Immigration law is one of the most complex areas of U.S. federal law. The implementation and enforcement of these laws includes at least five cabinet level departments; DHS, DOS, DOJ, DOL, and HHS and numerous sub divisions known as bureaus, agencies, services and administrations. The Immigration and Nationality Act (the Act), establishes the basis for the system but it is important to note that there have been no fewer than 115 laws amending the act since 1986 and not all of the changes have been added to the Act as it is published in the U.S. Code and on the Immigration Service web site.

Immigration law effects every business in the United States, the I-9 employment eligibility verification requirement is, to our knowledge, the only federal employment law that is applicable to every U.S. employer including individuals.

The law impacts many areas of federal concern including; national security, homeland security, international economic treaties, human rights treaties, protecting U.S. workers, hiring and firing foreign labor, and religious freedom to name just a few.

The United States immigration laws address immigration for business purposes, family reunification, protection from spousal abuse and human trafficking, asylum from persecution, professional athletes and international performers and journalists, the list goes on. It also determines citizenship and provides for naturalization.

There are some basic organizing concepts though that help to make sense of it all.

First, people coming to the United States are coming as either Immigrants or Nonimmigrants. If they are Immigrants then they intend to stay permanently in the U.S. if they are Nonimmigrants they are entering for a temporary visit. There are many places these two concepts interact or even conflict, but it is still helpful to think through your situation in these terms, at least to start.

Second, except in a tiny minority of cases the burden is on the applicant or petitioner to prove their case. This means the immigration authorities will always require that you prove your eligibility and until you do, they will deny whatever benefit it is you seek, temporary or permanent.

Finally, the regime is very unforgiving. Errors and omissions are difficult to recover from. The agencies invariably put as many road blocks as possible in your way. One typically has only 30 days to file an appeal yet the wait for a decision frequently stretches into many years.  Avenues for relief very limited and the agencies and their employees are often harsh and difficult to deal with.

Filing fees are high because the USCIS, which is the agency responsible for deciding almost all cases, is funded entirely by your fees, no tax dollars are spent. To rub salt into an open wound you are more likely to be treated as if you are a criminal rather than a customer even though your money is paying the salary of many thousands of U.S. government and contractor employees.

This is the reality of the U.S. immigration system. It is complex, opaque, unfriendly and unforgiving. Mr. Feldman will smoothly guide you , zealously protect your interests and aggressively fight injustices.

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