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Understanding migration law
Migration law refers to the national regulations, statutes, and legal precedents that govern immigration into a country and deportation. In short, the migration law describes the rules put in place by a government to determine who can enter the country at a specific time, and how long they can stay there. It also describes how a foreign nation should be treated if it entered the nation without permission. This law also controls a foreign nation's detention and the removal of that foreign national from the country.
The United States Immigration law
In the United States, the constitution has granted congress the power to legislate about immigration. The constitution has also prohibited the state governments from changing or enacting immigration laws. Three state agencies are tasked with that duty when it comes to implementing and enforcing immigration laws. The agencies are Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIC), and Customs and Border Protection (CBP). Every person from a foreign country must obtain permission to enter the U.S. through a Visa. In the United States, Visas are obtained for two primary purposes; immigration visas are given to those who want to stay in the USA and work there. Then there are non-immigration visas for students, tourists, and business persons who temporarily visit.
Some countries are deemed stable by the U.S. Citizens from such countries can stay in the USA for up to 3 months without a visa.
Immigration laws in the US
- Family-based immigration law - One of the central aspects of U.S. immigration policies is keeping families together. In this law, lawful U.S. citizens are allowed to bring their families to the U.S. The family members' qualifications include being a spouse of a U.S. citizen, children of U.S. citizens, and parents of U.S. citizens. However, there is a limitation to the number of family members you can bring during a specific period.
- Temporary Visas – The law permits employers to hire foreign nationals for jobs over a limited period. In this law, the employees are not allowed to change their job. Upon the expiry of their Visas, they then leave the U.S.
- Permanent immigration – The U.S. allows about 140,000 people to have permanent visas in a year. The number includes spouses and immigrants. The most considered persons in this category are people with extraordinary abilities, highly educated people, and people willing to invest heavily in the U.S. economy.
- Refugees – Different factors make the U.S. give refugees permanent residence. Such as fear of persecution and others.
The Australian immigration law
Just like the U.S., Australia has stringent immigration laws. Here are the different types of Visas categorized under the Australian Immigration law.
- Student visas – The Australian government encourages students from other countries to apply to study in Australia. Getting a student visa in Australia requires an offer from the educational institution you are planning to attend.
- Skilled occupational visas – Similar to the United States, working visas in Australia highly consider skilled workers. In most cases, visas in Australia are sponsored by individual states who want a specific skill set.
- Family visas – Australia also believes that the family is a unit and grants family visas, especially to spouses and contributory parents.
- Investor visas – As a foreign national, you can invest in Australia. However, before becoming an Australian citizen, you need to take an exam and make a declaration.
There are other visas such as working holiday visas and tourist visas.
In conclusion, migration laws help establish circumstances under which one can be allowed into a country and be ejected from the said country. They also help build relationships between individual countries.
