Immigration & Criminal Defense Attorneys

IMMIGRATION LAWS

United States Federal Immigration Laws

The Immigration and Nationality Act of 1952 (INA) appears in Title 8 of the United States Code. It governs immigration to, removal from, and nationalization and citizenship in the United States. Some key provisions of the INA include:

  • Title II, Chapter 1 – establishing basic limitations and eligibility requirements for immigration to the United States
  • Title II, Chapter 2 – establishing qualifications for admission to the United States for eligible foreign nationals
  • Title II, Chapters 4 and 5 – dealing with removal (deportation) and adjustment of status
  • Title III, Chapter 2 – establishing the requirements for naturalization

The INA is enforced in accordance with court opinions interpreting the law. For example, the United States Supreme Court’s decision in Lopez v. Gonzales, 549 U.S. 47 (2006) limited which drug crimes may be treated as “aggravated felonies” for purposes of removal under Title II of the INA.

Title 8 of the Code of Federal Regulations (CFR) implements and applies the governing principles of the INA in more practical terms than the statute itself. While certain regulations have become somewhat outdated, others provide important procedural guidelines relating to how to obtain lawful immigrant status. Part 204, for example, establishes the procedures for immigrants to petition for a visa to enter the United States. Part 209 deals with adjustments of status.

Utah Immigration Laws

The Utah Immigration Accountability and Enforcement Act (IAEA) appears in Chapter 12 of Title 63G of the Utah Code. Under the Supremacy Clause of the United States Constitution, the Utah IAEA is prohibited from impairing the rights of immigrants that are granted by federal law.

The Utah IAEA applies to immigrants living or present in the State of Utah, and governs things like:

  • Guest worker permits and immediate family permits for undocumented individuals
  • Revocation of permits for convictions and guilty pleas for serious felonies
  • Employment of unauthorized aliens and verification of employment eligibility

The Utah IAEA also establishes criminal penalties for forging or altering a permit or permit application, and for using a revoked permit or a permit issued to someone else.

Contact a Utah Immigration Lawyer

To learn more about these laws and what they mean for your ability to enter, stay in, or leave the United States, contact the experienced Orem, Utah immigration lawyers at Keen Law Offices, LLC today. Call (801) 899-6385 or click here to contact Keen Law Offices, LLC online.