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Guide to Legal Residency and U.S. Citizenship
Even if you’ve been living in the U.S. illegally, or if USCIS has denied one of your prior immigration applications, you may still be eligible to remain in the U.S. And since U.S. law offers many different ways for immigrants to obtain legal residence beyond what’s listed here, we invite you to contact our office to find out which route is best for you. Below are just a few of the ways people can immigrate to the United States.
Permanent Resident Visas through Your U.S. Relatives:
Immediate Relative Petitions
If you are the parent, child under age 21, or spouse of a U.S. citizen, a visa for permanent residence is immediately available once the Immigration Service grants the petition.
In some instances, applicants who are not lawfully in the U.S. may be allowed to remain while USCIS considers their cases.
Preference Petitions
Visas based on other family relationships may have extended waits based on the government’s order of preference and the limited number of visas issued annually. The waiting times are regularly updated by the U.S. State Department and posted monthly on the on the Visa Bulletin.
First Preference:
Unmarried Sons and Daughters of Citizens (age 21 or older)
- Approximate Waiting time for most countries: 5 years
- For Mexico: 12 years
- For Philippines: 14 years
Second Preference:
(a) Children under age 21 and Spouses of Permanent Residents
- Approximate waiting time for most countries: 4 years
- For Mexico: 7 years
(b) Unmarried Sons and Daughters (age 21 or older) of Permanent Residents
- Approximate waiting time for most countries: 9 years
- For Mexico: 14 years
Third Preference:
Married Sons and Daughters of Citizens
- Approximate waiting time for most countries: 8 years
- For Mexico: 13 years
- For Philippines: 15 years
Fourth Preference:
Brothers and Sisters of Adult Citizens
- Approximate waiting time for most countries: 12 years
- For India: 13 years
- For Philippines: 22 years
Asylum:
If you have a well-founded fear of persecution on account of race, religion, nationality, political opinion or social group membership in your home country, you may be eligible for asylum in the U.S.
Cancellation of Removal:
If you have illegally resided in the U.S. for 10 years, have good moral character, and your deportation would cause “exceptional and extremely unusual hardship” to a U.S. citizen or permanent resident spouse, child, or parent, you may qualify for permanent residence. Certain citizens of El Salvador and Guatemala, as well as the former communist countries of Eastern Europe who came to the United States in 1990 or earlier may also be eligible for NACARA, a related form of relief. This is a very risky application that requires going before the immigration court for deportation proceedings. It is critical that you consult with a knowledgeable immigration attorney before seeking this relief.
Avoiding Deportation:
If you’re not yet a U.S. citizen, you must be extremely careful to stay on the right side of the law. Below is a list of just a few of the unlawful activities that can lead to deportation:
- Theft offenses and fraud crimes
- Drug offenses, including possession and trafficking
- Immigration fraud and alien smuggling
- Serious violent crimes
- Rape and statutory rape
- Domestic violence
- Prostitution
- Arson and malicious destruction of property
- Harboring a fugitive
- RICO violations
- Perjury
- Firearms offenses
U.S. Citizenship:
Typically an applicant must:
- Be a lawful permanent resident;
- Reside continuously in the United States for five years (3 if married to a US citizen);
- Read, write and speak English;
- Have an understanding of U.S. history and government;
- Possess good moral character;
- Support the U.S. and the Constitution.
If you are married to a U.S. citizen or served in the U.S. military, you may be eligible for citizenship in three years or less. You may also qualify if either of your parents was a U.S. citizen when you were born.
Note: The above information is not intended as legal advice, but only to list just some of the benefits available under U.S. immigration law, as well as activities that might jeopardize their right to live in the U.S. You should speak with an attorney or legal services office for more information on how these laws might affect you.
Contact the Immigration Law Office of Daniel Shanfield, Esq. & Associates today!
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