All this talk about immigration reform got me wondering how a person can currently stay in the US legally. Here's what I found out:
- visitor visa ($160) generally 90 days
- student visa ($160)
- temporary nonimmigrant worker - employer must file a petition
- permanent worker - 14,000 available each year; must have "extraordinary ability" in certain areas, specific job skills or invest $500k-$1M+ in an enterprise that employs at least 10 workers
- permanent resident (green card holder)
- citizen
Permanent resident aka a green card holder can get a green card via:
- family: a family member is a US citizen and you are their spouse, child, brothers >21, sisters >21; spouses and children of a green card holder; fiancé of a citizen ($650)
- job: ($220-$405) you
- have an offer for permanent employment
- are an investor into an enterprise that creates US jobs
- are an "Alien of Extraordinary Ability"
- have a special job skill (Afgan or Iraqi translator, Broadcaster, International Organization Employee, Iraqi Who Assisted the U.S. Government, NATO-6 Nonimmigrant, Panama Canal Employee, Physician National Interest Waiver, Religious Worker)
- refugee/asylum status 1 year after you entered the country as such. Required at 1 year if refugee, not required for asylum.
- lottery (Diversity Immigrant Visa Program): ($330) 50,000 diversity visas are available annually, drawn from random selection among entries of individuals who are from countries with low rates of immigration
- registry: if you have been in the US continuously since 1972, even if illegally, and you are not ineligible for naturalization
- Special Immigrant Juvenile: if a child is in the US and it is not possible to reunite them with their parents
- Legal Immigration Family Equity Act: if you are the beneficiary of a labor certification application or immigrant visa petition filed on or before April 30, 2001. Requires an additional $1000 fee.
To automatically be a citizen from birth, you must:
- have been born in the US including territories and possessions OR
- have at least 1 parent who was a US citizen at the time of your birth and file appropriate paperwork ($600) before age 18 while you live in the US
** there are some different handlings based on whether the parents were married and whether/when you live in the US
To become a citizen later in life, you must:
- apply for "derived" or "acquired" citizenship through a US citizen parent ($600). There are requirements pertaining to living in the US for a number of years based on different factors.
- apply for standing as a naturalized citizen you must:
- be over 18 years old
- have been a permanent resident (green card holder) for 5 years, or 3 if married to a US citizen
- be a person of good moral character, have a basic knowledge of U.S. government (take Naturalization test)
- reside continuously within the United States from the date of application for naturalization up to the time of naturalization
- be able to read, write, and speak basic English (take Naturalization test) unless:
- you are over 55 and have been a permanent legal resident for 15+ years
- you are over 50 and have been a permanent legal resident for 20+ years
- pay the fee of $595 + $85 biometric fee
(main source: http://www.uscis.gov)