Understanding Immigration

A Comprehensive Guide to Immigration and Citizenship

Immigrating to a new country and obtaining citizenship is a complex process full of legal procedures, paperwork, and wait times. This definitive guide breaks down everything you need to know about U.S. immigration and citizenship.

What is the Difference Between Immigration and Citizenship?

Immigration refers to the process of moving permanently to a new country. Citizenship is the legal status of being an official member of a country and having the rights and privileges that come with it.

You can immigrate to the U.S. and obtain permanent resident status without becoming a citizen. Many immigrants live and work in the U.S. for years on green cards before naturalizing.

Citizenship is obtained through birth in the U.S. or through the naturalization process after immigrating. Naturalized citizens enjoy full rights like voting and holding public office.

A Brief History of U.S. Immigration

The United States is a nation of immigrants. Throughout its history, waves of immigrants from different countries came here seeking better economic opportunities and freedoms.

Some key events in U.S. immigration history include:

– **Colonial Era:** Immigrants from England, Spain, France settled American colonies in the 1600s-1700s.

– **Westward Expansion:** Pioneers traveled westward establishing settlements in the 1800s.

– **Industrialization:** Immigration surged in the late 1800s with immigrants seeking jobs in agriculture, factories, railroads, mines. Ellis Island opened in 1892 to screen new arrivals.

– **World Wars:** Immigration dropped during WWI and WWII then spiked afterwards. The War Brides Act enabled foreign-born wives of U.S. soldiers to immigrate.

– **1965 Immigration Act:** This abolished national origins quotas, leading to dramatic increase in immigration from Asia, Africa, Latin America.

– **Refugee Crises:** Cubans fleeing Castro, Vietnamese after the Vietnam War, others fleeing conflict/persecution were granted asylum.

– **Modern Era:** Over 1 million immigrants continue arriving legally each year, mainly through family reunification. [Link to stats]

Current U.S. Immigration Laws and Policy

U.S. immigration laws determine who can immigrate here, how to obtain legal status, and reasons for deportation. The main law is the *Immigration and Nationality Act* (INA) which has been amended many times.

Some key government agencies overseeing immigration include:

– **Department of Homeland Security (DHS):** Oversees immigration enforcement, border security, preventing terrorism. Contains Immigration and Customs Enforcement (ICE).

– **U.S. Citizenship and Immigration Services (USCIS):** Handles visas, green cards, naturalization. Runs the E-Verify program.

– **Department of State:** Manages visa allotment, U.S. embassies abroad.

– **Department of Labor:** Oversees employment-based visas and worker rights.

– **Department of Justice:** Runs immigration courts through the Executive Office for Immigration Review (EOIR).

Recent major immigration reforms include:

– **Illegal Immigration Reform and Immigrant Responsibility Act of 1996:** Increased enforcement, penalties for illegal entry. Established the 287(g) program allowing local law enforcement to act as immigration agents.

– **REAL ID Act of 2005:** Set federal standards for state driver’s licenses and ID cards. Required proof of legal immigration status to obtain them.

– **Border Fence Act of 2006:** Led to building 700+ miles of fencing along the U.S.-Mexico border.

– **ACA Immigration Provisions:** Allowed certain immigrants to buy health insurance on the exchanges.

Controversial immigration issues regularly debated in Congress include border security, unauthorized immigration, work visas, and paths to citizenship.

Jurisdiction Over Immigration Matters

Jurisdiction refers to the legal authority of a court or agency to hear and make decisions about a case. Understanding jurisdiction helps you know where to file paperwork and appeal decisions.

For immigration matters, key jurisdictional differences include:

– **Removal proceedings** occur in immigration courts, overseen by the DOJ’s Executive Office for Immigration Review.

– **Visa applications** get decided by consular officials abroad and USCIS officers in the U.S.

– **Asylum claims** are heard by USCIS asylum officers and immigration judges.

– **Federal courts** handle challenges to immigration laws and citizenship issues.

– **State and local courts** may hear cases about immigrant rights, employment disputes, immigrant crimes.

Jurisdictional complexities arise when more than one agency is involved. Hiring an immigration attorney can help navigate jurisdictional differences.

Immigration Policy and Law Around the World

The U.S. is far from alone in grappling with immigration policy. Here’s a quick look at some other countries’ laws:

– **Canada** uses a merit-based system awarding points for skills, education, language. About 250,000-300,000 immigrants arrive annually.

