Immigration law refers to national government policies which control the phenomenon of immigration to their country. Immigration law is applied when citizen of a one country wants to leave his country for education and for employment towards other country. In this case the country on which person wants to go apply some immigration policies for person entry in his country. Every country has its own immigration law. So immigration law varies from country to country and also according to the political climate of that country.
Some countries have very strict law for immigration which regulates the right of entry and internal right
once established. Most countries have certain law according to which after certain time duration person get the citizenship of that country.
Immigration law is a serious political issue in the USA, as the nation heads towards its 2008 Presidential Elections. That time many citizens found ineligible to vote in 2008 Presidential Campaign. Illegal immigration is also a big issue for some countries. In illegal immigration immigrants cross the national border of that country in a way that violates the immigration law of destination country. There are several causes because of which person cross border of any country illegally which includes reasons like war in his own country, family reunification, poverty, population growth, dangers, slavery, prostitution, rape and death are major issues for leaving his own country.
History of Immigration Law
The history of immigration law in the United States provides an interesting backdrop from which to analyze this country's views of race and class, which are often reflected in laws concerning immigration. After the Civil War, federal law began to reflect the growing desire to restrict immigration of certain groups. In 1875, Congress passed the first restrictive statute for immigration, barring convicts and prostitutes from admission.
The 1875 Act also attempted to deal with the problem of Chinese labor in the West. Imported Chinese labor had been used since 1850, and the tension between the Chinese workers and the settlers of European descent ran high. Congress adopted a law outlawing so-called "coolie- labor" contracts and immigration for lewd and immoral purposes. In 1882, Congress took even stronger action in the Chinese Exclusion Act, the nation's first racist, and restrictive immigration law. The Chinese Exclusion Act was finally repealed in 1943. By 1920 nearly 14 million out of the 105 million people living in the United States were foreigners.
In 1986, Congress passed the Immigration Reform and Control Act (IRCA). The Act focused almost exclusively on illegal immigration. The implication of this new legislation will be far reaching and will have a negative impact on many non- citizens. Unfortunately, it is yet to be seen how these new provisions will be enforced through the Immigration and Naturalization Service and the courts.
Immigration Law Marriage
According to The Defense of Marriage Act, U.S. Congress clarifies that the word "marriage" means only a legal union between one man and one woman as husband and wife and the word "spouse" refers only to a person of the opposite sex who is a husband or wife. Apparently, the U.S. Congress interprets that marriage exists only between male and female. Thus immigration laws do not accept gay or lesbian marriages.
Marriage is the subject of law of that state and country through which that couple belongs. There is not any specific definition of marriage in immigration law. Couple can only apply for immigration only when their marriage is legal when it was occurred, marriage must still be in existence and marriage has not be entered only for the motive of immigration if its prove that marriage was occurred only for immigration motive than in that case that marriage would be illegal.
When a person receives a green card based on a marriage that is less than 2 years old when the person becomes a permanent resident, then the resident status is Conditional for two years. At the end of the two years, the resident status expires unless a petition to remove the condition is approved by the BCIS. The BCIS will consider a petition which is signed by the conditional resident alone only if the marriage has ended in other words, a separated couple cannot have the condition removed unless both sign the petition or they end the marriage. There are special rules for battered and abused spouses, for political asylum cases, for widows of US citizens, and other rules which are beyond the scope of this basic introduction. This is just a brief introduction to a complex subject. There are exceptions to every rule. So this general introduction is not applied to any specific situation.
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