How the Immigration and Nationality Law (INA) Works

In an attempt to organize the immigration system of the United States, in 1952 the Immigration and Nationality Act (INA) was created, which groups all the immigration laws of the United States, which regulate the entry of foreigners to the country, either for a temporary visit or to reside permanently.

INA compiled all the immigration rules that existed until then and is currently the parent law that governs the legal immigration process to the United States. It has undergone modifications and revisions on several occasions since its creation, in order to achieve the best benefit for the country and its immigrants.

What does the Immigration and Nationality Law regulate?

Immigration laws are governed by the federal government, that is, they apply throughout the country and cannot be changed by the states at all.

INA is a federal law, in which changes have been made to its statutes over time. When Congress modifies the INA it doesnā€™t change everything, in general, it makes revisions and adds sections to the law.

The Immigration and Nationality Law regulates and controls the following matters:

  • Immigrant Visas.
  • Procedures for Change of Immigrant Status.
  • Admission of Refugees.
  • Asylum application.
  • Adjustment of Status.
  • Qualification for Permanent Resident.
  • Petition for spouses and children.
  • Visa Waiver Program.
  • Visa applications and issuances.
  • Permits for re-entry.
  • Detentions of foreigners.
  • Temporary Protected Status (TPS).
  • Rules on petition revocation.
  • American nationality.
  • Qualification for Naturalization.

You donā€™t need to review in detail every line of the law to make an immigration request or management, because the steps are simplified in the forms used for immigration procedures.

Which departments enforce immigration laws?

After the passage of the Homeland Security Act of 2002, immigration laws changed and the Department of Homeland Security (DHS) was created, which is the government agency charged with protecting the United States.

There are 3 offices linked to the enforcement and administration of immigration laws under the direction of DHS, specifically:

  1. The United States Citizenship and Immigration Services (USCIS): Performs administrative functions related to immigration.
  2. The United States Customs and Border Protection (CBP): Protects the borders and ports of entry of the United States.
  3. The United States Immigration and Customs Enforcement Service (ICE): Locates and prevents security threats at the country’s borders.

The Supreme Court also participates in decisions on immigration policy, one of the best known cases being Deferred Action for Childhood Arrivals (DACA).


There are very critical positions to the immigration system of the United States. On the one hand, some hope that their procedures will be simplified to make entry more flexible and others worry about the security of the country, partly due to the terrorist attacks of September 2001.

At Tramites de Inmigracion USA Corp we have a solid and experienced team of Immigration Lawyers, who can help you understand immigration regulations, highly trained to guide you on how to direct your case and defend yourself from abuse and discrimination.

Contact us at 1 (786) 776-7152 or 1 (786) 786-5088. Call now!

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