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Can you immigrate to the United States?

Posted on February 17, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I would like to know if I am eligible to come to the United States and immigrate so I can get my Green Card. I am very confused and am unsure of the possible ways. Can you shed some light on this subject?

Answer: Through family-based immigration, a U.S. citizen or LPR can sponsor his or her close family members for permanent residence. A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers and sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. As a result of recent changes in the law, all citizens or LPR’s wishing to petition for a family member must have an income at least 125% of the federal poverty level and sign a legally enforceable affidavit to support their family member.

Through employment-based immigration, a U.S. employer can sponsor a foreign-born employee for permanent residence. Typically, the employer must first demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job for which an immigrant visa is being sought.

Through various special related visas for religious persons or multinational managers.

As a refugee or asylee, a person may gain permanent residence in the U.S. A person located outside the United States who seeks protection in the U.S. on the grounds that he or she faces persecution in his or her homeland can enter this country as a refugee. In order to be admitted to the U.S. as a refugee, the person must prove that he or she has a “well-founded fear of persecution” on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. Like a refugee, an asylum applicant must prove that he or she has a “well-founded” fear of persecution based on one of the five enumerated grounds listed above. Once granted asylum, the person is called an “asylee.” In most cases, an individual must apply for asylum within one year of arriving in the U.S. Refugees and asylees may apply for permanent residence after one year in the U.S.

Question: How many immigrants are admitted to the United States every year?

Answer: Family-based immigration is limited by statute to 480,000 persons per year. There is no numerical cap on the number of immediate relatives (spouses, minor unmarried children and parents of U.S. citizens) admitted annually to the U.S. as immigrants. However, the number of immediate relatives is subtracted from the 480,000 cap on family-based immigration to determine the number of other family-based immigrants to be admitted in the following year (with a floor of 226,000). Employment-based immigration is limited by statute to 140,000 persons per year. The United States accepts only a limited number of refugees from around the world each year. This number is determined every year by the President in consultation with Congress. The total number of annual “refugee slots” is divided among different regions of the world. For fiscal year 2003, the number of refugee admissions was set at 70,000.

The numbers may sound like a large amount. However, since so many people want to come into the U.S., there are many people who have to wait 10 to 20 years to have their turn to enter the U.S. as a Lawful Permanent Resident.

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BCIS, BICE, and BCBP – What does it all mean?

Posted on February 16, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am trying to follow the updates since the Immigration and Naturalization Services ceased to exist. However, I am having a very difficult time understanding all the new departments. Can you please explain?

Answer: Yes, on March 1, the INS ceased to exist. All of the agency’s immigration functions were divided and transferred into three bureaus within the Department of Homeland Security. The transition affects everything from bringing in international employees for business meetings, to the processing of pending cases that were sent to the INS, to the work authorization and visa documentation foreign nationals currently hold.

Question: Can you explain what these new departments are within the Department of Homeland Security?

Answer: The three bureaus (the Bureau of Citizenship and Immigration Services (BCIS), the Bureau of Immigration and Customs Enforcement (BICE), and the Bureau of Customs and Border Protection (BCBP)) are now responsible for all the immigration services and enforcement functions. This does not include the Immigration Court.

Question: What does the Bureau of Citizenship and Immigration Services do?

Answer: The Bureau of Citizenship and Immigration Services (BCIS) is responsible for immigration services and benefits including: the adjudication of family- and employment-based petitions; issuance of employment authorization documents; asylum and refugee processing; naturalization; and implementation of special status programs such as Temporary Protected Status. At least during the transition phase, the bureau’s structure and functions will remain fairly similar to the old INS. The former INS District Offices (newly titled local BCIS offices); Application Support Centers (ASC), Service Centers and Asylum offices will remain open and in the same locations for this transition period.

This bureau will continue to process pending applications previously filed with the INS, and will maintain the validity of documentation issued by the former INS, such as: green cards, certificates of citizenship, employment authorization documents, travel and advance parole documents, Form I-94 Arrival and Departure Records, and others.

Question: What does the Bureau of Immigration and Customs Enforcement do?

Answer: The BICE handles the investigative and interior enforcement functions of the former INS, U.S. Customs Service, and the Federal Protective Services. The bureau is responsible for the detention and removal of criminal aliens, dismantling smuggling operations or trafficking of aliens, building partnerships to solve local problems, minimizing immigration benefit and document fraud, and conducting INS raids.

The bureau consists of approximately 14,000 employees, and is headed by an Assistant Secretary, who reports directly to the Undersecretary for Border and Transportation Security.

