Immigration

Classification of entrant aliens

By December 25, 2016 No Comments

A major aspect of the statutory scheme of regulation is
its division of aliens into two classes: (1) immigrants, and
(2) nonimmigrants. Under normal connotation, immigrants
are those who wish to stay permanently and nonimmigrants
are those who come for temporary sojourn. However, by
definition an immigrant means “every alien” except one
belonging to the specified nonimmigrant classes.

Moreover, the statute declares that every alien is presumed to be an
immigrant unless he establishes to the satisfaction of the
consul and of the immigration officers that he is entitled to
a nonimmigrant status. Of course, there are no numerical
limitations on the entry of nonimmigrants and large num
bers are admitted for temporary stay each year.

The immigrant class is further subdivided into: (1)
immediate relatives (spouses, parents, and children) of
United States citizens; (2) special immigrants (chiefly re
turning lawful residents of the United States); (3) refugees,
and (4) other immigrants. Aliens in the fourth group are
subject to an annual numerical limitation of 270,000 within
which there are six enumerated priorities. Aliens in the first
two groups may enter the United States without numerical
limit.

In determining priorities, there is a negative
presumption that every immigrant is presumed to be in the
nonpreference category unless he establishes to the satis-
faction of the consul and the immigratiqnxrjnicers that he
is entitled to a preference status.3

Francisco Hernandez

Author Francisco Hernandez

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