John W. Redmann | March 12, 2025 | Immigration
Immigration law in the United States can be confusing, and with a new administration, immigration laws can change. This article answers some general questions about immigration and aims to provide information for individuals seeking answers to common immigration questions.
What Is Immigration?
Immigration is the movement of people into a new country with the intent to live there permanently. People immigrate for many reasons. The reason someone wants to move to the United States is important, for it dictates the process they must use to obtain legal status.
What Is Illegal Immigration?
Illegal immigration occurs when someone unlawfully enters the United States and remains in the country. Examples of illegal immigration include, but are not limited to:
- Entering the United States without the correct documentation
- Reentering the United States after being deported
- Remaining in the U.S. after a visa expires
- Forging immigration documents
- Crossing into the United States without going through legal points of entry
- Committing fraud to secure documentation to enter or remain in the United States
U.S. immigration law establishes how someone can legally enter the country. Anyone who does not follow the legal immigration process could face the prospect of deportation.
What Is Expedited Removal?
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) established a process for expediting a non-citizen’s removal. Immigration officers can order the removal without going before an immigration judge, and the order cannot be appealed.
An individual is subject to expedited removal if:
- They are a non-citizen;
- They have resided for less than two continuous years in the United States;
- They have not been legally admitted to the U.S.; AND,
- They have made fraudulent representations related to their entry into the country or lacked the required entry documents when they submitted their application for admission.
Under the Trump administration, expedited removal has been expanded from January 2025 onward. The new policy allows for the expedited removal of individuals who have been in the U.S. for less than 14 days and are within 100 miles of the U.S. border, as well as non-citizens who have been in the U.S. for less than two years, regardless of their location.
What Are the Ways to Legally Immigrate to the United States?
There are several ways someone can immigrate to the United States and change their immigration status. Legal immigration processes include, but are not limited to:
Employment-Based Immigration
This process allows workers to enter the country to work temporarily. Applicants have a variety of skills and work in numerous fields and industries. An employer may sponsor an immigrant to become a permanent resident if the person meets the criteria for permanent residency.
Family-Based Immigration
U.S. citizens and permanent residents can sponsor specific family members to become permanent residents. Obtaining a green card because you are a fiancé or spouse of a citizen or permanent resident would be included under this category.
Humanitarian Immigration
Individuals may seek residency in the United States for humanitarian reasons, asylum in the U.S. if they are fleeing persecution, or temporary protected status if their country is deemed to be unsafe because of an ongoing armed conflict, natural disaster, or other circumstance.
Student Visas
A student may apply to live in the United States to attend school. In some cases, they may extend their stay after completing their education to obtain practical training for their chosen career.
Naturalization
Permanent residents may apply to become United States citizens by meeting strict eligibility requirements. The naturalization process could take years to complete.
What Happens When Law Enforcement Encounters a Person Who Is in the United States Illegally?
If a person is facing deportation, the government will usually issue a Notice to Appear (NTA), setting a date for a hearing before an immigration judge. The judge will decide if the individual should be removed from the U.S., but the person may be either detained or released on bond until the hearing.
Changes in Executive Orders under the current Administration may affect how deportations are handled, including which individuals are prioritized for removal or how detention is managed.
Anyone without legal documentation should seek advice from an immigration lawyer if arrested or detained to understand their options and rights.
What Is a Green Card?
A green card is a common term used for a Lawful Permanent Resident Card (Form I-551), which grants legal permanent residency to a person in the United States. A green card gives the person more freedom than a visa, but it does not give them the same rights as U.S. citizens.
A person must meet specific requirements to be eligible for a green card; these requirements are based on their immigrant category. Categories for green cards include, but are not limited to:
- Family
- Work
- Special immigrant status
- Abuse victim programs
- Asylee or refugee status
- Registry
- Crime victim programs and human trafficking
Green cards expire after ten years. If the person does not renew their green card, they could face serious consequences, including deportation.
Where Can I Get Information About Changes to Immigration Laws in the United States?
If you have questions about your immigration status or rights, contact a Louisiana immigration lawyer for help. You can also find links to President Trump’s Executive Orders related to immigration in the Federal Register. Many of these actions have been challenged in court. An immigration attorney can explain the current status of any changes that could impact you.
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