Question: Finally, what are the functions of the Bureau of Customs and Border Protection?

Answer: The BCBP is responsible for the Border Patrol, immigration investigations, and the inspections process at the borders. Prior to March 1, the ports of entry were supervised by several distinct chains of command and inspections personnel for the U.S. Customs, INS and other federal agencies. As of March 1, BCBP became the sole governmental presence along the border and at the ports of entry. The new bureau fused the old agencies’ chains of command at each port of entry into one common chain and put all inspectors under a single port director. The bureau also put the former INS enforcement personnel at the border in a supervisory position above former INS investigators. This is the first time that the immigration investigations functions are subordinate to enforcement. However, it still remains unclear how this change will affect admissions to the U.S. The bureau consists of 30,000 employees.

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So many Student Visa Regulations! What do I do?

Posted on February 15, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a foreign student, but am finding it difficult to maneuver around the new Student Visa Regulations. Can you help to clarify?

Answer: On January 1, 2003, “Retention and Reporting of Information for F, J, and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)” went into effect. There are many changes for students.

Question: Under SEVIS, are they any changes for practical training?

Answer: F-1 students now become eligible for a new one-year period of post completion optional practical training (“OPT”) when a student changes to a higher educational level. Under the new rules, a student could receive one year of OPT upon completing a Bachelors, then get an additional one year OPT for Masters, and then, if the student newly enrolls in a Doctoral program, the F-1 can get a third year of post completion OPT once the Ph.D. is completed.

Question: What about my spouse who is on F2? Can she continue to go to school?

Answer: The new rule states that F-2 dependents may not be enrolled full-time in a degree granting course of post-secondary study. F-2 dependents may be enrolled in elementary and secondary school or any a vocational or recreational studies. There is no grandfathering of current F-2s enrolled in college, and all such F-2s must have applied for a change of status to F-1 by March 11, 2003.

Question: What is the obligation of the school at this point under SEVIS?

Answer: The school must report the following within 21 days: failure to maintain F-1 status or complete educational program, change in address or name, graduation early or prior to program end date on SEVIS I-20, disciplinary action taken by school. Each semester and no later than 30 days after the deadline for class registration, schools must report the following: whether the F-1 student has enrolled, identification of any F-1 student who has dropped below a full course of study without authorization, the current address of the F-1 student.

Question: What if I go out of status? Can I be reinstated?

Answer: There is a new rule for getting reinstated. Now, the student must apply for reinstatement not more than 5 months after being out of status. Or, if the application is outside of the 5-month limit, the student must establish that failure to timely file was the result of exceptional circumstances. To have a reinstatement approved, the student must show either that the violation of status resulted from circumstances beyond the student’s control or that the violation relates to a reduction in the student’s course load that would have been within a Designated School Official’s power to authorize and that failure to approve reinstatement would result in extreme hardship to the student.

Question: What if I cannot finish my coursework by the end of the date on the I-20?

Answer: The new rule requires that program extension must be requested by the student prior to the end date on the I-20. Any student who is unable to complete the educational program before the end date on the I-20, and does not request a program extension prior to the end date on the I-20, is out of status.

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Is the U.S. engaging in Racial Profiling?

Posted on February 12, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

December 16, 2002 was the first “special registration call-in” program deadline. The program deadline required all males 16 years of age or older, who are citizens or nationals of one of five designated countries, and who entered the US as non-immigrants before September 10, 2002, to have registered to be fingerprinted and photographed.

A subsequent January 10, 2003 deadline applies to nationals from 13 more countries, and a February 21, 2003 deadline applies to nationals from another two countries.

This measure is yet another false solution to a real problem. Call-in registration offers us little protection because it targets people based on national origin, race and religion, rather than on intelligence information, and alienates the very communities whose cooperation we need. To make matters worse, the registration process is being wrongly applied. Instead of identifying terrorists, the INS in some local offices has used the special registration procedure to identify and detain people who are on the path to permanent residence, but are “out of status” — sometimes through no fault of their own. It makes no sense from security or resource perspectives to target people who eventually will be granted lawful status.

Not only is the call-in registration program ill-conceived, it also is being wrongly and ineffectively implemented and diverts law enforcement resources from initiatives that effectively enhance our security. The Department of Justice has not given the INS the necessary staff and resources to do its job and has not effectively disseminated information about the program. The paucity of information will make it likely that otherwise law-abiding people will not register or will fail to comply with program requirements and, therefore, be considered “per se” guilty of a criminal misdemeanor, deportable, and permanently barred from ever reentering the U.S.

