Immigration
Many native-born Americans know when their forebears first came to the country and express pride in their adventurous ancestors. Although the United States is a nation of immigrants, the government must limit and regulate the entry of foreigners seeking permanent residence in order to prevent an enormous immigration influx and the resulting drain on national resources. Additionally, immigration laws protect the public and the national interest by excluding undesirable individuals from the country. As a result of strict immigration standards, only those foreign nationals who comply with procedural and legal requirements can achieve their goal of permanent residence.
Illegal immigration occurs when aliens enter the country without proper authorization from the appropriate governmental agency within the Department of Homeland Security. Without authorization, illegal immigrants, or undocumented aliens, cannot legally hold a job or receive important benefits. Additionally, these parties are subject to deportation (also called removal) when they are discovered, and may face substantial difficulties returning to the United States. Deportation typically imposes a five-year ban (which may in some situations be even longer), on return to the United States, even if the individual has friends and family in the country. On the domestic side, people who assist illegal immigrants and employers who give them jobs may face criminal and civil penalties.
Legal immigrants seek permanent resident status through legal channels. Immigrants applying for permanent resident status from outside the United States must first secure an immigrant visa in order to enter. U.S. Citizenship and Immigration Services (ISCIS) grants available immigrant visas to applicants with American family sponsors or relationships, employment opportunities, or other special qualifications. USCIS may enforce a numerical limit on the grant of immigrant visas, making them more difficult to obtain. The applicant must meet USCIS standards for admission, as well as documentary and procedural requirements. Once USCIS grants the immigrant visa, the holder may apply for permanent residence in the United States.
Most nonimmigrant visa holders may apply for adjustment of status to permanent residence while residing in the United States. To change status and achieve permanent residence, the visa holder must file an adjustment of status application with USCIS. The foreign applicant must meet eligibility requirements for immigrant visas, and an applicable immigrant visa must be available when the application is filed. The applicant must not have held illegal immigration status or illegal employment prior to applying. Similar requirements apply to immigrant visa holders seeking permanent residence.
Achieving legal permanent resident status completes the immigration process. Although permanent residents may still experience deportation and lack some of the rights of full citizens, they may freely avail themselves of most of the benefits of American citizenship, including work. Permanent residents may apply for citizenship, usually after five years, or three years for spouses of U.S. citizens. For assistance with permanent residence or citizenship procedures, foreign nationals should contact a qualified immigration lawyer who knows the intricacies of the system and can help bolster an individual applicant's chances of reaching his or her goal.
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