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What are the benefits of U.S. citizenship?
Once you have been a lawful permanent resident of the United States for at least five years, you may be eligible to take the next step to become a citizen of the United States through the process of naturalization. Applying for citizenship is a significant step that carries with it certain responsibilities. Your application indicates that you are willing to commit to fulfilling your obligations to the best of your ability.
According to U.S. Citizenship and Immigration Services, obtaining citizenship allows you to do things that you would not be able to do as an LPR. To aid in decision-making about your status, here are some of the benefits of becoming a U.S. citizen.
1. Residency
If you are a citizen of the United States, no one can force you to leave. You have the right to remain in the U.S. under any circumstances.
What is the affidavit of support?
U.S. immigration policy generally expects immigrants not to become public charges when they arrive in the country. Therefore, before approving an individual’s green card application, the U.S. Citizenship and Immigration Services often requires the sponsor to submitan affidavit of support.
The affidavit of support is a legally binding contract that requires the sponsor to provide adequate financial support to the green card recipient. If you are thinking about executing an affidavit of support, you should understand your legal responsibilities.
Do you qualify?
If you intend to sponsor a family member for legal permanent residency, you likely must execute an affidavit of support. To do so, though, your income must be at least 125% ofthe federal poverty guidelines. If you do not meet this threshold, you may need to find a joint sponsor who can file a separate affidavit of support on your immigrant relative’s behalf.
Understanding the decision of your N-400 form
Applying for U.S. citizenship is both exciting and time-consuming. Your effort to be vigilant may prevent the disappointment that comes when you overlook critical details throughout the application process.
One portion of the application process requires you to fill out and submit an N-400 form. Once received by the USCIS, you will receive correspondence notifying you of their decision.
The purpose of an N-400 form
An N-400 form identifies general information about your past including where you were born, the names of your parents and the citizenship status of close relatives among other things. It is a comprehensive document that requires your full attention to verify its accurate completion. In conjunction with your completed application, you must submit all applicable documentation to support the information you claim on your N-400 form.
Family hopes caretaker status will stop pending deportation
Anyone in Plano who has had to try and navigate the waters of the immigration process may know exactly how complicated that process can be. Fortunately, when one has a family member that is either a U.S. citizen or a legal permanent resident, they often have a leg up on attaining legal immigration status.
That may not always be the case, however. Alleged immigration law violations committed by those with family members in the U.S. might still make them subject to deportation. It is in such a scenario where they may have to rely on other provisions that support their residency status.
Father fights to stay in the country
The legal team for a New Jersey resident currently facing deportation hopes just such a provision will allow him to stay in the country. According to reports, the man sought asylum after arriving from his native India, yet did not gain approval. He remained in the U.S., however, with his wife and two daughters (all of whom are U.S. citizens) up until federal immigration authorities recently detained him. Yet one of his daughters suffers from permanent disabilities and requires around-the-clock care. This has prompted his attorney to point out that his deportation would cause an undue hardship on his wife by leaving her to care for the girl alone. He currently sits in an immigration detention facility awaiting a ruling on his case.
How do you avoid immigration scams?
On one hand, it could be a good idea to contact multiple people when deciding how to proceed with your immigration case. On the other hand, this could open you up to being the victim of a scam.
It is not always easy to identify whether someone who offers to help you with your immigration process is legitimate. To make matters worse, the American Bar Association has observed that notario fraud —immigration scams, in other words —is on the rise.
Be skeptical
Perhaps the best thing you could do to avoid scams would be to maintain skepticism about any claims of future success. Of course, you should maintain hope — but it would typically be unwise to let it distract you from the reality of the situation.
Coming the U.S., everyone applying for a given type of visa has to follow the same procedures. Immigration is a highly bureaucratic process subject to the intense scrutiny of multiple agencies. Because there are rules for virtually every situation, there are no exceptions to these rules.
Employment authorization for H-1B dependents
The United States provides many types of visas to foreign nationals. Some of these visas allow non-U.S. citizens to live and work legally in America.