Right now, it is only people from the designated countries that are targeted for this type of Special Registration. However, maybe next month, it will be another 10 countries and the month after another 10 countries. Eventually, the U.S. government might start having people who have relatives born in certain countries register. Eventually, the U.S. government might have U.S. Citizens register.

We must fight for civil liberties and constitutional due process for people here in the U.S. Of course no one wants there to be another terrorist attack. However, it is not real likely that a terrorist is going to go and Special Register. Therefore, the people whom are most likely to commit the terrorist acts are the very ones who will most likely not comply with the Special Registration requirements.

For many people in the U.S., this Special Registration is of no concern to them and they simply paint with a broad brush and state that we must prevent terrorism and that this is necessary. The critical concern is that it is the liberty and freedom of the United States that makes this country the best place on Earth to live. If that freedom and liberty is chipped away at, then the foundation of our country begins to erode.

We must do what is necessary to fight terrorism, but not impinge upon the duly protected constitutional rights of people. We must keep our civil rights and help those that are simply trying to make better lives for themselves. We must not target people and treat them unfairly simply because the color of their skin is different or there national origin is different. Otherwise, the terrorists have won.

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Can I be deported?

Posted on February 12, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been out of status for a number of years. Currently, I have a couple different petitions going forward. Once is a sibling based family petition, and the other is an employment based Labor Certification. I was told that it would take about another three to four years to be able to adjust my status to that of a Lawful Permanent Resident. There have been many news stories of people begin picked up by INS and deported, I am afraid for myself, my wife and my children. Can I just be deported?

Answer: Under most circumstances, the answer is no. Because you are here in the United States, you are allowed the opportunity to go in front of an Immigration Judge. Only if you had a previous deportation order can INS just take you and deport you without giving you a hearing. It is your constitutional right. Unlike many other countries around the world, even if you are not a citizen or a lawful permanent resident of the United States, you are entitled to due process. This means that you have an opportunity to present your case, to question witnesses, to cross examine witnesses who testify against you, to apply for relief or ways of staying permanently in the United States and to appeal decisions of the Immigration Judge that you are not satisfied with.

Question: What exactly might happen?

Answer: Each case is different. However, if you are targeted by INS, you should be served with what is known as a Notice to Appear. This is the beginning of the process. You might be taken into custody upon which you would be able to try to get a Bond Redetermination Hearing to get bonded out or become free while the immigration case is going forward. Then, over the next six months to two years, you will present your case in front of the Immigration Judge with the hope of winning.

Question: Am I entitled to an attorney?

Answer: Yes. You have every right to have an attorney represent you through these proceedings. However, unlike criminal cases, you must pay for the attorney to help you. The State will not provide one free of charge.

Question: How can the U.S. Constitution protect someone in my position?

Answer: Because the U.S. Constitution gives people their rights as free persons in this country. If the U.S. Government were to just pick someone up and deport them, there would not be any safeguards against possible mistakes they may make. Also, the law allows people who are out of status to obtain their Green Cards based upon certain criteria. The government allows you to present that evidence. Just remember that this is the best country in the world to live in (no offense to those people elsewhere) and one reason it is such a great place to live is because individual rights are valued and treasured by our Constitution.

However, the United States Government seems to be taking various rights away from certain immigrants. Therefore, you will have to make certain that you contact an immigration attorney right away in order to protect your rights and not be wrongfully deported.

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Can he be bonded out?

Posted on February 10, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a friend that was taken into deportation and would like to know if he can be bonded out. Can you give me some guidance?

ANSWER: A wide range of INS officials have the power to arrest and detain people. The INS can arrest a person without a warrant if it has “reason to believe that the alien … is in the United States in violation of any [immigration] law or regulation and is likely to escape before a warrant can be obtained for his arrest.”

QUESTION: What happens after a person is arrested on a suspected immigration law violation?

ANSWER: S/he should be examined “without unnecessary delay” by an INS officer on his or her right to enter or remain in the United States. The officer examining the individual after arrest should not be the arresting officer unless another qualifying officer is not available and taking the person before another officer will cause unnecessary delay. If the examining officer finds prima facie evidence that the person arrested has violated the immigration laws, then the officer will place him or her in removal proceedings or institute expedited removal, if applicable.

