Immigration Fundamentals

Immigration Fundamentals

95-56 EPW
Updated July 2, 1998
CRS Report for Congress
Received through the CRS Web
Immigration Fundamentals
Joyce Vialet
Specialist in Immigration Policy
Education and Public Welfare Division
Key Definitions. Immigration to the United States is regulated by Federal law. The
basic U.S. law, the Immigration and Nationality Act (INA), was enacted in 1952 and
significantly amended since, most recently by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996. The INA defines an alien as “any person not a
citizen or national of the United States,” and sets forth the conditions under which aliens
may enter the United States. The term alien is synonymous with noncitizen. It includes
aliens who are here legally, as well as aliens who are here illegally, in violation of the
INA.
The two basic types of legal aliens are immigrants and nonimmigrants. Immigrants
are persons admitted as permanent residents of the United States. Nonimmigrants are
admitted temporarily as visitors for a specific purpose — for example, as tourists, foreign
students, diplomats, temporary agricultural workers, exchange visitors, or intracompany
business personnel. They are required to leave the country at the end of the time allotted
them for this purpose. The conditions for the admission of immigrants are much more
stringent, and fewer immigrants than nonimmigrants are admitted. Once admitted,
immigrants are subject to few restrictions. They may accept and change employment, and
may apply for U.S. citizenship through the naturalization process, generally after 5 years.
Key Statistics. In FY1996, about 916,000 immigrants were admitted for permanent
residence. Approximately 1 million immigrants naturalized in FY1996. INS estimates
the resident illegal alien population to be 5 million as of October 1996 with an annual
growth of 275,000, compared to 3.9 million in October 1992.
Immigration: Numerical Limits and Preference Categories. Immigration
admissions are subject to a complex set of numerical limits and preference categories
giving priority for admission on the basis of family relationships, needed skills, and
geographic diversity. These include a flexible worldwide cap of 675,000, not including
refugees, and a per-country ceiling, which changes yearly and is currently about 25,620.
Numerical limits on the three preference tracks are a 226,000 minimum for family-based,
140,000 for employment-based, and 55,000 for diversity immigrants. Unlike preference
immigrants, the immediate relatives of U.S. citizens — their spouses and unmarried minor
children, and the parents of adult U.S. citizens — are not subject to numerical limits.
Congressional Research Service ˜ The Library of Congress

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The largest number of immigrants is FY1996 Immigrants by Major Category
admitted because of family relationship to a
U.S. citizen or immigrant. Of the almost Total
915,900
916,000 immigrants in FY1996, 65% entered
on the basis of family ties. Immediate Family-related
594,604
relatives of U.S. citizens made up the single largest Immediate relatives of citizens
(300,430)
group of immigrants. Family preference Family preference
(294,174)
immigrants — the spouses and children of Employment preference
117,499
immigrants, the adult children of U.S. Refugee and asylee adjustments 128,565
citizens, and the siblings of adult U.S. citizens Diversity
58,790
— were the second largest group. Other Other
16,442
major immigrant groups in FY1996 were
refugees and asylees adjusting to immigrant status, and employment-based preference
immigrants, including their spouses and children, and diversity immigrants.
Other Entry Requirements. All aliens must satisfy State Department consular
officers abroad and INS inspectors upon entry to the U.S. that they are not ineligible for
visas or admission under the so-called “grounds for inadmissibility” of the INA. These
include such criteria as criminal history, security and public health considerations, and the
likelihood of becoming a public charge. Some provisions may be waived or are not
applicable in the case of nonimmigrants, refugees (e.g., public charge), and other aliens.
All family-based immigrants entering after 12/18/97 must have a new binding affidavit
of support signed by a U.S. sponsor in order to meet the public charge requirement.
Refugees and Asylees. Refugee admissions are governed by different criteria and
numerical limits than immigrant admissions. Refugee status requires a finding of
persecution or a well-founded fear of persecution in situations of “special humanitarian
concern” to the United States. The total annual number of refugee admissions and the
allocation of these numbers among refugee groups are determined at the start of each
fiscal year by the President after consultation with the Congress. The FY1998 refugee
admissions ceiling is 83,000, led by Europe (51,000, mainly for the former Soviet
Union—including 5,000 unfunded reserve numbers; and Eastern Europe) and East Asia
(14,000). The INA also provides for the granting of asylum on a case-by-case basis to
aliens who meet the definition of “refugee” and who are physically present in the United
States or at a land border or port of entry. Refugees, in contrast, are admitted from abroad.
Eligibility for Federal Benefits. Aliens’ eligibility for major federal benefit
programs depends on their immigration status and whether they arrived before or after
enactment of P.L. 104-193, the new welfare law (as amended by P.L. 105-33 and P.L.
105-185). Refugees remain eligible for Supplemental Security Income (SSI), Medicaid,
and food stamps for 7 years after arrival, and for other restricted programs for 5 years.
Most legal immigrants are barred from food stamps and SSI until they naturalize or meet
the 10-year work requirement. Immigrants receiving SSI (and SSI-related Medicaid) on
8/22/96, the enactment date of P.L. 104-193, continue to be eligible, as do those here then
who subsequently become disabled. Immigrants here on 8/22/96 are eligible for food
stamps if they were over 65, until they turn 18, and/or if they subsequently become
disabled. Immigrants entering after 8/22/96 are barred from Temporary Assistance for
Needy Families (TANF) and Medicaid for 5 years, after which their coverage becomes
a state option. Also after the 5-year bar, the sponsor’s income is deemed to be available
to new immigrants in determining their financial eligibility for designated federal means-

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tested programs until they naturalize or meet the work requirement. (See Alien Eligibility
for Benefits under the New Welfare and Immigration Laws, CRS Report 96-617.)