USA Immigration & Nationality Act
usinfo | 2013-08-15 16:01

Immigration and nationality laws exist within the United States in order to control, maintain and regulate the flow of immigrants into the country. Over the years, numerous amendments have been made to the Immigration and Nationality Act to improve diversity, alter quotas and protect the borders.

History
The Immigration and Nationality Act (INA) of 1952, also known as the McCarran-Walter Act, altered the 1924 Immigration Act so that Asian immigrants could legally enter the United States based on a quota system. Despite this, the quota established for Asians was quite low. Created after the end of World War II and during the early years of the Cold War, the Act banned any immigrant thought to have any ties to Communism. It also excluded immigrants who were found to be diseased, immoral, unlawful or politically radical. President Truman vetoed the law, as he was opposed to selective immigration, however it had enough support in Congress to pass.

The Immigration and Naturalization Act of 1965
• The Immigration and Naturalization Act of 1965, developed by President Kennedy and President Johnson, altered the 1952 Act allowing a higher quota of immigrants, especially Asian immigrants, to enter the United States. Under the 1965 Act, immigrants who had a desired skill, such as scientists and artists of "exceptional ability," could legally enter the States. It also eliminated the quota for immigrants entering the country who were under the age of 21 or had spouses or children already living in the country. Countries in the eastern hemisphere were now allowed a quota of 20,000 people per year to enter the country, and countries in the western hemisphere had no quota at all.

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1990 Immigration and Nationality Act
• The 1990 Immigration and Nationality Act introduced the Diversity Visa Lottery Program, which went into effect in 1991. Under the Lottery Program, the Attorney General determined which countries or regions obtained a high or low admission rate in terms of immigration over the previous five-year period. The countries or regions that had a high immigrant admission rate or 50,000 permanent residency visas granted over a five-year period were not given priority for diversity purposes.

Qualifications
• Immigrants in the low admission countries or regions, such as Africa or Central America, that wanted to enter the United States under the 1990 Act had to meet certain qualifications. To qualify for a permanent residency visa, immigrants needed to have a high school diploma, or the equivalent and at least two years of work experience. The Secretary of State used a random selection process in order to decide which qualified immigrants could acquire a visa. The spouses and children of the immigrants who were approved automatically became eligible for permanent residency visas as well.

Related Laws
• The Immigration and Control Act of 1986 allowed illegal immigrants to apply for citizenship if they had resided in the United States since January 1st, 1982. Section 245(i) of the INA (Immigration and Nationality Act) allowed illegal immigrants to apply for citizenship without needing to leave the United States if they paid a fee and met certain qualifications.

 

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