– **Britain** has a points-based system similar to Canada’s. Net immigration is about 250,000 per year. Brexit has shaped recent policy.

– **France** historically embraced immigration for labor needs. Recent rise in nationalism has led to more anti-immigration sentiment.

– **Germany** is the second most popular migration destination after the U.S. Over 1 million refugees arrived during 2015 Syrian refugee crisis.

– **Australia** detains maritime arrivals in offshore centers. Their points system favors English skills, education, sponsorships.

– **Japan** has traditionally been anti-immigration despite aging workforce. Recently started accepting more skilled foreign workers.

– **South Africa** attracts immigrants from across Africa. Has had xenophobic violence against immigrants.

Clearly immigration affects almost every country in the modern age of globalization. Policy disputes over border security, refugee ceilings, enforcement are universal too.

Types of U.S. Visas for Temporary & Permanent Immigration

Immigrating to America starts with obtaining the appropriate U.S. visa. The two main categories are temporary nonimmigrant visas and permanent immigrant visas.

Nonimmigrant Visas

Nonimmigrant visas are for temporary stays in the U.S. like tourism, business, work, or studying. Some common types include:

**Tourist visa (B-1/B-2):** For short-term leisure or business trips. You cannot work in the U.S. with this visa.

**Student visa (F-1):** For full-time academic students enrolled in college, university, or other academic institutions.

**Exchange visitor visa (J-1):** For various cultural exchange programs like au pairs, summer work travel, interns, or professors/researchers.

**Work visa (H-1B):** For specialty occupations and college-educated workers. The annual cap is 85,000 (with exceptions).

**Temporary worker visa (H-2A/B):** For seasonal agricultural laborers (H-2A) or temporary/seasonal non-agricultural workers (H-2B).

**Business/investor visas (E-1/E-2):** For foreign nationals doing substantial trade/investing activities between the U.S. and their home country.

**Fiancé visa (K-1):** For foreign fiancés of U.S. citizens to enter the country and get married within 90 days.

In FY 2021, over 5.5 million nonimmigrant visas were issued.

Immigrant Visas

Immigrant visas lead to lawful permanent resident status (green card holder) and live/work in the U.S. indefinitely. Common types:

– **Family-sponsored:** For immediate relatives of U.S. citizens or other family members. No annual cap.

– **Employment-based:** For workers with exceptional, professional, or specialized skills. Annual cap of 140,000.

– **Diversity visa:** 55,000 visas awarded by annual lottery to applicants from underrepresented countries.

– **Refugees/asylees:** For those fleeing persecution based on race, religion, nationality, politics, or social group. Annual presidential determination.

Over 566,000 immigrant visas were issued in FY 2021. Top countries were Mexico, China, India.

How to Immigrate Through Family Sponsorship

Many immigrants gain lawful permanent residence each year through family relationships. Here are some common family-based green card scenarios:

– **Spouses of U.S. citizens:** Immediate relative classification with no waiting period. Must prove bona fide marriage.

– **Children under 21 of U.S. citizens:** Also immediate relatives. Stepchildren allowed if the marriage occurred before age 18.

– **Parents of adult U.S citizens:** Preference category with waiting times up to 10+ years depending on country.

– **Unmarried adult children of citizens:** Preference category with shorter waits than siblings.

– **Married adult children of citizens:** 3rd preference category with longer waits.

– **Siblings of citizens:** 4th preference with very long waits, especially from Mexico/Philippines.

Family sponsors must prove they can financially support the relative to prevent them from becoming a public charge.

Common hurdles include getting documents from foreign countries, complex forms, and managing long wait times. Hiring an immigration attorney is recommended to avoid mistakes.

Gaining Citizenship Through Naturalization

Naturalization is the process by which an immigrant obtains U.S. citizenship after meeting requirements like time as a permanent resident, residency in a state, and passing tests.

Here are the steps:

1. **Establish Eligibility:** Must be 18+, permanent resident for 3-5 continuous years, demonstrate good moral character.

2. **Complete Form N-400:** Application for Naturalization with fee of $640.

3. **Get Fingerprinted:** Background checks done by USCIS.

4. **Civics & English Test:** Oral test proving basic English proficiency and knowledge of U.S. history/government.

5. **Naturalization Interview:** Meeting with a USCIS officer reviewing your application.

