Frequently Asked Immigration Questions

Can anyone apply for American citizenship?

No. Most people must first obtain "Lawful Permanent Residency" which is the legal right to live the rest of one's life in America.  This is called "obtaining a Green Card."  A "Green Card" is not green any more; it used to be, 50 years ago, and the name stuck.  It is not merely the right to work in America -- it is the right to live here permanently.  Only a very few people can apply for a Green Card by themselves -- people with extraordinary talents to offer -- fewer than 1% of the population.  Most people must be sponsored by a close family member.  A few people can be sponsored by their employer.  If the close family member is a US citizen who is an adult child or spouse of the foreign person, the process of obtaining a Green Card can be completed in 6 to 12 months. For other relatives, such as brothers or sisters of US citizens, the wait can be decades long, depending on the country of one's birth; and there is no right to live and work in the USA while waiting.

Who can apply directly for American citizenship?

In certain cases, if at least one of a foreign person's parents were US citizens, they passed American citizenship to their foreign-born children (and in some cases, even to their grandchildren).  These children of US citizens can apply for a US passport or a Certificate of Citizenship, and they do not need to go through the Green Card procedure.  But this is fairly uncommon; most people must go through the Green Card process.

Can any American citizen sponsor his or her relative for a green card / permanent visa?

There are limitations.  When a foreign person files an application for a green card, there is an extensive background check of the foreign person performed by the FBI.  In addition, a less extensive background investigation called a "name check" is performed on the American citizen by the FBI. American citizens who have been convicted of family violence or child abuse may not be permitted to sponsor their foreign relatives for Green Cards.

How honest should I be with the immigration service?

It is a serious crime to lie on an immigration application form.  It is also the fastest way to get deported.  Immigration officials *hate* lies, and they punish people when they catch them at it.  Telling the truth is not always a guarantee of getting a Green Card, however.  See the article on "Falsely Claiming American Citizenship" for example.

What happens if a person falsely claims to be a US Citizen?

Depending on how recent the false claim was, and how old the person was, this is a fatal mistake from which no recovery is possible.  The immigration authorities have no choice - if a person falsely claimed to be an American citizen, and had no legitimate basis for the claim, the person is barred for life from the United States - and there is no appeal. 

I heard the story of a young African woman who went to college in a southern state that bordered with Mexico.  She and her college roommates went to a disco in Mexico, and while walking back across the bridge into the USA, the young woman realized she had left her passport and student visa back at the dormitory.  She decided to try to bluff her way across. She looked African, she wore African clothing, and she had a strong African accent. She told the border official "I am an American citizen."  He said, "What did you say?"  She repeated it.  He took her into a consultation room and told her to tell the truth. She did, she said she was sorry, and she said that one of her roommates would go up to the dormitory and bring back her passport and visa -- all of her documents were in perfect order.  The official said, "It's too late for that.  You lied to a federal official to gain admission to the United States. You falsely claimed to be an American citizen." 

The woman was processed, and put on the next plane back to her homeland. Forever.  This is one example of the severity of some of the immigration laws.  Every time a foreign person crosses a border, it can have major consequences.

Can I apply for a Green Card by myself?

People underestimate the process.  They see a form that asks for their address and date of birth, and they say, "I can do this by myself."  And they can -- about 80-85% of the forms are asking for straightforward information. And that remaining 15-20% is crucial. These days, immigration is blended with Homeland Security. Every immigration issue is viewed with the most profound gravity.  Even the simplest thing can result in a needless denial.  Lawyers who spend their careers reading the rapidly-changing laws and procedures, and who understand the immigration system, can make the difference between a winning case and a case that is needlessly lost.

What happens when a person lies on a citizenship application?

I once heard the story of a man who had had his Green Card for more than 20 years, and decided to apply for American citizenship without hiring a lawyer.  He had been a Christian minister, and had served in the military for years, and had been Honorably Discharged.  On the application form for US citizenship it asked if he had ever been arrested.  Decades before, when he was a teenager, he had gone "joyriding" in a car.  He had taken someone's car, and driven it around town for an hour.  He was caught, and the judge said that since this was his only offense, if he kept his nose clean for 2 more years, he would erase the boy's record. The boy kept his promise to the Court, and the judge said, "For the rest of your life, if anyone asks if you have been arrested, you can say no; because I have erased your record, and this is your right." 

While preparing the application for US Naturalization, he thought about what the judge had said.  He answered the question, "No."  He then went to the interview, and was placed under oath.  The interviewer then said, "Please listen to this question carefully:  Have you ever in your life been arrested?"  The man thought about it, and the words of the judge rang in his ears, that he could answer this "no", so he said, "No, I have never in my life been arrested."  The interviewer then showed him his FBI record, proving that he had been arrested for joyriding decades earlier.  He had lied, and his application for US citizenship was denied. Not only that, the official was going to put him into legal proceedings to strip him of his Green Card.  The man's protests were in vain.  Immigration laws are different. In his situation, if he had been applying for a job, he could legitimately tell the employer that he had never been arrested.  But the immigration laws are different, and he had to disclose this.  He is still not a US citizen, but fortunately he was able to retain his Green Card.

What are Ex Post Facto Laws, and what is their relevance to immigration law?

Ex Post Facto laws are laws that are passed after the date on which a person commits a crime.  Let's say that in a certain state, it is a crime to steal tangible physical things, but the laws are behind the time, and there is no law on the books that says that is a crime to steal magnetic computer data - source code.  On January 1st, a person steals the source code for a computer program. He doesn't physically take anything -- he emails the source code to himself.  Then, a year later, the state passes a law prohibiting the stealing of source code. The man cannot be prosecuted for this, because the law was passed after he committed the forbidden act.  However, this only applies to criminal laws, and immigration laws are not criminal laws. 

Let's say that a man sold one marijuana cigarette to a friend, and at the time, this was not a deportable offense.  He discloses this to the immigration officials, and it is not a barrier to his getting his green card.  A year later, the Congress passes a law stating that if a person ever in his life has sold illegal drugs, in any amount, he will be deported.  Since immigration laws are not criminal laws, and since deportation is not a criminal punishment, this law is valid and applies to this man.  Five years pass, and he applies for US citizenship.  His conviction for selling drugs will not only prevent him from getting US citizenship - it will probably result in his being stripped of his green card, and deported.  There are no "Ex Post Facto" laws in immigration law -- no constitutional prohibition on passing a law that makes previous behavior a deportable offense.  The immigration laws are tough.