The Path To Citizenship: Navigating Government Agencies

The process of becoming a US citizen is complex and involves multiple federal agencies. The US government agency that handles laws for becoming a citizen is the United States Citizenship and Immigration Services (USCIS). It is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. USCIS was formed in 2003 to enhance the security and efficiency of national immigration services by focusing on the administration of benefit applications. The agency performs duties such as processing immigrant visa petitions, naturalization applications, asylum applications, and applications for adjustment of status (green cards). It also conducts naturalization interviews and administers English and civics tests to would-be citizens. Other agencies involved in the immigration process include the Department of State, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).

The role of the Department of Homeland Security (DHS)

The Department of Homeland Security (DHS) is a federal agency that plays a crucial role in the immigration process within the United States. DHS has multiple components that work together to facilitate the country's immigration system. Here is an overview of the role of the Department of Homeland Security:

• The United States Citizenship and Immigration Services (USCIS) is a component of DHS that assumed responsibility for immigration service functions on March 1, 2003. USCIS focuses exclusively on administering benefit applications for individuals seeking to enter and stay in the country, either temporarily or permanently. They conduct naturalization interviews and ceremonies, administer tests, conduct background checks, and process applications for refugees and asylum seekers. USCIS also manages the e-verify system, which allows employers to determine the eligibility of their employees under immigration laws.
• Immigration and Customs Enforcement (ICE), another component of DHS, handles immigration enforcement and has an investigatory role. ICE identifies, detains, and removes undocumented aliens, prioritizing convicted criminals, fugitives, and recent illegal entrants who pose a threat to national security.
• Customs and Border Protection (CBP) is responsible for border security. They conduct inspections and enforce immigration and customs laws at ports of entry through border patrol and customs agents.
• The Citizenship and Immigration Services Ombudsman operates independently from USCIS and acts as a liaison between the public and DHS on immigration benefits matters. This office provides individual case assistance and makes recommendations to improve the administration of immigration benefits.
• DHS also works to prevent terrorism and targeted violence and has implemented programs to ensure that immigration benefits are not granted to individuals who pose a threat to national security.

Immigration and Customs Enforcement (ICE)

ICE has two primary and distinct law enforcement components: Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO), as well as three supporting divisions: Management & Program Administration, the Office of Principal Legal Advisor (OPLA), and the Office of Professional Responsibility (OPR).

HSI is the primary investigative arm of the Department of Homeland Security and consists of more than 10,300 employees assigned to 30 Special Agent in Charge (SAC) offices in the U.S. and 52 international offices (41 international sub-offices) across the world. HSI special agents investigate violations of more than 400 U.S. laws that threaten national security, including counter-proliferation, human smuggling and trafficking, weapons smuggling, narcotics smuggling and trafficking, document and benefit fraud, human rights violations, transnational gang activity, financial crimes, cyber crime, child exploitation, trade crimes, art theft, international cultural property and antiquities crimes, and visa security.

ERO is responsible for enforcing the nation's immigration laws and ensuring the departure of removable immigrants from the United States. ERO officers identify, arrest, and remove immigrants who violate U.S. immigration law. This includes the transportation and detention of immigrants in ICE custody, as well as the removal of immigrants to their country of origin. ERO maintains custodial facilities to detain people who are illegally present in the United States. In interior offices, ERO officers conduct targeted enforcement operations to apprehend aliens engaged in serious criminal activity. At border offices, ERO officers receive and detain undocumented immigrants apprehended by the United States Border Patrol.

ICE maintains domestic offices throughout the United States and detachments at major U.S. diplomatic missions overseas. ICE personnel do not patrol American borders; that role is performed by the Border Patrol. ERO and HSI operate as two independent law enforcement agencies with separate missions. While HSI focuses on disrupting transnational crime, ERO is responsible for the apprehension, detention, and removal of undocumented immigrants.

ICE was formed under the Homeland Security Act of 2002, following the events of September 11, 2001. The establishment of the Department of Homeland Security led to the combination and consolidation of the functions and jurisdictions of several border and revenue enforcement agencies into ICE. As a result, ICE became the largest investigative arm of the Department of Homeland Security and a contributor to the FBI's Joint Terrorism Task Force.

United States Citizenship and Immigration Services (USCIS)

The United States Citizenship and Immigration Services (USCIS) is a federal agency within the Department of Homeland Security (DHS) that is responsible for administering immigration benefits and services. It was formed on March 1, 2003, to enhance the security and efficiency of national immigration services by focusing exclusively on the administration of benefit applications.

USCIS oversees the process of lawful entry into the United States. Sponsoring family members or employers submit applications and documentation to USCIS, and individuals who are immigrating will also deal with USCIS officials. The agency conducts naturalization interviews and administers English and civics tests to would-be citizens, as well as conducting green card interviews.

USCIS also manages the e-verify system, which allows employers to determine whether their workers are documented and eligible to work in the United States. Some of the other tasks of USCIS include:

• Conducting naturalization ceremonies
• Conducting background checks of visa applicants
• Collecting biometric information from visa applicants
• Facilitating the process of foreign adoptions
• Checking employment eligibility of workers
• Processing refugee applications and granting asylum

USCIS is the federal agency that potential immigrants and immigration attorneys most frequently deal with.

Customs and Border Protection (CBP)

CBP is responsible for enforcing immigration and customs law at U.S. ports of entry, through border patrol and customs agents. This involves conducting inspections and determining who will be permitted to enter the country and who will be denied entry.

CBP, alongside USCIS and ICE, plays a crucial role in the complex U.S. immigration process, which involves multiple federal agencies that work together and independently to oversee the steps involved in visiting or immigrating to the United States.

The Department of State

• Issuing the monthly visa bulletin, which summarises the availability of immigrant numbers for the calendar month.
• Running the Diversity Visa Lottery (DV) to randomly select eligible individuals from six different geographic regions.
• Issuing immigrant and non-immigrant visas to foreign nationals seeking to enter the country temporarily or permanently.

It is important to note that while the Department of State administers the issuance of visas, customs officials at the border make the final decision on who is permitted to enter the country.

• United States Citizenship and Immigration Services (USCIS)
• Immigration and Customs Enforcement (ICE)
• Customs and Border Protection (CBP)
• Department of Homeland Security (DHS)
• Department of Justice (DOJ)
• Department of Labor

Each of these agencies has specific roles and responsibilities in administering immigration laws, conducting investigations, managing border security, and facilitating the process of immigration and naturalisation.

Frequently asked questions