6. **Oath Ceremony:** The final step where you swear allegiance to the U.S. and receive naturalization certificate.

In FY 2021, over 808,000 immigrants became new U.S. citizens through naturalization.

Benefits of Citizenship

Naturalized citizens enjoy all the same rights and privileges as U.S. born citizens:

– Obtain a U.S. passport and live abroad without jeopardizing residency
– Sponsor foreign relatives to immigrate
– Eligibility for federal jobs requiring security clearance
– Full voting rights and ability to run for public office
– Protection abroad by the U.S. government
– Ability to apply for Social Security, Medicare, disability, and welfare benefits

Grounds for Removal and Deportation Proceedings

Immigrants residing in the U.S. can lose their visa or permanent resident status if they violate immigration laws or are convicted of certain crimes.

Common grounds for removal include:

– Illegal entry into the U.S.

– Immigration fraud like sham marriages

– Failure to maintain status like overstaying a visa

– Document fraud or making false statements

– Gang activity or criminal convictions

– National security or terrorist concerns

– Public charge rule violations

Removal proceedings involve appearing before an immigration judge and defending against the removal charges. Outcomes can include termination of proceedings, relief/cancellation of removal, voluntary departure, or deportation.

Detained immigrants have the right to apply for asylum or “withholding of removal” if they fear persecution in their home country.

Understanding Asylum and Refugees

Asylum is protection granted by the U.S. government to immigrants unable to safely return to their home country because they have suffered persecution or fear future persecution based on:

– Race
– Religion
– Nationality
– Membership in a particular social group
– Political opinion

Asylum seekers must demonstrate that their home government is unwilling or unable to protect them from such persecution.

Similar humanitarian protections are given to refugees abroad who gain permission to immigrate to the U.S.

The asylum process involves:

– Passing a credible fear screening after arriving in the U.S.
– Filing Form I-589 application within 1 year (some exceptions)
– Interview with an asylum officer
– Hearing before an immigration judge if application is denied

Thousands seek asylum annually based on dangers in countries like China, Venezuela, El Salvador. Only about 30% of applicants are granted asylum by judges.

Immigration and National Security

Immigration policy and enforcement are heavily shaped by national security concerns, especially in the post-9/11 era.

Some examples include:

– Creating the Department of Homeland Security in 2002 by consolidating immigration agencies under one umbrella.

– Increased border security funding and barriers – U.S. spent $332 billion on immigration enforcement from FY 2003-FY 2018.

– Biometric entry-exit system to collect fingerprints and photos and better track visa overstays.

– Strengthened visa vetting through database screening and interviews. All visa applicants now interviewed.

– Restrictions on asylum seekers from countries designated as state sponsors of terrorism.

– Increased ICE arrests and deportations of non-citizens suspected of terrorism links.

Critics argue some policies go too far violating civil liberties. Supporters contend they are necessary to protect Americans. It remains a complex balancing act.

Discrimination and Immigrant Rights

America’s history is sadly filled with periods of harsh discrimination against new immigrant groups. Bias and xenophobia remain real issues today.

Types of discrimination immigrants may still face include:

– **Employment discrimination** – Hiring bias, unsafe working conditions, wage theft from undocumented workers afraid to complain.

– **Housing discrimination** – Refusing to rent to immigrants, excluding non-English speakers, selective lease terms.

– **Racial profiling** – Singling out people based on race/ethnicity stereotypes rather than factual evidence of wrongdoing. This includes disproportionate traffic stops of immigrants.

– **Hate crimes** – Physical or verbal attacks targeting immigrants out of bias against their nationality, ethnicity, or legal status.

– **Exclusion from benefits** – Attempts to restrict immigrant access to healthcare, drivers licenses, education.

Civil rights laws prohibit discrimination based on national origin or immigration status. But lawsuits and advocacy are still needed to fully protect immigrant rights.

The Role of Immigration Attorneys

Immigration law is incredibly complex. Hiring an attorney is highly recommended to avoid denial or deportation. Immigration lawyers help with:

– Selecting the right visa or green card pathway
– Completing forms and gathering documents
– Representing clients in interviews with immigration officials
– Helping prove eligibility for relief from removal
– Appealing denied applications or deportation orders
– Pursuing lawsuits over visa denials or discrimination

Look for immigration lawyers who are board-certified, accredited by the Department of Justice, and members of the American Immigration Lawyers Association. Avoid “notarios” who engage in fraud.

