ARTICLES

Basic information on immigration

At the suggestion of one of our readers, The Catholic Virginian is printing the following facts on immigrants to the United States and the process of reaching citizenship. The information was obtained from the website www.justiceforimmigrants.org

Who is an immigrant?

According to U.S. law, an immigrant is a foreign-born individual who has been admitted to reside permanently in the United States as a Lawful Permanent Resident (LPR).

How do immigrants get admitted to permanently reside here?

Typically, a foreign-born individual seeking to become an LPR can do so in one of three ways:

Through family-sponsored immigration, a U.S. citizen can sponsor his or her foreign-born spouse, parent (if the sponsor is over the age of 21), minor and adult married and unmarried children, and brothers and sisters. A Lawful Permanent Resident can sponsor his or her spouse, minor children, and adult unmarried children. Our immigration system divides the family members eligible for sponsorship into two tiers. Immediate relatives of U.S. citizens — that is, spouses, unmarried minor children and parents, but not brothers and sisters or unmarried and married adult children — are admitted as their applications are processed.

Through employment-based immigration, a U.S. employer can sponsor an individual for a specific position where there is a demonstrated absence of U.S. workers.

By winning one of a limited number of immigrant visas available in the annual diversity visa lottery that is open to immigrants from certain countries.

Who is an undocumented immigrant?

An undocumented immigrant is a person who is present in the United States without the permission of the U.S. government. Undocumented immigrants enter the U.S. either illegally, without being inspected by an immigration officer, or by using false documents, or legally, with a temporary visa, and then remain in the U.S. beyond the expiration date of the visa.

Who is a non-immigrant?

A non-immigrant is an individual who is permitted to enter the U.S. for a period of limited duration. Nonimmigrants include: students, tourists, temporary workers, business executives, diplomats, artists and entertainers, and reporters. Depending on where they are from and the purpose of their visit, non-immigrants may be required to apply for and obtain a visa from the U.S. government. The application process entails an interview with a U.S. consular official in the nearest U.S. consulate, who has the sole authority to grant or deny a visa. Even if granted, the visa is merely a travel document. All non-immigrants — regardless of whether they have a U.S. visa — must also pass immigration inspection upon arrival in the U.S.

Who is a naturalized citizen?

Lawful Permanent Residents are eligible to apply for U.S. citizenship through a process called naturalization. To qualify for naturalization, applicants generally must reside in the U.S. for five years (three if they are married to a US. citizen) without having committed any serious crimes, show that they have paid their taxes and are of “good moral character,” and demonstrate a knowledge of U.S. history and government as well as an ability to understand, speak, and write ordinary English.

Family-sponsored immigration

Family-sponsored immigration is the way U.S. citizens and lawful permanent residents bring family members from other countries to live permanently in America. Citizens may sponsor only their spouses, children, parents (if the citizen is older than 21 years), and brothers and sisters (if the citizen is older than 21 years).

LPRs may sponsor only their spouses and unmarried children. Neither citizens nor LPRs may bring in more distant family members, such as aunts, uncles, and cousins.

Our immigration system divides the family members eligible for sponsorship into two tiers. Immediate relatives of U.S. citizens—that is, spouses, unmarried minor children and parents, but not brothers and sisters or unmarried and married adult children—are admitted as their applications are processed.

Non-immigrant Visas

”Non-immigrants” are tourists, students, and other persons who come temporarily to the U.S. for pleasure, business, study, diplomacy, or other purposes on an alphabet soup of visa categories. The total number of immigrants — family-sponsored, employment-based, and diversity immigrants — is small compared to the number of people who come here for short periods of time. These non-immigrants outnumber immigrants by about 30 or 40 to 1. In fiscal year 2003, nearly 28 million persons came to this country temporarily. Of those, more than 24 million came here as tourists or business visitors.

Naturalization

Naturalization is the process by which eligible legal immigrants become U.S. citizens. Through the naturalization process, immigrants display a willingness to become full members of our society. The process is not an easy one. It requires that immigrants live in the U.S. for a certain number of years, learn our language, study our history and government, show that they are of “good moral character” and have not committed serious crimes and, finally, swear allegiance to the United States. Over time, most immigrants become citizens.

The naturalization process

Eligibility: An applicant for citizenship must be at least 18 years of age, and must have resided continuously in the U.S. as a Legal Permanent Resident for at least five years prior to filing. Permanent residents who have been married to a U.S. citizen for three years are eligible to apply for citizenship. There are special expedited provisions for immigrants serving in the armed forces during a designated period of armed conflict. Children who are adopted from another country automatically have U.S. citizenship conferred to them as long as one or both parents are U.S. citizens, the child is under 18, and the child is legally residing in the U.S. with the U.S. citizen parent or parents. Immigrants must be of “good moral character,” usually determined by checking with the FBI for any record of a criminal background.

Long-time older permanent residents are exempt from the English requirement if they are 50 years or older and have been living in the U.S. for at least 20 years, or if they are 55 years or older and have been living in the U.S. for at least 15 years. These immigrants must still demonstrate knowledge of U.S. history and government, but they may do so in their native language. Certain persons with disabilities are exempt from the requirement to demonstrate knowledge of U.S. history and government.

Interview: After submitting an application and fee to U.S. Citizenship and Immigration Services (USCIS), an appointment is made with the applicant to take his or her fingerprints, which are checked by the FBI. An interview is then scheduled with the applicant, during which an immigration examiner reviews the application and determines if the applicant meets the requirements for U.S. citizenship. To demonstrate English proficiency and knowledge of U.S. history and government, the applicant must be prepared to answer several history and civics questions. They may also be asked to read a sentence or brief passage from a USCIS textbook, and to write a sentence dictated by the examiner.

Oath and Swearing-In: Approved candidates for citizenship must take an Oath of Renunciation and Allegiance, giving up foreign allegiances and titles and swearing to support and defend the Constitution and laws of the U.S. If the person has a severe disability preventing him or her from understanding, or communicating an understanding of, the meaning of the Oath, the person may obtain a waiver of the Oath requirement. The final step in the naturalization process is the swearing-in ceremony, which can take place before a judge or in an administrative ceremony.

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