Immigration Cases
Federal immigration law determines whether a person is an
alien, and associated legal rights, duties, and obligations of
aliens in the United states. It also provides means by which
certain aliens can become naturalized citizens with full rights
of citizenship. Immigration law serves as a gatekeeper for
the nation's border: it determines who may enter, how
long they may stay and when they must leave.
The
United States has a long history of immigration laws. The
Immigration and Nationality Act of 1952, (INA) with some major,
and many minor changes, continues to be the basic immigration
law of the country. The most significant ammendment to the INA
was in 1965 which abolished the natural origin provisions, and
established a new quota system.
For
INA purposes, an "alien" is any person who is not a citizen or a
national of the United States. There are different categories of
aliens: resident and nonresident, immigrant and nonimmigrant,
documented and undocumented ("illegal" ).
States have limited legislative authority regarding immigration,
and 28 U.S.C. § 1251 details the full extent of state
jurisdiction. Generally, 28 U.S.C. § 994 nt details the federal
sentencing guidelines for illegal entry into the country.
Congress has total and complete authority over immigration.
Power of the President is limited to policies on refugees.
Unless the issue concerns the rights of aliens to constitutional
protections the courts have rarely intruded.
If you or a loved one is in need of legal
advice concerning immigration issues, contact the Houston Legal
Team for immediate assistance by calling 713-555-5555 or
submit your case online