Houston Immigration Lawyer Call: (832) 458-1756

Contact Houston Immigration Lawyer RJ Alexander Law, PLLC at (832) 458-1756.

The United States, as a matter of sovereign right, exercises control over aliens seeking to enter or remain with the United States. This control serves two purposes – (1) to protect national interests, and (2) to continue the good order and well-being of the nation.

History of U.S. Immigration Law – Houston Immigration Lawyer
This concept of national security is not in the Constitution, but was expounded in 1892 in Ekiu v. United States, which stated, “it is an accepted maximum of international law that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the interest of foreigners within its dominions, or to omit them only in such cases as it may see fit to prescribe.” In Fong Yeu Ting v. United States, 149 U.S. 698, 711 (1893), the court held that “the right to exclude or to spill all aliens is… And inherent and inalienable right of every sovereign and independent nation…”

This concept still guides us today. This power does not extend to forbidding the entry of US citizens in the United States. Everyone seeking to come to the United States is presumed to be an alien. Is responsibility of the inspecting officer to determine whether the applicant formation is examined or inspected.

Understanding Examination and Non-Citizens – Houston Immigration Lawyer
The purpose of an examination is to determine identity and citizenship since US citizens have the right to enter the United States (under Title 8 U.S.C.), immigration law, rules and regulations do not apply to them. Those were examined (exempt inspection) include the following: US citizens, alien members of the US, on forces traveling under orders, on services personnel of a NATO member, on service personnel attached to a NATO headquarters in the United States, and North American Indians born in Canada with at least 50% American Indian blood.

Understanding Inspection – Houston Immigration Lawyer
An inspection is used to determine admissibility. Those persons who are subject to immigration law, rules, and regulations must satisfy the inspecting officer that they are legally entitled to enter the United States.

Persons subject to inspection – INA Statute 8 U.S.C. 1225(a), 8 C.F.R. 235.1, 1235.1
– persons present in the United States were not omitted
– persons who arrive in the United States even if they are not at a designated port of entry
– persons who are interdicted in international waters
– stowaways
– all persons who are applicants for admission, remission, or transit.

As defined in INA statute 101(a)3, 8 U.S.C. 1101, an alien is any person who is not a citizen or national of the United States. All applicants for mission are considered to be aliens into they satisfy the inspecting officer that they are not.

Most aliens can be classified as immigrants, not immigrants, refugees or asylees.

Immigrants versus Non-immigrants – Houston Immigration Lawyer
A non-immigrant is an alien temporarily admitted to the United States for specific purpose other than permanent residence. (INA Statute 101(a)5), 8 U.S.C. 1101.

An immigrant is an alien entering the United States reside permanently. An immigrant is also defined in INA statute 101(a)15 as an every alien except an alien who is within one of the class of not immigrants. Therefore all arriving aliens are presumed to be immigrants until they satisfy the inspecting officer that they fall within one of the non-immigrant classifications.

Lawful Permanent Residents – Houston Immigration Lawyer
Aliens, lawfully admitted, whether adjustment our mission, as immigrants are called lawful permanent residents (LPR). Lawful permanent residents may apply for naturalization once they have met eligibility requirements.

Conditional Residents – Houston Immigration Lawyer
Conditional residents are immigrants who have been admitted as lawful permanent residence for a two-year period. They must apply to remove the conditional status before being accorded permanent resident status.

Refugees versus Asylum seekers – Houston Immigration Lawyer
Refugees are aliens outside the United States to seek relief due to persecution in their countries. Aside these are aliens who would otherwise meet the definition of refugee but are in the United States was seeking this benefit.

Contact Houston Immigration Lawyer RJ Alexander Law, PLLC at (832) 458-1756.