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Federal Immigration Law

The federal immigration law determines whether a person is an alien as well as the rights, duties, and the obligations associated with being an alien in the United States and how they gained residence and citizenship in the United States. This also gives the means for which an alien can become a legally naturalised citizen with full rights of citizenship. The immigration law serves as a gatekeeper for the nation’s border, determining who is to enter, how long they may stay, and when they must leave.

Complete authority over immigration is found to lay with the U.S. Congress. With this, the presidential power does not extend beyond the refugee policy. Apart from the questions regarding aliens’ constitutional rights, the courts have generally found the immigration issue to be complex.

The states have limited legislative authority regarding immigration and are not involved in details that fall outside the lines of state jurisdiction. Generally, these details are handled by federal sentencing guidelines for illegal entry into the country.

The goals of the immigration policies have been achieved by the federal government through controlling the visa processing program. Visas are of two types: immigrant visa and the non-immigrant visa. For tourists and temporary business visitors, they are given the non-immigrant visa, which is divided by the government into eighteen different types of which most types do not impose a cap on the number that may be granted on an annual basis. Of the categories for the non-immigrant visa, only a few of them allow their holders to work in the United States. For the immigrant visa, the holders are permitted to stay in the United States permanently and also apply for citizenship.



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