This page includes information about key topics under Immigration Law, including:
Introduction to Immigration Laws
Permanent Resident Status/Green Card Status
Working or Attending School in the U.S.
U.S. Citizenship Through Naturalization
Deferred Action for Childhood Arrivals (DACA)
Victims of Trafficking and Violence, and the
Violence Against Women Act.
A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee status, asylee status, or other humanitarian programs. In some cases, you may be eligible to file for yourself.
How to Get a Green Card by This self help book is available in print at San Diego Law Library and online through the Nolo Legal Information Reference Center.
The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers, and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions, and authorized periods of stay.
If you wish to pursue full-time academic or vocational studies in the United States, you may be eligible for one of two nonimmigrant student categories. The “F” category is for academic students and the “M” is for vocational students. If you wish to participate in an exchange program you may be eligible for the “J” category for exchange visitors. The J visa program is for educational and cultural exchange programs.
The Immigration and Nationality Act (INA) was passed in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many of the most important provisions of immigration law.
The INA is codified in Title 8 of the United States Code. Citations to federal immigration statutes may take the form of direct citations to the U.S. Code (e.g. 8 U.S.C. Section 1158) or as citations to the INA (e.g. INA Section 208).
Other provisions of the United States Code relevant to immigration law may be found in Title 18 Crimes and Criminal Procedure; Chapter 69 Nationality & Citizenship; Chapter 75 Passports & Visas, Title 6 Domestic Security, and Title 22 Foreign Relations.
Federal regulations (rules passed by federal agencies) pertaining to immigration can be found in various titles of the Code of Federal Regulations, including Title 8, entitled Aliens and Nationality.
Information on recent Executive Orders related to immigration can be found on this page from the Center for Migration Studies.
Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
For more information, see USCIS Policy Manual Citizenship and Naturalization Guidance.
Naturalization Test
During the naturalization process you will take an English and civics test, unless you qualify for an exemption or waiver. The English test has three components: reading, writing, and speaking. The civics test covers important U.S. history and government topics. There are study materials available online and self tests to help you prepare. Find local classes to help you prepare for the exam.
Certain people who came to the United States as children, and meet several guidelines, may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
Information about DACA from the USCIS:
In April 2022, the USCIS announced that DACA filings will now be accepted online. See this page for more information.
For more information on DACA, checkout the resource guide from Cleveland-Marshall College of Law.
When seeking immigration related information, make sure you are on a government website or working with a reputable attorney. Unfortunately, there has been an increase in immigration scams across the country. If you are working with someone, protect yourself by asking questions and checking credentials. Also, make sure to only deal with official government agencies and websites like those recommended in this guide.
In October 2000, Congress created the “T” and "U" nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). The legislation strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offers protection to victims.
The law created two categories of non-immigrant visas, U visa for victims of certain crimes and T visas for victims of trafficking. These visas provide temporary status to individuals in the United States who are victims of a severe form of trafficking or who have suffered substantial physical or mental abuse as victims of criminal activity.
Here, you can find general information on T Visas and U Visas.
The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status in the United States without relying on an abusive U.S. citizen or legal permanent resident spouse, parents, or children to sponsor their applications. The purpose of the VAWA program is to allow victims the opportunity to “self-petition” or independently seek legal immigration status in the U.S..
More information can be found on the U.S. Citizenship & Immigration Services website.
Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental health care, legal advice, and other types of assistance including information about filing for immigration status. For more information, visit the National Domestic Violence Hotline website.