When a person from another country wishes to have a family member from their home country join them in the U.S., the family member may also wish to work in the U.S.
H-1B visas for select occupations
As explained by the United States Citizenship and Immigration Services, people who have at least an undergraduate degree in specific fields may apply for and receive an H-1B visa, granting them the right to live and work in the U.S. Some of the recipients of H-1B visas may work in research or defense fields.
H-4 dependents and the Form I-765
A dependent spouse of a person with a valid H-1B visa may qualify to apply for the right to work in the United States. To do this, the applicant must complete and submit the Application for Employment Authorization, referred to as the Form I-765 by the U.S. ICE office. When requesting approval to work in the U.S. via a Form I-765, a person may also request that they be granted a Social Security number. The I-765 applicant’s relative with the H-1B visa may have been received an approved I-140.
What is a spouse visa?
A spouse visa, also known as a K-3 visa, allows a person who has married a U.S. citizen to enter the United States while awaiting immigration approval. If you are a U.S. citizen married someone in another country who is not an American citizen, he or she can apply for the K-3 visa to shorten the time you must live apart.
Explore the steps toget a K-3 nonimmigrant visafor your spouse.
File petitions
As the U.S. citizen, you should file Form I-130, Petition for Alien Relative, with your local U.S. Citizenship and Immigration Services office. Once you receive a receipt from USCIS (Form I-797), file Form I-129, Petition for Alien Fiancé(e). The USCIS forwards both approved petitions to the National Visa Center.
Filing an appeal to get a green card
Green cards provide cardholders with a range of helpful benefits while they await naturalization and continue the process of working toward citizenship in the United States. A person’s application risks denial depending on his or her circumstances and the evidence they submit with their application.
People who receive correspondence notifying them of the denial of their application, have the right to file an appeal to dispute the decision.
Reopen vs. reconsider
According to the U.S. Citizenship and Immigration Services, people may request a reconsideration if they feel or have evidence that information on their application was misunderstood and led to an inaccurate or incorrect decision. A reconsideration is also an option if evidence suggests that immigration law was improperly applied to a person’s case.
What are some of the requirements to become a U.S. citizen?
To apply to become a naturalized U.S. citizen, you must be at least 18 years of age. You also need to have had a valid Permanent Resident Card, typically referred to as a Green Card, for at least five years before applying. There are no age requirements for Green Card eligibility.
To apply for a Green Card, you must show how you qualify to work or reside in the U.S. If you married a U.S. citizen in your home country, you may qualify to receive a Green Card. You may also receive a Green Card if a U.S. citizen adopted you before you turned 16.
When can the citizenship application process begin?
If unmarried, and one of your parents or stepparents is a U.S. citizen, you could apply for a Green Card while under the age of 21. After you turn 21, however, you may wish to consider applying for U.S. citizenship. The benefits of becoming a citizen include voting, running for public office and applying for a job with the federal government.
Seeking a deportation suspension
Most aspects of immigration law invoke hope and excitement in those involved with it; one area, however, can conjure up feelings of despair. This is due to the fact that while one works throughthe immigration process, the threat of deportation may be ever-present.
People in Plano dealing with immigration issues typically understand what they need to do to avoid the threat of deportation: stay out of trouble with the law. Indeed, according to information shared by theU.S. Immigration and Customs Enforcementoffice, of the almost 63,000 removal actions undertaken through the first quarter if 2019, over 40,300 involved some sort of criminal charge. However, that still leaves almost 20,000 removal cases due to some other immigration violation.
From our offices in Dallas and Plano, Texas, we serve clients throughout the surrounding areas including Fort Worth, Irving, Arlington, Farmers Branch, Frisco, Carrollton, Garland, Addison, Richardson, Allen, Murphy, Wylie, McKinney, Dallas County, Collin County, Denton County, and all of Northeastern Texas.
Results listed are not a guarantee or indication of future case results.
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