Thursday March 30 , 2017

Immigration law

Immigration law refers to national government policies which control the occurrence of immigration to their country.

Immigration law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as nationality. Immigration laws differ from country to country, as well as according to the political environment of the times, as sentiments may sway from the widely inclusive to the deeply exclusive of new immigrants.

Immigration law regarding the citizens of a country is regulated by international law. The United Nations International Covenant on Civil and Political Rights mandates that all countries permit entry to its own citizens.

Certain countries may maintain rather strict laws which control both the right of entry and internal rights, such as the period of stay and the right to contribute in government. Most countries have laws which assign a process for naturalization, by which immigrants may become citizens.

Immigration law in the USA

The immigration laws in the United States have experienced irregular development. During colonial times independent colonies created their immigration laws. The first effort to naturalize foreigners was through the Naturalization Act of 1790. However many years later the Chinese Exclusion Act was passed to stop the immigration of Chinese people. The Immigration Act of 1924 put a quota on how many immigrants are permitted, based on nationality. The Immigration & Nationality Act of 1952 led to the formation of the Immigration and Naturalization Service.

The five main departments of the federal government involved in the immigration procedure are the Department of Homeland Security, the Department of Justice, the Department of State, the Department of Labor, and the Department of Health and Human Services. Of the five, the Department of Homeland Security, which replaced the Immigration and Naturalization Service, enforces immigration laws & bestows benefits on aliens. It is subdivided into three separate departments: US Citizenship & Immigration Services, Immigration and Customs Enforcement, and Customs and Border Protection.

Every year, the Federal government conducts a Diversity Visa Lottery. The lottery grants citizens of other countries legal entry into the United States. However only countries "with low rates of immigration to the United States" are allowed to apply. Presently there are two different types of visas: one for people seeking to live in the US; termed Immigrant Visas, and the other for people coming for restricted durations, such as tourists or on business trip, and those are termed Non Immigrant Visas. The former visa has “per country-caps”, and the latter does not.

The United States allows more than 1 million aliens to become Legal Permanent Residents every year, which is more than any other country in the world.

Immigration law became a serious political issue in the USA, mainly after 9/11.

Immigration law in the UK

British Overseas Citizens have equal legal rights to British citizens - distinguished only in title. British citizenship can be attained as a correct for anyone who was born in Britain, or British overseas territory. It is also accessible as of right for people of whom one parent is a "British (or British Overseas) citizen otherwise than by descent"

For EU citizens

EU citizens, as created by the Treaty of Rome at 17 have the right to work, provide services or self employment in the UK

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