Immigrating to the United States can be a long process full of applications and waiting times. If you are considering immigrating and becoming a citizen of the United States, it’s important you understand how immigration works and the paths you can take to citizenship. If you have any further questions about the immigration process, you can contact a Michigan immigration attorney.
Becoming a Lawful Permanent Resident
The first step to becoming an American citizen is becoming a lawful permanent resident (LPR) or getting your “green card.” In order to get a green card, you must meet one of the eligibility requirements for a green card category. There are three main green card eligibility categories:
- Family. Immediate family members, spouses, and other relatives of U.S. citizens are eligible to apply for a green card.
- Employment. Immigrants who work in the sciences or arts or who have a professional degree/skilled employment training may also apply for permanent residency.
- Special eligibility. Special individuals, such as refugees, asylees, trafficking victims, religious workers, or winners of the state’s diversity visa lottery, can apply for a green card.
The exact process for getting a green card depends on whether you currently reside inside or outside the U.S. If you are lawfully residing in the U.S. on a valid immigrant visa, you can apply using Form I-485. If you do not have a valid visa or live outside the U.S., you must apply through a U.S. consulate.
When applying for your green card, you will provide identifying information and information about your green card eligibility (e.g., family members, employment, etc.). Once a visa in your eligibility category is available, you will attend an interview before a final decision is made. Once you receive a green card, you will be a lawful permanent resident of the U.S.
Applying for Citizenship
The next step in the immigration process is applying for citizenship via naturalization. In order to apply for citizenship, you must:
- Be a lawful permanent resident
- Be at least 18
- Reside in the U.S. for at least five years
- Have basic proficiency in English and knowledge of U.S. Civics
- Take the U.S. Oath of Allegiance
- Pay the application fee or obtain a fee waiver
- Be of good moral character
Green card holders married to a U.S. citizen may apply for citizenship within only three years instead of five. As part of the test, you will have to answer questions regarding the structure and function of the U.S. government and demonstrate your ability to read, write, and speak English. The exact time length of the application process will differ depending on the case, but it usually takes from six months to a year.
Applying for citizenship is not mandatory. LPRs can reside in the country indefinitely and won’t face a penalty if they do not apply. However, LPRs do not have the same rights and protections as U.S. citizens. Naturalized citizens can vote and are eligible to hold political office, excluding the presidency. Naturalized citizens also have greater protections against deportation and removal. Existing laws provide that the only way to deport a naturalized citizen is to first remove citizenship through a process of denaturalization.
Immigration Attorneys in Michigan
Immigration law is a complex matter, and it’s easy to feel frustrated and not know where to turn for answers. Rodnick, Piraino & Ingber, PLLC, has years of experience helping immigrants and their families secure and maintain legal residency and citizenship in the United States. If you have more questions about the U.S. immigration process, contact our offices online or call today to talk to a Michigan immigration attorney.
