by Barbara Mitchell

Created on: January 21, 2009   Last Updated: January 31, 2009

The Immigration and Nationality Act (INA), developed in 1952, is the body of law that regulates the field of Immigration in the United States. The INA is also contained in the United States Code, which is the body of all federal laws for this country.

The reasons people desire to immigrate to this nation are varied, but fall into two main categories: those whose stay in the U. S. will be temporary and those who want to make this their permanent home. Those who plan on staying temporarily will need to obtain a non-immigrant visa. There are over 20 categories pertaining to non-immigrant status, each based on your reason for wanting a temporary stay in the United States, such as for business, certain types of temporary work, tourism, and an even medical treatment. This visa will allow you to travel to a U. S. port-of-entry and request entrance from an agent of the Department of Homeland Security. Some countries are part of the Visa Waiver Program; thus you may be able to enter the United States without obtaining a non-immigrant visa. Find out if your country is part of the Visa Waiver Program by visiting the U. S. Department of State's travel website at www.travel.state.gov. This site offers important information on traveling to the United States.

Those individuals seeking to live and work permanently in this country will need to apply for an immigrant visa. There are four main categories of immigrant visas: 1) Immediate relatives, 2) family-sponsored, 3) employer-sponsored, and 4) special immigrants.

There are a number of steps involved in obtaining an immigrant visa, beginning with filing a petition with the United States Citizenship and Immigration Services (www.uscis.gov). They will let you know when your petition is approved and forward it to the National Visa Center for further processing. You will then begin the wait for a visa number to be issued based on the priority date of your petition (the date your petition was filed) and the category you are applying under. The categories for obtaining legal immigration status are based on preferences. An example is a request to immigrate based on employment. This category has 5 preferences based on such things as skill level, degrees held, and area of expertise. Some preferences have shorter waiting times than others do and some can take years.

Due to the legal complexities involved with immigrating to this country, it is highly recommended that you hire an attorney who specializes in immigration law to represent you. Mistakes you might make in the application process can cost you valuable time and money. It is better to get help from a professional who is trained in the specific type of immigration your case represents. The American Immigration Lawyers Association has a website where you can search for an attorney according to their area of specialization, language spoken, and location (www.ailalawyer.com). The AILA is the only legal association in the United States for immigration attorneys.

The entire Immigration and Nationality Act can be viewed at the United States Citizenship and Immigration Services website (www.uscis.gov). You will also find other valuable information at their site, such as help in finding legal advice.

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