One if the interesting things about this area of the law is that it encompasses many different regulations, statues, and rulings from both state courts and federal courts, which eventually have the final say on these issues. Not only are these official rulings part of the knowledge necessary to practice immigration laws, but other rulings and local guidelines can have a bearing on your case.
Some of the areas that you should be familiar with include:
Title 8 of the Code of Federal Regulations which addresses lawful immigration to the United States
The USCIS Federal Register Publications, including notices and rules as they are proposed and finalized
Administrative decisions from local offices and those from the USCIS Administrative Appeals office
Guides for immigration officers
Any changes in these laws or guidelines, or challenges facing current rulings
With all of these sources of information and the many changes that occur to them, it can be difficult to stay on top of the relevant rulings for your particular case. When this is compounded with the often slow processing time of USCIS, a small error can occur easily without the supervision of an experienced lawyer. These errors may cost you time, money, and even put your application into jeopardy.
Who is involved?
This is a complex area of our laws which involves a myriad of US Government agencies to manage the process and enforcement of current regulation. The Department of Homeland Security has been the managing entity since 2003, replacing the former INS. This department houses three different agencies which now handle the various duties formerly held by the INS.
These departments are:
Immigration and Customs Enforcement (ICE): This department handles a wide range of duties including border control, customs
U.S. Citizenship and Immigration Services (USCIS): This department oversees immigration functions;
U.S. Customs and Border Enforcement (CBE): This department border patrol duties.
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