Finding affordable representation through legal aid organizations may be possible for low-income applicants or asylum seekers. But most will need to pay normal attorney fees that can range from $2,000-$10,000+ depending on the case complexity. For many, the lawyer’s assistance is vital to achieving their immigration goals.

Immigration Reform Debate and Public Opinion

Immigration remains one of America’s most contentious policy issues. Debate rages between views like:

– Support for more robust border security and enforcement vs. calls for compassion and creating paths to legal status.

– Praise for immigrants’ economic and cultural contributions vs. claims they are a drain on society.

– Desire for talented foreign workers to fill shortages vs. concerns they displace American jobs.

– Accepting America’s identity as a melting pot vs. anti-immigrant nationalism.

Polling shows most Americans support:

– Strengthening border security and enforcement
– Allowing DACA recipients and other childhood arrivals to gain legal status
– Increasing visas for highly skilled tech workers
– Accepting refugees from war-torn regions after proper vetting

But sharp partisan divides remain over issues like expanding physical barriers, eliminating immigrant detention, and offering citizenship to all undocumented immigrants in the U.S.

Achieving comprehensive immigration reform requires bridging the gap between these opposing perspectives – a challenging task in such politically polarized times.

Key Takeaways:

– Immigration means permanently moving to a new country while citizenship confers full legal membership.
– U.S. immigration policy is set by the Immigration and Nationality Act and agencies like DHS and USCIS.
– Nonimmigrant visas are temporary while immigrant visas lead to permanent resident status.
– Naturalization allows immigrants to become U.S. citizens after meeting eligibility requirements.
– Grounds for removal include immigration violations, criminal convictions, security concerns.
– Immigration attorneys help clients through the complex laws and procedures.
– Reform debates center on issues like borders, undocumented immigrants, enforcement vs. compassion.

Frequently Asked Questions

How long does it take to get a green card through family?

Wait times vary greatly based on your family relationship and country of origin. Spouses of U.S. citizens can get green cards in under a year. Siblings from Mexico may wait 15-20+ years. Check the Visa Bulletin for current estimates.

Can I come to the U.S. on a tourist visa and get a green card?

No, you cannot immigrate on a tourist visa. Misrepresenting your intentions is considered immigration fraud. You must apply for the appropriate immigrant visa abroad and get approved before immigrating.

How much does it cost to apply for U.S. citizenship?

The total costs are around $725 including the $640 naturalization application fee and $85 for biometrics. Legal fees and classes to prepare for the civics test cost extra. Partial fee waivers are available based on income.

### What crimes make immigrants deportable?

Many crimes like murder, rape, trafficking, robbery, and fraud are deportable offenses. Even some misdemeanors like DUI can make you deportable depending on the specifics. An immigration attorney can advise on criminal liability.

Frequently Asked Questions

What is the process to immigrate to the US?

To immigrate to the US, you must first determine your eligibility and then follow the appropriate application process. This typically involves submitting an application, completing an interview, and providing supporting documentation.

What is the timeline for the U.S. citizenship process?

The timeline for the U.S. citizenship process can vary depending on a number of factors, such as the type of visa you are applying for and the backlog of applications. Generally, the process can take anywhere from several months to several years.

What are the 3 primary pathways for immigration to the US?

The three primary pathways for immigration to the US are family-based, employment-based, and humanitarian-based. Family-based immigration allows US citizens and lawful permanent residents to sponsor family members for immigration. Employment-based immigration is available to individuals with job offers in the US. Humanitarian-based immigration is available to individuals who are fleeing persecution or other dangerous situations in their home countries.

How many steps are in the immigration process?

The immigration process can involve several steps, including submitting an application, attending an interview, and providing supporting documentation. The number of steps can vary depending on the type of visa you are applying for and other factors.

What are the common immigration forms and applications?

Some of the most common immigration forms and applications include the I-130 Petition for Alien Relative, the I-485 Application to Register Permanent Residence or Adjust Status, and the N-400 Application for Naturalization. These forms and applications are used for different purposes, such as sponsoring a family member for immigration or applying for US citizenship.

What are the requirements for the Green Card application form?

The requirements for the Green Card application form can vary depending on the type of Green Card you are applying for. Generally, you will need to provide proof of your identity, your immigration status, and your eligibility for the Green Card. You may also need to provide supporting documentation, such as a birth certificate or marriage certificate.