The Legal Framework in Immigration Cases

 When handling immigration cases, it is crucial to navigate the complex web of laws and regulations governing immigration in the United States. I.S. Law Firm is well-versed in the various legal authorities that shape immigration law and provide the foundation for our work. This blog will outline the four primary types of legal sources we commonly encounter and leverage to advocate for our clients effectively:

  • Immigration and Nationality Act (INA)

The Immigration and Nationality Act, also known as the INA or the United States Code, serves as the cornerstone of immigration law in the United States. Enacted by Congress, the INA provides the statutory framework for various aspects of immigration, including visa eligibility, admission, deportation, and naturalization. As immigration lawyers, we thoroughly analyze the INA to ensure our clients’ cases align with its provisions and to craft compelling legal arguments on their behalf.

  • Code of Federal Regulations (CFR)

Besides the INA, federal regulations known as the CFR play a pivotal role in shaping immigration law. These regulations are promulgated by federal agencies such as the Department of Homeland Security (DHS) or the U.S. Citizenship and Immigration Services (USCIS). The CFR fills gaps left by the INA and provides detailed rules and procedures for implementing immigration laws. Our firm remains well-versed in the CFR to leverage these regulations effectively and strategize the best course of action for our clients.

  • USCIS Policy Matters

The USCIS, as an agency responsible for administering immigration benefits and services, has established policies and manuals to guide its officers in interpreting the law and applying consistent standards. These USCIS policy matters provide additional insights into the agency’s internal procedures, adjudication criteria, and discretionary measures. Our team monitors USCIS policy changes and utilizes this knowledge to develop strong case strategies that align with the agency’s interpretation and guidance.

  • Case Law and Precedents

Case law, which refers to legal decisions made by federal courts, the Board of Immigration Appeals (BIA), and immigration courts, significantly shapes immigration practice. The principles established in prior cases, known as precedents, guide interpreting and applying immigration laws in specific situations. As experienced immigration lawyers, we rely on these precedents to build persuasive arguments, demonstrate legal reasoning, and seek favorable outcomes for our clients.

In summary, our immigration practice revolves around comprehending and skillfully employing these four types of legal authorities. By leveraging our deep understanding of these legal sources, we navigate the intricate landscape of immigration law with confidence and provide effective representation to our clients.

If you require legal assistance or have any questions regarding your immigration case, we encourage you to reach out to our experienced team at the I.S. Law Firm. Our attorney is dedicated to providing knowledgeable guidance and zealous advocacy to help you achieve your immigration goals. To schedule a consultation, use the following link: Schedule a Consultation – I.S. Law Firm, PLLC.