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Defining potential barriers to citizenship
If you have the goal of becoming a U.S. citizen, then you likely know the many complexities inherent with the naturalization process. The last thing you want to have to worry about is how your actions in Texas may impact the potential of reaching your goal. A criminal conviction in particular may call that all into question.
Many facing such a dilemma come to us here at the Law Office of Jae Lee wondering whether having a criminal conviction on their records bars them from securing citizenship. If you share the same question, then understanding exactly which actions disqualify you from gaining citizenship may help you avoid any unnecessary stress and grief.
What actions bar one from becoming a citizen?
Per the U.S. Citizenship and Immigration Services, there are certain types of crime that may permanently bar you from becoming a citizen. These include murder, offenses that amount to aggravated felonies, or incidents of severe violations of religious freedoms (such as persecuting and/or torturing one due to their beliefs, or participating in acts of genocide).
Understanding conditional permanent residency
In the majority of cases, green cards are valid for 10 years before you must renew the document. However, there are some specific instances where you or a loved one may have what the U.S. government calls “conditional permanent residency.”
Conditional permanent residents have the same rights as a regular permanent resident. According to U.S. Citizenship and Immigration Services, persons who hold conditional permanent residencemust petition to removethe conditions.
Why does conditional permanent residency exist?
The majority of conditional permanent residents in the United States are spouses of U.S. citizens. If you have the rights to live in the U.S. through marriage, your first green card will be temporary. You will be eligible for permanent residency after the first two years.
Can you appeal a denied asylum application?
Seeking asylum in the United States is a stressful affair. After all, you have a lot riding on the decision. Seeing a denial on your asylum application can feel like the end of the world because of this.
Fortunately, that is not the case. Even if your asylum application gets denied, you still have avenues to pursue an appeal.
Appealing in stages
The U.S. Citizenship and Immigration Services discusses what you can do if your application got an unfavorable decision. You must approach your appeal in stages depending on the responses you get. For example, at the start, you will get a grant or denial from the asylum office. If eligible for an appeal after a denial, you will get a reference to an immigration court. Here, the Immigration Judge hears your case.
If the court denies your appeal, you can escalate to the Board of Immigration Appeals (BIA). You must do so within 30 days of an immigration court judge making their decision. Appeals to the BIA often happen entirely through paper. In-person appearances rarely happen. Note that it can take the BIA a year or even longer to render a decision on your case.
What are the basics of family-based immigration?
Once you settle in the United States and have everything in order to legally set up your life here, you will probably want to find out how to bring your family to the country. The U.S. does offer some options for family-based immigration because it believes family unification is important.
However, the American Immigration Council explains there are quite a few restrictions in place, and the process is not always easy.
The family preference system limit
As a legal permanent resident, you can bring family members to the U.S. through the family preference system. The system has a limit on the number of visas issued each year, so there is no guarantee that it will be a quick process.
The limit is in place to help keep control over the number of immigrants coming into the country based on family relationships. It helps to leave room for immigrants coming here for other reasons. You likely came here under another type of visa, and without the family limits, you may never have gotten your visa to come here in the first place.
How can I get a Green Card with refugee status?
Refugees are people that have been displaced from their countries of origin out of fear for their personal safety. According to the U.S. Citizenship and Immigration Services, refugees must seek out their Green Cards after being in the country for one year.
The process for seeking your Green Card as a refugee is complex. There are a lot of factors to consider, including the following. Having the right information ensures you are prepared and have the best chance of being approved for your Green Card.
How to determine eligibility
Green Cards render you a lawful permanent resident of this country. To be eligible, you must meet certain criteria. Along with being in the country for at least one year, you must also not have previously received a Green Card. Additionally, you must not have had a previous admission terminated, and you must be present in the country when you are filing the Green Card form, which is Form I-485.
What is a joint sponsor?
One of the most important requirements for the K-1 fiance visa is to meet the income requirements. In the case of the K-1 fiance visa, the “sponsor” for the visa is the American citizen spouse. In order for the U.S. government to give the non-American spouse a K-1 visa, the sponsor must prove that he or she has sufficient income.
