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A review of Immigration Law
Federal immigration law determines whether a person
is legal resident or a legal visitor or an illegal alien. The Federal
immigration law is there to define the rights, duties, and obligations
associated with being an alien in the United States, and how aliens gain
residence or citizenship within the United States.
It also provides the methods by which certain aliens can become legally
naturalized citizens with full rights of citizenship. Immigration law serves as
a gatekeeper for the nation's border, determining who may enter, how long they
may stay, and when they must leavCongress has complete authority over immigration as where the President ‘s power
does not extend beyond refugee policy. Except for questions regarding aliens'
constitutional rights, the courts have generally found the immigration issue as nonjusticiable.
States have limited legislative authority regarding immigration, and 28 U.S.C. §
1251 details the full extent of state jurisdiction. Generally, 28 U.S.C. § 994
details the federal sentencing guidelines for illegal entry into the country.
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federal government can achieve the goals of its immigration policies.
There are two types of visas: immigrant visas and nonimmigrant visas.
The government primarily issues nonimmigrant visas to tourists and
temporary business visitors. The government divides nonimmigrant visas
into eighteen different types, but for most types, does not impose a cap
on the number that may be granted in a year. Only a few categories of
non-immigrant visas allow their holders to work in the United States.
Immigrant visas, on the other hand, permit their holders to stay in the
United States permanently and eventually to apply for citizenship.
Aliens with immigrant visas can also work in the United States. Congress
limits the quantity of immigrant visas, which numbered 675,000 in 1995.
Many immigrant visas remain subject to per-country caps. |
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