in the country, and when they must leave. Immigration law also controls who may be admitted as permanent residents and become naturalized citizens of the United States.

What is Immigration Law?

While immigration law is based on federal statutes passed by Congress, many important details are shaped by federal regulations, agency policies, and court decisions. Since 2015, immigration enforcement and benefits have been especially affected by changes in presidential administrations and ongoing litigation.

As a result, how immigration laws are applied in practice can change, even when the underlying statute remains the same. These changes may affect areas such as who is prioritized for enforcement, eligibility standards for certain immigration benefits or protections, the availability of work authorization, and the procedures used to remove individuals from the United States.

Because immigration law is highly complex and subject to change, individual outcomes often depend on a person’s specific circumstances and the policies in effect at the time. Anyone facing immigration questions or enforcement action should consider speaking with a qualified immigration attorney who can explain how current law and policy apply to their situation.

The U.S. Congress passes laws and periodically updates the laws that govern virtually all immigration. Some limited areas of our immigration system are governed by international laws, such as the area of political asylum. Immigration is generally a matter of federal law, not state law.

To stay up to date on the evolving changes within Immigration law, visit our Immigration Report.

Who is in Charge of Immigration Benefits and Enforcement?

Immigration benefits and enforcement are administered by the Department of Homeland Security (DHS). DHS was created in 2003, when the U.S. Immigration and Naturalization Service (INS) was dissolved, and DHS is now made up of three agencies:

1. U.S. Citizenship and Immigration Services (USCIS): USCIS administers immigration benefits, processing applications for naturalization, lawful permanent residency (“green card” status), non-immigrant visas, work authorizations, asylum, and granting other immigration benefits.
2. U.S. Immigration and Customs Enforcement (ICE): ICE enforces federal immigration laws within the interior of the United States. Its responsibilities include investigating immigration violations, detaining noncitizens, and carrying out removals, as well as enforcing laws related to worksite compliance, document fraud, and certain cross-border criminal activity. ICE’s enforcement priorities are influenced by federal law and executive policy.
3. U.S. Customs and Border Protection (CBP): CBP handles the inspection and admission of people and cargo into the U.S. and is charged with keeping terrorists and weapons out of the country.

What Are the Different Types of Immigration Status?

Under U.S. immigration law, persons are either U.S. citizens/nationals or noncitizens. Noncitizens may be lawful permanent residents (green card holders), nonimmigrant visa holders, individuals with other forms of lawful status, individuals granted temporary or discretionary protections—such as parole, deferred action, or Temporary Protected Status—or individuals who are undocumented. The type of status you hold dictates your rights and responsibilities.

U.S. Citizens/Nationals

Under U.S. immigration law, individuals may be classified as U.S. citizens or U.S. nationals. U.S. citizens include people who are born in the United States, born abroad to U.S. citizen parents under certain circumstances, or who become citizens through the naturalization process. U.S. nationals include U.S. citizens, as well as a small group of people who owe permanent allegiance to the United States but are not citizens, such as individuals born in certain U.S. territories. U.S. citizens and nationals are not subject to immigration restrictions on entry, stay, or employment in the United States.

U.S. citizens have the broadest set of rights under U.S. law, including the right to live and work permanently in the United States, vote in federal elections, run for many public offices, sponsor certain family members for immigration benefits, and receive full protection from deportation. U.S. nationals who are not citizens may live and work in the United States without immigration authorization, but they do not have all the same rights as citizens, such as the right to vote in federal elections or hold certain government positions.

With these rights come responsibilities. U.S. citizens and nationals are required to follow federal, state, and local laws, pay applicable taxes, and, when required, serve on juries or register for selective service. Citizens who travel or live abroad remain subject to certain U.S. legal obligations. While citizenship and nationality provide strong legal protections, individuals may still face legal consequences for criminal conduct or other violations of law.

Lawful Permanent Resident

Lawful permanent residents (LPRs) are often called “green card holders” and are noncitizens who are authorized to live and work permanently in the United States. Lawful permanent residence may be obtained through family relationships, employment, humanitarian programs, or other pathways established by federal law. While LPRs may live in the United States indefinitely, their status is not the same as U.S. citizenship and can be affected by certain actions or extended absences from the country.

Lawful permanent residents have many important rights, including the right to work in the United States without separate employment authorization, own property, attend school, and travel internationally. LPRs may also sponsor certain family members for immigration benefits and, after meeting eligibility requirements, may apply for U.S. citizenship through naturalization. However, lawful permanent residents do not have the right to vote in federal elections and may be restricted from holding certain public offices or government jobs.