In the event that the American sponsor does not have sufficient income for a K-1 fiance visa on his or her salary alone, he or she can either use additional assets (if available) or a joint sponsor. According to Rapid Visa, a joint sponsor is a third-party individual who agrees to sign an affidavit of support to help the sponsor qualify for a K-1 fiance visa.
Who can be our joint sponsor?
In order for a person to act as your joint sponsor, he or she must meet specific requirements. Your joint sponsor must be no younger than 18 years old. This person also needs to either be a US citizen or a permanent resident. This individual must also have a domicile in the United States and meet the minimum income requirement for the K-1 visa on his or her own.
Are you preparing to bring your intended to America?
You are no doubt excited about your coming marriage and bringing your fiancée to the U.S.
A K-1 nonimmigrant visa will allow your fiancée to travel to the United States, but what happens then?
Filing Form I-129F
As a U.S. citizen, you are the petitioner who must file Form I-129F, the Petition for Alien Fiancée, with the United States Citizenship and Immigration Services. You must show that you and your intended are free to marry and that the marriage will take place within 90 days of her admission to the U.S. as a K-1 nonimmigrant. As part of the Form I-129F process, the USCIS will perform background checks on both you and your fiancée. The Department of State will notify you when she may apply for the K-1 visa.
Working with the DOS
The DOS will also perform a background check on your fiancée. When it is time for her visa interview, she must show proof of a medical examination along with proof of her relationship with you. Once approved, the DOS will issue a K-1 visa that will be valid for six months. Remember that this nonimmigrant visa will only permit your fiancée to travel to a U.S. port of entry. It does not guarantee admittance to the country. However, if all goes well, she will enter, and you can go on with your wedding plans.
Processes involved in obtaining green cards
A green card is a document that grants you lawful permanent residence status in the United States. It gives you the right to live here on an ongoing basis. It also gives you the authorization you need to find and keep a job in the U.S.
There are several different categories of green cards. Based on your situation, there are also different processes involved in obtaining them. The process you go through depends partly on whether you are already in the United States or if you wish to come to the U.S. but are currently still in your own country.
Adjustment of status
If you are already present in the United States, you may be able to obtain a green card through an adjustment of status. According to U.S. Citizenship and Immigration Services, this saves you the inconvenience of having to return to your home country to complete the processing of your visa. However, you have to meet the eligibility requirements. Adjustment of status may be available to you if you belong to a certain immigration category, such as an international student or a temporary visitor.
Can the state revoke my provisional unlawful presence waiver?
Hopeful US citizens in Texas can jeopardize the immigration process by unlawfully entering or residing within US borders. Many residents who would be otherwise eligible for family-based immigration can disqualify themselves by remaining in the US without a visa.
Thankfully, getting a provisional unlawful presence waiver from US Customs and Immigration Services may reinstate your eligibility if you are an undocumented immigrant with immediate relatives who are US citizens.
Revocations
Provisional unlawful presence waivers are not permanent, and the government may revoke your waiver in some cases. But if you are facing a waiver revocation, you may have recourse to get the waiver reinstated.
The government will automatically revoke your waiver in certain circumstances. The DOS may end your immigrant visa application process at any time, and the USCIS retains the right to revoke your underlying approved immigrant visa petition.
Can you have your citizenship revoked?
If gaining U.S. citizenship is your goal, then you likely understand the time and extensive effort required to secure such a benefit. Thus, you probably look forward to being able to relax somewhat in Plano once the process ends. After all, once you are a naturalized citizen, it is impossible to take your citizenship away, right?
That may not necessarily be true. Indeed, according to information shared byU.S. Citizenship and Immigration Services, there are grounds for having your citizenship revoked. You may think this only occurs in extreme scenarios, yet that is not the case.
Securing citizenship illegally
Some of the grounds for revocation may seem fairly obvious. For example, if you failed to meet the eligibility requirements for citizenship in the first place (yet failed to disclose this fact), you may have your citizenship revoked. Indeed, a failure to share pertinent information in your application for citizenship can merit revocation if the following occurs:
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