Immigration

US Immigration 101: How the System Actually Works (And Why It Feels So Hard Right Now)

Introduction: The "Black Box" of Immigration

Most people think US immigration is just a line you stand in. You submit a form, wait your turn, and get a result. But recently, you might feel like the rules are changing while you are still standing in line. As an attorney, my job isn't just to file forms; it's to help you see inside the "Black Box." Today, let's go back to basics. We will explain the foundation of the law, why "discretion" matters, and the new reality of social media vetting.

1. The Foundation: The "House" vs. The "Landlord"

To understand US immigration, you need to understand the difference between the Law and the Policy.

• The "House" (The INA): The foundation is the Immigration and Nationality Act (INA) created by Congress. This is the law. It sets the hard rules (like "H-1B cap is 85,000" or "Spouses of citizens get green cards"). Changing this is very hard—it’s like renovating a house’s foundation.

• The "Landlord" ( The Executive Branch/USCIS): The President and agencies (USCIS, Dept. of State) manage the house. They cannot change the foundation (the Law), but they can change the House Rules (Policy).

  • Example: The Law says "You must be a person of extraordinary ability." The Policy decides how strict the officer should be when checking your "ability."

  • Current Trend: The "Landlord" is becoming much stricter. They are using their power to increase scrutiny without needing to change the actual laws.

2. The Shift in Scrutiny: "Benefit of the Doubt" is Gone

In the past, if a small detail was missing, an officer might give you the "benefit of the doubt." Today, the culture at USCIS has shifted to "Burden of Proof."

• What this means for you: The officer is trained to be skeptical. If your application says you are a "Manager," they won't just believe your title. They want to see your org chart, your emails, and your pay stubs.

• The "National Security" Lens: Every application is now viewed through a security lens. This doesn't just mean "anti-terrorism"; it means protecting US technology and labor markets. This is why STEM fields are scrutinized heavily—they want the talent, but they fear the IP theft.

3. The New Frontier: Social Media Vetting

This is the number one question I get asked: "Will they really check my WeChat or Instagram?" The short answer is: Yes.

• The Policy: The Department of State (DOS) now requires almost all visa applicants (DS-160/DS-260) to list social media handles used in the last 5 years.

• What are they looking for? It is rarely about political opinions. They are looking for Inconsistencies and Intent.

  • The "Intent" Trap: You apply for a Tourist Visa (B1/B2) which requires you to return home. But on social media, you posted: "So excited to move to America forever!" Result: Denial for Immigrant Intent.

  • The "Status" Trap: You claim to be single on your application, but your Facebook has photos of your wedding. Result: Denial for Fraud.

  • The "Work" Trap: You are on a student visa (F-1) but are running a "Daigou" (reselling) business on WeChat. Result: Unauthorized Employment.

Conclusion: Education is Your Best Defense

The US immigration system is not broken, but it is strict. The "Invisible Wall" of scrutiny is real. However, knowledge is power. When you understand that officers are looking for consistency and proof, you can prepare a case that is "audit-proof."

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