American Immigration Law is a complex area of law that requires special training and expertise. It also changes often, making it difficult for many people to keep up with the latest developments in the field.
The basic legislation governing immigration policy in the United States is the Immigration and Nationality Act (INA) of 1952. This law eliminated national origins quotas and established preferences for skilled workers and their families.
National Origins Formula
American Immigration Law is based on the National Origins Formula, which restricts immigrants based on their national origins. This quota system is heavily weighted toward immigration from northern Europe and severely limits the entry of people from southern and eastern Europe.
Since 1924, the Immigration Act has imposed annual quotas for each country that permits admission of immigrants into the United States. The total number of quota immigrants is 156,700 annually.
The quota formula is based on the national origins of the White population in 1920. It is a system that is discriminatory and an anachronism in an age of interdependence.
A new immigration system must be able to address the fairness and foreign policy concerns of all countries. In addition, any change must be made gradually if it will not cause hardship to people who have relied upon the present system for years.
The United States has a preference system that determines who can petition for immigrant visas. The preference system is a way for the government to distribute the limited number of Green Cards that are available each year.
The Immigration Act of 1990 established a numerical limit on the number of employment-based immigrant visas that can be issued each year. This is a cap that prevents any one country from dominating American immigration patterns.
In addition to the numerical limits placed on these preference categories, the INA also sets a per-country limit on the number of permanent immigrants from a particular country that can receive Green Cards in a single year. This quota is not intended to make certain countries receive more than seven percent of total annual immigration to the United States, but rather to prevent any group of permanent immigrants from overtaking any other in terms of numbers immigrating to the U.S.
As a result, the wait times for Green Card applicants depend greatly on the specific preference category they are applying for and their country of origin. The wait time can be significantly longer for those applicants from countries with high demand.
National Quota System
The National Quota System limits the number of immigrants from any one country that can receive a green card in a year. This quota limit is not designed to make sure that certain countries receive a certain amount of immigration, but rather to prevent any immigrant group from dominating the flow of immigration into the United States.
This quota system was created in 1924, after Congress overwhelmingly passed the Immigration Act of 1924 (also known as the Johnson-Reed Act). The law set a permanent quota on immigration into the U.S.
The quota system was intended to keep immigrants from southern and eastern Europe out of the United States. It also helped maintain the country’s “national origins.” These quotas were based on the number of foreign-born individuals in each country at the time of the 1890 national census.
Fraud or Falsification
When a foreign national or an alien applies for a visa, a green card, or other documentation, it’s important that the facts about their circumstances are accurately represented. If they falsify information on these documents, they may be guilty of immigration fraud.
The most common types of fraud involve passports and employment fraud. A person who uses false passport information in order to gain a visa can face federal charges and penalties.
Similarly, an employer who falsifies a foreign employee’s immigration documents can be guilty of employment fraud. This can also be considered a crime of moral turpitude and make someone inadmissible to the U.S.
Regardless of the type of fraud, it’s crucial to have legal representation when facing immigration criminal charges. Bukh Law Firm can help you determine what defenses you have and how to fight these charges. Call us today to schedule a consultation! Our team of experienced lawyers will fight for you and your rights.