Politichaos

Resolving the Ruckus

Immigration Synopsis - as of June 2013

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:

  1. visitor visa ($160) generally 90 days
  2. student visa ($160)
  3. temporary nonimmigrant worker - employer must file a petition
  4. 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
  5. permanent resident (green card holder)
  6. citizen

Permanent resident aka a green card holder can get a green card via:

  1. 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)
  2. job: ($220-$405) you
    1. have an offer for permanent employment
    2. are an investor into an enterprise that creates US jobs
    3. are an "Alien of Extraordinary Ability"
    4. 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)
  3. refugee/asylum status 1 year after you entered the country as such. Required at 1 year if refugee, not required for asylum.
  4. 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
  5. registry: if you have been in the US continuously since 1972, even if illegally, and you are not ineligible for naturalization
  6. Special Immigrant Juvenile: if a child is in the US and it is not possible to reunite them with their parents
  7. 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:

  1. have been born in the US including territories and possessions OR
  2. 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:

  1. 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.
  2. apply for standing as a naturalized citizen you must:
    1. be over 18 years old
    2. have been a permanent resident (green card holder) for 5 years, or 3 if married to a US citizen
    3. be a person of good moral character, have a basic knowledge of U.S. government (take Naturalization test)
    4. reside continuously within the United States from the date of application for naturalization up to the time of naturalization
    5. be able to read, write, and speak basic English (take Naturalization test) unless:
      1. you are over 55 and have been a permanent legal resident for 15+ years
      2. you are over 50 and have been a permanent legal resident for 20+ years
    6. pay the fee of $595 + $85 biometric fee

(main source: http://www.uscis.gov)