The Green Card, Naturalization, and How to Become a Legal Immigrant
The process for a foreign citizen to legally obtain a green card and eventually a legal naturalized citizen of the U.S. is difficult, time consuming and expensive. Many critics of the system, if the process was simpler there would be far fewer foreign citizens entering and staying in the U.S. illegally.
When a foreign citizen visits the U.S. as a tourist, a medical patient, a student, or for business purposes, in general they have only a valid national passport, a photo ID card or birth certificate, and sometimes a visa. A visa is simply a note on a document that shows authenticity and conveys permission to travel to and from abroad. This type of visa is also known as a non-immigrant visa. Cost for a passport, a nonimmigrant visa and a border card totaling about $ 300.
However, when a foreign national wishes to reside and work in the U.S., they need to present an immigrant visa, also known as a green card. The green card was originally called the Alien registration receipt card, but it has recently been renamed the Permanent Resident Card. Originally, the green card, but now the card is white with some green print on the back. It is still commonly known as the Green Card. Recipients of the green card must carry it with them at all times. The green card is valid for a period of 10 years.
The green card is issued to a foreign citizen as a response to a petition by an employer or a relative a U.S. citizen. The petition of the employer or relative gives the foreign citizen to the U.S. within the framework of its employees and permanently in the country.
The process for obtaining the green card generally follows three steps. The U.S. Citizenship and Immigration Services (USCIS) issues the green card. This service was formerly known as the INS or Immigration and Naturalization Service. USCIS is often referred to simply as the Immigration Service and is now part of the Department of Homeland Security. The first step is for the USCIS to review all the paperwork and petition from the qualifying relative or employer to approve. The second step is to send the approved paperwork to the National Visa Center (NVC) where the petition waits for a visa number available. Only a limited number of visa numbers are available per year. Once a visa number becomes available, then the third step is to petition to be forwarded to the appropriate U.S. embassy or the foreign citizen’s home city or country consulate.
The three steps seem too easy and simple, but the cost and the amount of paperwork and time involved makes it difficult and frustrating process.
The first step to obtaining a green card is for the sponsoring relative or employer for the proper forms to USCIS. The process of completing, collecting and sending the paperwork to NVC to two months or more. Typically, not all of the appropriate forms and submitted the first e-mail communication between the USCIS and the petitioner and between the USCIS and NVC is slow. Fees for the paperwork, photographs and supporting documents can total $ 190 to $ 400.
Next, NVC collects the paperwork and determines if additional items are needed to complete the application. There are generally additional necessary forms, passports and documents needed before everything can be forwarded to a U.S. embassy or consulate in the home country of the foreign citizen city or country. This process can take two to seven months and requires the payment of processing fees and fingerprinting which cost around $ 500 or more.
If the application is for an immediate relative, such as parents, spouses and minor children, the application need not wait for a visa number, and the petition may be sent to the U.S. embassy or consulate. Some consulates are busier with green card than the others and waiting for an appointment at the consulate varies from a few weeks to 9 months. In addition to identity documents the applicant must present a medical exam and blood test results that may cost an extra $ 200 or more. After the appointment at the consulate and the approval of the petition, the foreign citizen is issued Permanent Resident Card or Green Card. Citizens are free to enter the United States for the establishment of a residence permit or start employment.
If the application is for a relative other than immediate family, including adult children, married children, and siblings, the application must wait for an immigrant visa number available. The waiting period may take several months as long as 10 years. Only a limited number of immigrant visa numbers are available for each country each year. An application may wait for a long period of time when the applicant is from a country that sponsors a large number of applicants. After the petition receives a visa number the application is sent to the U.S. embassy or consulate and the citizen can then appointment and receive their Permanent Resident Card or Green Card.
The green card is valid for 10 years. After five years of residence in the U.S. citizen is eligible to be naturalized U.S. citizen. Besides the five years of residency, the citizen must show an ability to read, write and speak English, understand American history and government, have good moral character, and willingness to adhere to the principles of the U.S. Constitution . Fees for application and electronic fingerprints totaling approximately $ 400. Once the citizen has the allegiance they have a full U.S. citizen.
Obtaining permanent residency or citizenship in the United States requires a major commitment of time, determination, and resources. Simplifying the process would allow foreign citizens to more easily immigrate legally to the U.S. and would likely reduce the number of illegal immigrants. The United States has a proud history of successful legal immigration.
An immigrant lawyer handles matters relating to visas,