Becoming a U.S. Citizen
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.
CAN ANYBODY RELATED TO A U.S. CITIZEN GET A GREEN CARD?
Not anybody, but if you're a U.S. citizen it's possible to get a green card for your- spouse
- unmarried children under twenty-one
- parents (if you are twenty-one or older)
The wait is usually longer for other relatives, who are given different orders of "preference." Married sons and daughters of citizens, for instance, have to wait about two or three years. For brothers and sisters, it's even longer -- at least nine years or more. Other relatives are basically out of luck, since U.S. citizens may not sponsor aunts, uncles, cousins, or grandparents for a green card. Citizens can petition for stepchildren and adopted children, but certain age and custody requirements may apply.
The waiting period also varies depending on what country the immigrant is from. Nationals of Mexico, India, and the Philippines face the longest waits, because they have "oversubscribed" in years past.
CAN THE RELATIVES OF LAWFUL PERMANENT RESIDENTS (GREEN CARD HOLDERS) GET A GREEN CARD?
Yes, but only spouses and unmarried children are eligible, and there's usually a wait of two to three years. Lawful permanent residents may not sponsor their parents, siblings, or married children. (But a lawful permanent resident who becomes a U.S. citizen may petition for such relatives.)
CAN A PERSON GET A GREEN CARD THROUGH HIS OR HER EMPLOYER?
Yes, but this visa is harder to get than a temporary nonimmigrant employment visa. Only 140,000 are available each year, and due to processing time and possible backlogs, it may take a year or longer to get one.Employment-based green cards are divided into "preferences," each with it own requirements and waiting periods. First preference goes to people deemed truly extraordinary in their field, such as Nobel Prize winners. These people may file a petition for a visa on their own behalf, without the need of an employer to "sponsor" them.
There's also no current wait for professionals and skilled workers who have a sponsoring employer in the U.S. However, the employer generally must get a certification from the U.S. Department of Labor that no U.S. citizen or lawful permanent resident is able or willing to do the job, and that hiring the alien won't hurt similar workers in the U.S. This can be a difficult, time-consuming process.
Workers who are not professionals and have less than two years of training or experience for a particular job have a long wait -- at least six years -- since only 10,000 visas a year are allocated to them. On the other hand, religious workers, such as ministers and monks, have no wait (unless they are from the Philippines, in which case they must wait about a year, because of the high number of applications from that country).
One of the most welcome groups are entrepreneurial aliens who establish new commercial enterprises, hire at least ten U.S. workers full-time, and invest a minimum of $1 million in the business (or $500,000 if the business is in a specially targeted rural or high unemployment area). They presently get their green cards with no backlog or waiting period.
CAN THE INS TAKE AWAY A PERSON'S GREEN CARD?
Yes. Under certain circumstances, the INS may confiscate the green card and deport the alien, who may be banned permanently from the U.S. or who may have to wait at least five years before applying for another green card or nonimmigrant visa.An alien can forfeit a green card in the following ways:
- By engaging in activities that are grounds for deportation. These include convictions for many felonies, terrorist activities, drug abuse, firearms violations, and smuggling aliens.
- By falling under one of the other grounds for exclusion when returning to the U.S. after a trip abroad.
- By becoming a public charge.
- By engaging in marriage fraud.
- More typically, by staying abroad too long -- usually more than a year. The INS assumes that such a person has abandoned permanent residency in the U.S.
WHAT RIGHTS DO LAWFUL PERMANENT RESIDENTS (GREEN CARD HOLDERS) HAVE?
They are entitled to many things. Some are granted by federal or state statutes, and some have been granted by court rulings or the U.S. Constitution. Among other things, lawful permanent residents are entitled to- freely seek employment (with the exception of a few jobs set aside exclusively for U.S. citizens for national security reasons)
- attend public school
- legal representation if prosecuted for a crime
- food stamps
- unemployment insurance
- Medicaid
- federal housing
WHAT RIGHTS DO UNDOCUMENTED ALIENS HAVE?
Their rights are more limited. Court rulings and federal law have granted undocumented aliens the right to- receive medicaid in case of emergency
- attend public school
- some welfare benefits
- legal representation if prosecuted for a crime
SO WHAT SETS U.S. CITIZENS APART
U.S. citizens enjoy a number of rights that aliens, no matter what their status, do not. For one thing, only a citizen can vote in national or state elections. And only citizens can rest assured they'll never be deported or excluded from the U.S., a risk that aliens always run. Also, aliens may not generally hold political office or become law enforcement officers.
CAN A GREEN CARD HOLDER BECOME A U.S. CITIZEN?
Yes, through a process called "naturalization." Generally, you need a green card before you can naturalize, and you must have lived in the U.S. for a specified number of years -- usually three years for those married to U.S. citizens and five years for other lawful permanent residents.In addition:
- You must be a person of good moral character, not a subversive, and not a member of the Communist Party.
- You must pass an English literacy test (though some exceptions are made for elderly people and people with disabilities).
- You must pass a test that shows you have a knowledge and understanding of the fundamentals of U.S. history and government.
DOES THE SPOUSE OF A U.S. CITIZEN AUTOMATICALLY BECOME A U.S. CITIZEN?
No. You can't become a U.S. citizen without first being a lawful permanent resident (green card holder) for three years, except in rare circumstances. You must also have been married at least three years, and must have lived in the U.S. for eighteen months of those three years.If you are a U.S. citizen, getting a green card for your foreign spouse is relatively easy, although it may take three to six months to complete the procedure. Also, it doesn't matter if your spouse is already in the U.S. (legally or illegally) or is living overseas. However, your foreign spouse will be granted only "conditional residence" if you have been married less than two years.
Conditional residence last for two years, during which an immigrant has the same rights, privileges, and obligations as any lawful permanent resident, including the freedom to travel abroad, work, and receive public benefits such as welfare.
To convert conditional residence into a permanent one, the couple must jointly file an application (Form I-751) during the last ninety days before the visa expires.
CAN CONDITIONAL RESIDENCE BE REVOKED?
Yes. The purpose of conditional residency for foreign spouses is to prevent "sham marriages" that are entered into solely for the purpose of getting a green card. Any payment of a fee to the American spouse is considered evidence of "bad faith" and fraud. If the INS suspects your marriage is a sham, it may investigate and call you in for an interview. (The INS also investigates couples at random.) The key question will be whether you live together as husband and wife as it is traditionally defined in our culture.Conditional residence can be revoked if the marriage is found to be a sham. The couple may also be subject to criminal prosecution and could be imprisoned for up to five years and fined as much as $250,000.
