Immigration Fundamentals

Immigration Fundamentals

98-918 EPW
Updated September 15, 1999
CRS Report for Congress
Received through the CRS Web
Immigration Fundamentals
Joyce Vialet
Specialist in Immigration Policy
Domestic Social Policy 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 FY1998, 660,477 immigrants were admitted for permanent
residence. This was the lowest number in 10 years, not because of decreased demand but
because of INS processing backlogs. Approximately 600,000 immigrants naturalized in
FY1997. INS estimates the resident illegal alien population to be 5 million as of October
1996, compared to 3.9 million in October 1992, with an annual growth of 275,000.
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 was 25,620 for FY1998.
Numbers allocated to the three preference tracks included 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

The largest number of immigrants is
FY1998 Immigrants by Major Category
admitted because of family relationship to a Total
660,477
U.S. citizen or immigrant. Of the 660,477 Family-related
475,750
Immediate relatives of citizens
(284,270)
legal immigrants in FY1998, 72% entered Family preference
(191,480)
on the basis of family ties. Immediate Employment preference
77,517
relatives of U.S. citizens made up the single Refugee and asylee adjustments
54,709
largest group of immigrants. Family Diversity
45,499
preference immigrants — the spouses and Other
7,002
children of immigrants, the adult children of
U.S. citizens, and the siblings of adult U.S.
citizens — were the second largest group. Other major immigrant groups in FY1998 were
employment-based preference immigrants, including spouses and children, refugees and
asylees adjusting to immigrant status, 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 FY1999 refugee
admissions ceiling is 91,000, led by Europe (61,000, including 13,000 emergency numbers
for Kosovar Albanians added during the year) and, for the first time, Africa (12,000). The
INA also provides for the granting of asylum on a case-by-case basis to aliens physically
present in the United States who meet the statutory definition of “refugee.” Refugees, in
contrast, are admitted from abroad. (See CRS Report 98-668, Refugee Admissions and
Resettlement Policy: Facts and Issues.)
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 1996 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 by 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-tested
programs until they naturalize or meet the work requirement. (See CRS Report 96-617,
Alien Eligibility for Benefits for Public Assistance.)