Let’s Talk About Immigration

U.S. immigration law classifies people as U.S. citizens and aliens (some aliens are legal and others are illegal aliens). There is no middle category except for a small group known as U.S. Nationals. Some foreigners are permanent residents and others are not: some are visitors, students, etc.

To understand the current state of immigration law, it is necessary to examine the history of how these laws were made and the political considerations that led to them. The first law that comprehensively affected immigration law was the McCarran-Walter Act of 1952 which is still in effect and is known as the Immigration and Nationality Act (INA). Since 1952 this law has been amended several times.

In 1965, Congress reformed INA and created, among other things, the category of immediate family members. This reform is what allows American citizens and legal residents to apply for an immigrant visa for their parents, spouses and children. In 1980, the U.S. Congress created the current two-step system for obtaining legal status based on marriage to a U.S. citizen or legal permanent resident.

The first step is to prove that the marriage is valid and not a legal union just to get or grant immigration benefits. The beneficiary of this type of application receives a two-year temporary resident card. Ninety days prior to the expiration of the card, the beneficiary must apply to remove the status of the residency. There is usually an interview in which the beneficiary must prove that a true marital relationship exists between the spouses.

BILINGUAL IMMIGRATION ATTORNEY YSABEL WILLIAMS
IS LICENSED AS AN ATTORNEY IN PENNSYLVANIA AND NEW JERSEY AND CAN REPRESENT YOU BEFORE ALL U.S. IMMIGRATION OFFICES (USCIS), IMMIGRATION COURTS (ICE), AND THE BUREAU OF IMMIGRATION APPEALS (BIA), NO MATTER WHAT STATE OR COUNTRY YOU RESIDE IN.