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Immigration law is an extremely complex and fluid area of law. There are scores of new and ever-changing laws, federal regulations, court decisions, and agency policies and procedures that can affect the status of prospective immigrants. These include the Immigration and Nationality Act (INA), found at 8 U.S.C.A. §§ 1101-1503 and its corresponding regulations at 8 C.F.R. §§1.1 et seq.; interpretations as set forth in agency operations instructions; and State Department regulations found at 22 C.F.R. §§ 41.1 et seq. , as interpreted in the Foreign Affairs Manual and administrative decisions.
As of March 1, 2003, the Immigration and Naturalization Service (INS) ceased to exist and the Department of Homeland Security (DHS) was established as a new cabinet level agency with "bureaus" within it undertaking immigration-related responsibilities. Former INS functions were divided between USCIS, ICE and CBP. The latter two, Immigration and Customs Enforcement and Customs and Border Protection, are housed in one of five new directorates of DHS: Border and Transportation Services (BTS). U.S. Citizenship and Immigration Services is not within any directorate and reports directly to the Deputy Secretary of DHS. The Executive Office for Immigration Review (EOIR), which includes the immigration courts and the Board of Immigration Appeals, remains within the Department of Justice.
Generally, a foreign national's first concern with immigration law is how to obtain a visa. Visas are issued according to U.S. Immigration Law. Some people are granted immigrant visas through family relationships which can lead to permanent resident status and eventually citizenship. Others obtain visas by virtue of job skills or abilities. Others gain permanent resident status through political asylum. Another possibility is immigration through the U.S. State Department visa lottery, which applies only to persons whose native countries have low levels of immigration to the U.S. Finally, there are non-immigrant temporary visas available for those who want to visit the U.S. temporarily, or who qualify in certain specific employment categories. These generally are issued to visitors, students, seasonal workers, professional workers and fiancés.
Founded in 1946, the American Immigration Lawyers Association (AILA) is a bar association of almost 10,000 attorneys and law professors who practice and teach immigration law. Member attorneys represent thousands of families, U.S. businesses and industries, foreign students, entertainers, and asylum seekers, often on a pro bono basis. AILA is an affiliated organization of the American Bar Association.
The Colorado Chapter of AILA was founded in 1979. The chapter currently has over 160 approved members committed to immigration law and policy.
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Immigration Law