UNITED STATES DEPARTMENT OF HOMELAND SECURITY

UNITED STATES CITIZENSHIP & IMMIGRATION SERVICES

The U.S. Citizenship and Immigration Services (USCIS) is a branch of the Department of Homeland Security which replaced the legacy “INS” in 2003 as part of a massive overhaul of the immigration services after the 9-11 terrorist attacks and passage of the Homeland Security Act of 2002. This and several other laws (most notably, the Patriot Act) that were passed during the fear that enveloped the nation after 9-11 created the largest Government agency of the U.S. other than the military.

USCIS is one of three branches of U.S. immigration that replaced INS. These are USCIS, Customs & Border Protection (CBP), and Immigration and Customs Enforcement (ICE). CUSTOMS AND BORDER PROTECTION (CBP) is tasked with border protection as the name suggests. They are in airports and at land borders with Mexico and Canada as well as in ports around the U.S. They also intercept vessels in the open ocean along known drug trafficking and human smuggling routes. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) is tasked with the enforcement of U.S. immigration laws and they are federal law enforcement officers that apprehend, detain, and prosecute non-citizens. ICE includes the attorneys that represent the U.S. Government in removal proceedings to remove (“deport”) non-citizens from the U.S.

USCIS is very different from the other two agencies that are under the Department of Homeland Security in that they do not operate like a law enforcement agency in the traditional sense. USCIS is the agency that grants immigration benefits. So if a person is requesting an immigration benefit such as a visa or if they are applying for citizenship USCIS handles such requests. USCIS is carrot while ICE and CBP are the stick. USCIS will grant benefits or deny benefits to those seeking them but they don’t go out seeking non-citizens to take legal action against. In fact, USCIS will often not do anything if they deny a benefit. Typically unless a non-citizen has a serious criminal record, USCIS won’t even refer the person to ICE even if they deny them the immigration benefit they are requesting.

There are many benefits people making be applying for with USCIS including:

• • Visas

     

    • • Immigrant Visas

         

        • • Family-Based Immigrant Visa Petitions
        • • Perm Employment Visas
        • • EB-5 Investment Visas
        • • Diversity Lottery Visas

    • • Nonimmigrant Visas (temporary visas)

         

        • • Visitor Visa (tourist visa)
        • • Employment Visas
        • • Specialized Nonimmigrant Visas

• • Citizenship

• • Affirmative Asylum

• • Legal Permanent Residency (a “green card”)

• • Employment Authorization (“EAD” or “work permit”)

• • Advance Parole

• • DACA or Deferred Action

• • Special Immigrant Juvenile Status (SIJS)

• • U Nonimmigrant Status for Crime Victims