Tag Archives: Immigration Lawyer

Differences Between Permanent Residency vs. Citizenship

The American passport is one of the most influential ones to own worldwide. U.S. Immigration statistics show that nearly 860,000 green card holders apply for U.S. citizenship.

Considering the number of people who travel to the U.S. for business or personal reasons every year, many want to apply for citizenship. Becoming a permanent resident is a dream for many visitors.

Fortunately, there’s a wide range of different legal statuses that people may have in the U.S. The most common ones include permanent residence and citizenship.

Most people think these two legal statuses are the same in regions like Huston, TX, and other areas of the United States. However, there’s a profound difference between the two that we will mention in this article.

Permanent Residency vs. Citizenship: Differences To Consider

There’s a wide range of differences between having a permanent residency and being a citizen of the United States. Here are a few things you should keep in mind.

What is a Legal Permanent Resident?

A permanent resident is a person who holds the right to stay in the United States for an indefinite period. These residents have the same rights as citizens (more or less) along with most privileges.

For example, you can work in the U.S. as a permanent resident without legal issues. Depending on your niche, you can run a personal business or work with a company.

Most permanent residents get an “alien registration card” known as a green card earlier. The card used to be green, which is why people called it such.

However, a green card is powerful enough to prove your eligibility for a job. You can apply for employment opportunities with a green card or an alien registration card.

Can Permanent Residents Travel Out Of The U.S.?

The U.S. allows residents to travel to any area outside of the United States. However, all travelers should have a valid “alien registration card” when re-entering the U.S.  

Additionally, all residents should ensure their passports do not expire before returning to the U.S. They can apply for a passport renewal in the American Embassy and have an unexpired passport for a secondary country.

Permanent residents must meet all the admission criteria back into the U.S. they met when first applying for permanent resident status. It can include certain law violations, such as health concerns, criminal records, false claims of U.S. citizenship, etc. Other severe offenses may include instances of terrorism, public charges, etc.

What Can A Permanent Resident Not Do?

There are a few things that permanent residents cannot do. One such example is the ability to vote. Individuals with permanent residency status cannot participate in the elections. Additionally, people with U.S. legal citizenship can vote in the presidential elections.

Is Permanent Residency Valid Forever?

The permanent residency makes the immigrants legal in the United States as long as they do not commit serious crimes or other legislative violations. People who violate these rules can be deported and banned from the U.S. permanently and may lose their residency status.

Additionally, some traveling scenarios may have the same result for the immigrants. For example, some people may lose their permanent residency status because of staying out of the U.S. for more than their designated period. The allotted period is six months at a time.  

The immigration department authorities will assess your situation and determine your status. There are two scenarios in this case:

  • The permanent resident has abandoned their permanent residency in the United States.
  • The individual cannot return to the U.S. on time for personal reasons.

Additionally, individuals who remain out of the U.S. for a year or more no longer hold a permanent residency. They need to re-apply for permanent residence and meet the requirements again.

However, a legal attorney can present your case to the American Embassy and defend it against the immigration authorities.

What Responsibility Does a Permanent Resident Have?

A person with a permanent residence has some responsibilities they will need to uphold. 

These include:

  • Filing the U.S. tax returns as a permanent resident in the U.S.
  • Abide by all the laws and regulations the government sets in their state.
  • Sign up for the Selective Service (applicable for males and females between the ages of 18 and 25)
  • Support the government by all means.
  • Notify the USCIS about any changes in residential address.

Get Information with the Best,  Contact Fong Ilagan

There’s a profound difference between a citizen and a permanent resident in the U.S. Understanding your rights and responsibilities depend on your immigration status in the U.S. Individuals facing immigration problems should reach out to a professional law firm.

Our immigration lawyers at Fong Ilagan are more than happy to help people looking to apply for permanent residence or defend their case against embassy authorities. We have an expert team who will assess and resolve your situation to protect your U.S. citizenship or permanent resident status.

Reach out to us today!

 

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Important Terms and Definitions to Know in Immigration Law 

The immigration sector of law is ever-changing. As decades and even centuries of immigration have gone by, laws have changed and legislation has brought new laws into the picture while others have been overridden. With so many new reforms coming into the picture, more immigration terms and phrases make their way as well.

 

For the most part, people are familiar with terms such as “green card” or visa, naturalization, adjustment of status, and several others. But there are many other terms that might not be used as often but are still very important to know considering they can be used in any case at any time. We run through a quick list of terms that are often misleading or misused that way you can better understand the context they are used in. 

 

Amnesty (Legalization) 

 

The Immigration Reform and Control Act (IRCA) of 1986 was often referred to as an “amnesty,” considering it included more conditions and longer time periods depending on an immigrant’s status. Amnesty is an older term for legalization, which is why it may cause confusion in different cases. There has been some debate regarding which term is the appropriate term, as each one may pose negative connotations to either the supporters or opponents of the act. 

 

Deportation (Expulsion) vs. Extradition

 

These two terms are known for being used interchangeably, but they do not mean the same things. Extradition is used when a criminal suspect held by one government is relocated to another government to go to trial. If a suspect has already been tried and found guilty, that is when they are deported; this is also known as the process of expulsion. With that being said, extradition and expulsion are two different terms. 

 

Immigration and Customs Enforcement (ICE) vs. Customs and Border Protection (CBP)

 

Both organizations play a critical role in immigration law and in the modern-day activity of immigration, but they both have different responsibilities. Immigration and Customs Enforcement is an agency that conducts enforcement and removal operations regarding immigration violations. These officials also investigate crimes that involve the crossing of the U.S. border. 

Customs and Border Protection oversees and protects the border and ports of entry. This agency is also charged with regulating trade and commerce operations across U.S. borders. 

 

“Merit-Based” Immigration

 

This term is used in various immigration systems that select immigrants for permanent residence based on the overall characteristics, as opposed to other ties such as familial relationships. This term includes a form of a point system, allocating points to a prospective permanent resident based on their age, language skills, and education. Those who meet desired specifications may apply to immigrate and reside in the United States legally.

 

Asylum Seeker and Refugee 

 

An asylum seeker is what an individual is called before they become a refugee if they are accepted into the United States for asylum. Asylum seekers are individuals who come to the United States for protection due to fear of persecution in their home country on account of race, religion, nationality, and other factors. Once an individual is accepted, they become an asylee.

 

Once an individual is residing in the United States to be protected from their home country they become a refugee. The United States accepts a designated number of refugees every year. 

 

Temporary Protected Status 

 

This status can be granted to individuals who are from a country that is no longer deemed safe to return to due to conditions such as military conflict, natural disaster, and other scenarios. This does not provide a direct path to a green card but it also does not prohibit individuals from applying for permanent residency. 

 

Unaccompanied Migrant Children 

 

Children who have illegally crossed the United States border without an accompanying adult are considered unaccompanied migrant children. In recent years, studies and trends show that unaccompanied children are crossing more than they ever have. If they are apprehended, they are transferred to the Office of Refugee Resettlement with the Department of Health and Human Services. 

 

Quota System 

 

A quota system is that which limits the number of immigrants that may enter the United States every year. These limits are based on nationality or where immigrants are coming from. 

 

Learn News and Updates in Immigration Law with the Professionals at Fong Ilagan

 

It doesn’t matter where you are at in the process of legalization or what your citizenship status is; understanding immigration law can help you in the long run. Have questions about your case? Need legal assistance? We’re here to help. Contact us today to learn more about how we can help you.

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