Applying for residency or for citizenship in the United States is typically a long process. There’s so much to know about applying for residency and citizenship that you might not know exactly where to start. There are four different categories of citizenship status in the United States, so whatever category it is that you fall into, certain circumstances may affect you differently.
Taking in all the information and doing your own research can be overwhelming, but with experienced immigration lawyers by your side, we can help you familiarize yourself with the process. Let’s discuss the different kinds of status in the U.S. and look into some questions surrounding the categories.
You are granted U.S. citizenship if you were born within the country. You may also have U.S. citizenship if you were naturalized through the United States Citizenship and Immigration Services (USCIS). Those who are naturalized must live in the United States for a number of years before being granted U.S. citizenship. You are able to work and exercise any rights you have as a U.S. citizen.
Legal Permanent Residents (LPRs)
LPRs are granted green cards, which authorize them to legally reside in the United States. Through a green card, they are also able to legally work in addition to living in the country. There are also conditional residents. Conditional residents can change to permanent status by filing Form I-751, with supporting evidence before their conditional residency expires.
Temporary visitors, much like LPRs, are in the country legally, but they are here on a limited-time basis. Most temporary visitors come into the United States to enroll in college, for business or work, with their fiancees, or through temporary protected status. Those who apply for temporary visitorship typically are not seeking immigration to the United States.
Those who are living and/or working in the country illegally are undocumented. This ultimately means that they were not given permission to reside or work in the United States and be deported back to their home country. If they are undocumented, they have no access to public benefits and do not have the rights that a U.S. citizen has.
How can I apply for U.S citizenship if I am a lawful permanent resident?
Eligibility for citizenship depends on a number of things. USCIS requires that LPRs lived in the United States for anywhere from 3-5 years before applying for citizenship. It may be different if you are married to a United States citizen.
What can I do if I would like to sponsor my spouse who is a foreign national?
It is best if you have your spouse with you in the United States under permanent residency so that they can apply for citizenship or simply change their status. Additionally, you must be in a solid financial standing that shows you can support you and your spouse should they be sponsored into the country.
What can I do if I would like to sponsor a family member to come to the United States?
Similar to how spouses are sponsored, family members can be here either on permanent residency or temporary visitation in order to change their citizenship status in the United States. Oftentimes, the process works best for relatives who are close to the citizen, “immediate relatives” they are known as. It is important to be aware that being granted a visa can take several months and even years.
If I am afraid to return to my country of nationality, what are my options here in the United States?
It is best to consult with an immigration lawyer so that they can determine the best path to take for relief. You may also be eligible to apply for asylum by providing substantial evidence that you are in danger if you go back to your home country.
How can a criminal charge or conviction affect my immigration status?
A criminal charge can be detrimental to your immigration status. Some people may even face the risk of being deported, depending on their status. If you are facing charges and are at risk of benign deported, contact a lawyer right away.
Learn More with the Attorneys at Fong Ilagan
We’re here to help those who are seeking immigration into the United States. Whether you are applying for citizenship or aim to sponsor your family, we want to be there to support you through the process. Contact us today to learn more about how you can get started with Fong Ilagan.