If the INS places the person in removal proceedings, it should notify him or her of the reasons for his or her arrest. The examining officer should also inform the individual of his or her right to counsel at no expense to the government and provide him or her with a list of free legal service providers. The officer should also warn the person that any statement that s/he makes “may be used against him or her in a subsequent proceeding.”

The INS may hold a person arrested without a warrant for 48 hours or longer “in the event of emergency or other extraordinary circumstances.”¹² On or before the conclusion of this period, the INS must determine whether the individual will continue to be detained or released on bond or recognizance. It must also decide whether to issue a Notice to Appear (NTA) and an arrest warrant.¹³

QUESTION: How does INS determine who should be released and under what conditions?

ANSWER: The local INS District Office (usually the Detention and Deportation Unit) makes the initial custody and bond determinations.¹⁴ As long as the s/he is not subject to mandatory detention due to criminal or terrorist grounds, the INS may release the individual on bond or on recognizance.¹⁵

In order to be released, a person “must demonstrate to the satisfaction of the officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding.” The factors commonly considered in making the determination to release and/or set bond include: 1) Local family ties;
2) Prior arrests, convictions, appearances at hearings; 3) Membership in community organization; 4) Manner of entry length of time in the United States; 5) Immoral acts or participation in subversive activities; and 6) Financial ability to post bond.

After September 11, the government’s concern about security and intelligence gathering may also play a crucial role in deciding whether a person will be detained or released.

QUESTION: Can a person work once s/he has been released from INS custody?

ANSWER: The person can work as long as s/he is a lawful permanent resident (LPR) or is otherwise authorized to work, such as where s/he has received authorization to work based on a pending adjustment or asylum application.

QUESTION: Can a person challenge the INS’s custody/bond determination?

The regulations prohibit the following groups of people from requesting an Immigration Judge to review the INS’s custody and/or bond determination: 1) those considered to be “arriving aliens”; 2) those charged with being deportable on security, terrorism and related grounds; or 3) those subject to mandatory detention.

Even though an Immigration Judge does not have jurisdiction to redetermine custody and/or bond for the above groups, s/he does have jurisdiction to review whether the INS correctly determined that an individual does in fact belong to one of these groups.

Everyone else may request an Immigration Judge to review the INS’s custody and/or bond decisions at any time until a removal order becomes final. A request for custody and/or bond redetermination may be made orally, in writing, or by telephone, if the Immigration Judge permits in his or her discretion. If the person is detained, the request for custody and/or bond redetermination should be made to the Immigration Court that has jurisdiction over the place of detention. Otherwise, the request should be made to the Immigration Court that has administrative control over the case.

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Can you immigrate to the United States?

Posted on February 9, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Through various special related visas for religious persons or multinational managers.

Question: How many immigrants are admitted to the United States every year?

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Will the war affect my application?

Posted on February 8, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I wish the best for the troops of the U.S. in Iraq. My concern is that I have an application going forward with the Bureau of Citizenship and Immigration Services and am wondering if that will be affected. Also, I am having a friend coming into the U.S. for a visit. Will the war affect him?

Answer: It is hard to say what effect the war will have on the immigration processes. The reality is that if you or your friend are from a Muslim related country, you will most likely have to go through more security checks and will have more difficulty in obtaining the visa. Of course this is not always true, but a person whom wants a Visitor Visa from Syria will have a harder time obtaining that visa than one whom obtains a Visitor Visa through the Philippines.

As for an application you currently have, it should not be affected. For example, if you have a work permit petition through an employer, as long as you qualify for the petition and are not inadmissible under any grounds, there should not be a problem.

Question: This sounds like ‘profiling’ by the U.S. government. Is that legal?

Answer: In some respects you are correct. The U.S. government has targeted persons of Muslim countries to special register. They have deported many people who have specially registered, but are out of status. They have expelled diplomats from Iraq and have sought to detain persons from Muslim related countries who are seeking asylum.

The U.S. government does not seem to be targeting persons whom are not from Muslim related countries. However, as we are seeing, in wartime, many of the due process rights and constitutionally protected rights of certain persons are abrogated and diminished. That is why we have to constantly fight to keep the rights of those persons who are least able to fight for themselves. Yes, the U.S. government should do what it needs to do to protect its national security. However, in many cases, in the name of national security, measures are taken which end up violating certain civil liberties and constitutional protections. These violations unfortunately do nothing to protect the national security. Thus, we must fight for the rights of all immigrants in the U.S. Otherwise, what appears to be limited and small infractions of constitutionally protected rights on a few select people could eventually be directed to the more general population of the U.S.

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