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Immigration Enforcement
The Congress primarily enacts immigration laws under the power granted through the Naturalization clause of the US Constitution.(9) Currently, many laws, regulations, and treaties comprise US immigration law. These laws are serviced and enforced by a number of agencies including:
- The US Citizenship and Immigration Services (''USCIS'') (replaced the former Immigration and Naturalization Service): As an agency organized under the Department of Homeland Security,(10) the USCIS oversees and approves petitions for immigration benefits for purposes of citizenship, lawful permanent residency, family and employment-related immigration, inter-country adoptions, asylum and refugee immigration, and authorization for foreign students seeking education in the US.(11)
- Immigration Adoptions: Adoption of a child born abroad does not guarantee that the child can immigrate to the US. The USCIS indicates that there are two ways to legally immigrate an adopted child into the US; and all qualifications must be met before the child enters the US:(12)
- I-130 petition for a child adopted before the child turns 16 (or under 18 if the adopted child is also the biological sibling of a child adopted by the same parents) and the child resides with the adopting parent for two years as the primary caregiver.
- I-600 petition for adoption of an orphan before the child turns 16 (or 18 if an orphan who is also the sibling of a child adopted by the same parents, before the child’s 18th birthday). The adoption may occur when the child comes to the US.
- National Visa Center (‘‘NVC’’): Upon USCIS immigration petition approval, the NVC handles the document processing and fee collection for the US embassies and consulates.
- The US Department of State:(13) Manages US visa and passport policies and procedures.
- Visa Waiver Program:
- Enables pre-screened nationals from certain countries to apply to visit the US for 90 days or less for the purpose of tourism or business using a machine-readable passport provided that the passport is also valid for six months after the visit to the US.
- The Secretary of Homeland Security in consultation with the Secretary of State may amend the countries participating in this program. Currently, the program covers 27 countries that offer reciprocal benefits to US travelers: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and United Kingdom.(14)
Immigration Glossary
Immigration Legislation
Predominant Laws Affecting Us Immigration
Sources
(9)See U.S. CONST. art. I, § 8 (“The Congress shall have power…. To establish a uniform rule of naturalization….”).
(10)See http://www.dhs.gov/xabout/structure/editorial_0644.shtm.
(11)See http://www.uscis.gov.
(12)See http://www.uscis.gov and http://www.travel.state.gov/family/adoption/adoption_485.html">http://www.uscis.gov and http://www.travel.state.gov/family/adoption/adoption_485.html (for updates on adoption information and requirements).
(13)See http://www.travel.state.gov.
(14)See http://www.travel.state.gov for any updates to the list of participating countries. Also contact the National Passport Information Center at 1-877-487-2778 for information regarding the nearest passport agency.
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