Justia Legal Resources: Immigration Law Center

People around the world aspire to live the American Dream. However, a maze of laws and regulations can make their path arduous. The Immigration Law Center provided by Justia aims to explain some of the key rules.

Approximate Read Time: 5 Minutes

Foreign nationals flow into the United States for a vast range of reasons. Some join their family members, while others advance their education or careers. They may plan to stay for a limited period before returning home, or they may want to get a “green card” and become a permanent resident. Many foreign nationals eventually become U.S. citizens with all the rights that this confers. Getting here is not always easy, though. Most people find immigration laws opaque and labyrinthine. The Immigration Law Center at Justia can help cut through the complexities. Here are some common questions to which it provides basic answers.

How Can a Foreign National Become a U.S. Citizen?

A foreign national generally may become a U.S. citizen after they have been a permanent resident for at least five years if they meet other eligibility requirements. (A foreign national spouse of a U.S. citizen may be able to gain citizenship after three years as a permanent resident.) Further requirements include having good moral character, being able to read, write, and speak English, and having a general understanding of U.S. history and government.

What Are Some Reasons To Become a U.S. Citizen?

One of the main reasons to become a U.S. citizen is that immigration laws, such as grounds for removing a non-citizen, will no longer apply to the former foreign national. They also will be able to vote and pursue certain government jobs, as well as public office. They can travel abroad for any length of time or even live in a foreign country. A broader range of public benefits becomes available if a need arises. Also, U.S. citizens can bring more family members to the U.S., or bring certain immediate relatives more efficiently.

Which Family Members Can I Bring to the U.S.?

If you are a U.S. citizen, you can potentially bring your spouse and children to the U.S. You can also bring your parents and siblings if you are at least 21. Spouses and unmarried children under 21 can come to the U.S. without a waiting period, as can parents of U.S. citizens who are 21 or older. If you have a green card, family immigration rules allow you to bring your spouse and unmarried children to the U.S. You cannot bring parents, siblings, or married children.

Can I Marry My Foreign National Fiance in the U.S.?

If you are a U.S. citizen, you can apply for a K-1 visa to bring your fiance to the U.S. so that you can get married here. You generally must have had an in-person meeting with your fiance within the last two years. Some exceptions may apply, such as when cultural practices do not allow a couple to meet in person before marriage. Once your fiance enters the U.S., you have 90 days to marry them. Your new spouse then can apply for a green card.

Can I Get a Green Card Based on My Work?

While most work visas provide only for temporary residence, certain visas allow qualifying foreign nationals to get a green card based on their work. For example, EB-1 visas are available to people who have extraordinary ability in their field, as well as outstanding professors and researchers and multinational executives and managers. An EB-2 visa may provide an opportunity to a foreign national with an advanced degree or an exceptional ability in science, the arts, or business. More broadly, professionals and certain skilled or unskilled workers might pursue an EB-3 visa, although this tends to involve a longer wait.

How Can a Foreign National Student Come to the U.S.?

Three different types of visas may be available for foreign nationals seeking to come to the U.S. for reasons related to education. An F visa is designed for a student seeking to attend a university, college, high school, or other academic institution. On the other hand, an M visa is designed for someone who wants to attend a vocational or other non-academic institution. Finally, the J visa is designed for foreign nationals who want to participate in an educational or cultural exchange.

What Do I Need To Do if I Just Want To Visit the U.S. as a Tourist?

The B-2 visa is available to foreign nationals coming to the U.S. for tourism, or for similar purposes like visiting family. It lasts for up to six months and does not require anyone in the U.S. to sponsor the foreign national. Meanwhile, foreign nationals from certain countries can stay in the U.S. for up to 90 days without a formal visitor visa. A stay under this visa waiver program generally cannot be extended, while a B-2 visa may be extended.

Who Can Get Asylum in the U.S.?

Asylum is available to foreign nationals who are “refugees” as defined by the Immigration and Nationality Act. This means that they have left their country because of persecution or a reasonable fear of persecution based on their race, religion, nationality, political affiliation, or membership in a particular social group. The persecution must be perpetrated by the foreign government or an entity that the government cannot control. A foreign national can pursue asylum either if they are already in the U.S. or if they are seeking admission at a port of entry.

Why Might a Foreign National Face Removal From the U.S.?

An immigration violation, such as staying after a visa expires or entering without a proper status, might result in removal proceedings. A false claim of citizenship also may trigger this process. Another common reason for removal is a criminal conviction. The main types of convictions that could result in deportation are aggravated felonies and crimes involving moral turpitude. Determining whether a crime fits into the latter category consists of analyzing the language of the law rather than the specific conduct in which the foreign national engaged.

How Does a Foreign National Qualify for Cancellation of Removal?

The path to cancellation of removal, a form of immigration relief in removal proceedings, depends on whether the foreign national has a green card. A green card holder may be eligible if they have held legal permanent resident status for at least five years and have lived in the U.S. for at least seven continuous years since being admitted. A foreign national without a green card must have lived in the U.S. for at least 10 continuous years, and they must be able to show that their removal would cause an exceptional hardship to a spouse, parent, or child who is a U.S. citizen or a green card holder. (Further requirements apply to each group.)

Final Thoughts

Anyone strongly considering coming to the U.S., whether temporarily or permanently, should consult an immigration lawyer who can explain the full scope of their options and the required procedures. Before digging into the details, though, a foreign national may benefit from scanning an overview of how the system works. This is where the free content in the Immigration Law Center can help. Like the other Justia Legal Guides, it aims to make the law transparent and accessible to all.

• Justia Legal Resources: Home Ownership Legal Center
• Justia Legal Resources: Child Custody and Support Law Center
• Justia Legal Resources: Medical Malpractice Law Center

Lee este artículo en Español en Justia Avanza.