Lawful permanent residents also have legal responsibilities. They must obey all federal, state, and local laws, pay applicable taxes, and maintain their permanent residence by keeping valid documentation and avoiding conduct that could jeopardize their status. Certain criminal convictions, immigration violations, or lengthy time spent outside the United States may place lawful permanent residents at risk of losing their status or facing removal proceedings. Because the consequences can be serious, LPRs should seek legal guidance if they have questions about their rights or responsibilities.

Non-Immigrant Visa Holder

Non-immigrant visa holders are noncitizens who are admitted to the United States temporarily and for a specific purpose, such as employment, study, tourism, business travel, or cultural exchange. Each non-immigrant visa category has its own requirements and limitations, and individuals are generally admitted for a fixed period of time tied to the purpose of their visit. Non-immigrant visas do not provide a permanent right to remain in the United States.

The rights of non-immigrant visa holders depend on the terms of their particular visa. Some visa holders are authorized to work in the United States, often for a specific employer or under specific conditions, while others are not permitted to work at all. Some may attend school, travel internationally, or bring certain family members with them. Non-immigrant visa holders must follow the conditions of their visa, including maintaining valid documentation and engaging only in permitted activities. Failure to comply with visa conditions may result in the loss of status and possible removal proceedings.

Non-immigrant visa holders also have legal responsibilities under U.S. law, including obeying federal, state, and local laws and paying applicable taxes. Because non-immigrant status is time-limited and closely regulated, individuals may need to apply for extensions, changes of status, or departures from the United States before their authorized stay ends. Immigration options and consequences can vary significantly based on individual circumstances, making legal advice an important resource when questions arise.

Foreign Nationals With Other Lawful Statuses

Foreign nationals with other lawful statuses are noncitizens who are permitted to remain in the United States lawfully, but who are not U.S. citizens, lawful permanent residents, or traditional non-immigrant visa holders. This category includes individuals who have been granted temporary or discretionary permission to stay in the United States under federal law or policy. These statuses often arise in humanitarian, family-based, or special circumstances and may be limited in duration or subject to change.

The rights associated with these lawful statuses vary widely. Some individuals may be authorized to work in the United States, obtain identification documents, or receive certain public benefits, while others may have more limited permissions. In many cases, lawful status is tied to ongoing eligibility requirements, such as periodic renewals, continued compliance with program rules, or the resolution of a pending immigration application. Holding a lawful status does not always provide a direct path to permanent residence or citizenship.

Individuals with other lawful statuses also have responsibilities under U.S. law, including complying with federal, state, and local laws and maintaining the conditions of their status. Because these statuses are often temporary, discretionary, or dependent on policy decisions, changes in law or government practice can affect eligibility or benefits. For this reason, individuals in this category should seek legal advice to understand their rights, risks, and possible long-term options.

Undocumented Individuals

Undocumented individuals are noncitizens who are present in the United States without lawful immigration status. This may include people who entered the country without inspection, as well as people who were lawfully admitted but later overstayed or otherwise violated the terms of their admission. Being undocumented does not, by itself, mean that a person has committed a crime, but it does place them outside the protections of lawful immigration status. Many violations of immigration law—such as unlawful presence or overstaying a visa—are civil violations, not criminal offenses.

Undocumented individuals have limited rights under U.S. immigration law, but they are still protected by certain constitutional and legal safeguards. For example, they have the right to due process in immigration proceedings, protection from unlawful searches or seizures, and access to emergency services. In most cases, undocumented individuals are not authorized to work in the United States, although some may later become eligible for lawful status or work authorization through changes in circumstances or relief under the law.

How a U.S. Immigration Lawyer Can Help You

Immigration law is highly complex and subject to change. Anyone facing immigration questions or enforcement action should consider speaking with a qualified immigration attorney who can explain how current law and policy apply to their situation and what steps to take to protect themselves and their families.

Undocumented individuals are subject to immigration enforcement and may face detention or removal proceedings. At the same time, immigration options may exist depending on factors such as family ties, length of residence, humanitarian concerns, or pending applications. Because the consequences of immigration law can be extremely serious, undocumented individuals should seek guidance from a qualified immigration attorney to understand their rights and possible options.

Get Connected With a U.S. Trusted Immigration Attorney

The NYC Legal Referral Service (LRS) has immigration attorneys who can assist with a variety of issues such as advising clients on immigration options and legal requirements, assisting with preparing and filing applications and petitions, representing individuals in immigration court and before U.S. Citizenship and Immigration Services (USCIS), and staying informed about new changes in immigration laws, regulations, and policies.

When you call the Legal Referral Service to speak to one of our referral counselors, all the information you provide to the counselor will be kept confidential to the fullest extent possible under the law. The referral counselor will ask you some questions to better understand your legal issue and to determine which one of our lawyers is best suited to handle your issue. If a referral to an LRS lawyer is not appropriate or necessary, the referral counselor can offer you other options or further information to help you resolve your issue another way.