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Useful Terms Concerning Immigration

U.S. citizens. These are individuals who were either born in the U.S. or who have become "naturalized" after three or five years as permanent residents. These citizens can never be deported unless the citizenship was obtained through fraud. They can work legally and receive any public benefits for which they qualify. They may also petition for the legal status of a spouse, child, parent or sibling.


Permanent or conditional residents. Legal Permanent Residents (LPRs) are individuals who have a "green card.” A green card holder, or lawful permanent resident, is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, they are granted a permanent resident card, commonly called a green card. They can become a permanent resident several different ways. Most are sponsored by a family member or employer in the U.S. In some cases, individuals may apply for themselves when one’s spouse can't or won't file for them. Other individuals may become permanent residents through the refugee or asylum process (see below). Conditional residents are those who have been married less than two years before they received their green card. This type of residency also requires an individual and his/her spouse jointly file to remove the condition within two years of receiving the green card or the card will be terminated and the individual will face deportation. Permanent and conditional residents have permission to live and work permanently in the U.S. unless they are guilty of a serious criminal offense or some other immigration violation. Individuals who are permanent or conditional residents can petition for legal status for a spouse or child. If one has been a lawful permanent resident for five years, he/she can apply to become a naturalized U.S. citizen. If one were granted a green card based on marriage to a U.S. citizen, then one can apply after three years. Having a green card doesn't mean one will automatically become a citizen. If one has been arrested for any reason, owes any taxes, or has failed to pay child support one could have citizenship denied. About a million greed cards are granted annually in the US.


Asylum seekers. Asylum status is a form of legal protection that allows an individual to remain in the United States without being deported. An asylum seeker is a person who has been forced to flee their country due to a well-founded fear of persecution and is seeking admission to request asylum in the US. These are people who are trying to find a safe and new place to rebuild their lives. Asylum seekers obtain asylum in one of two ways: affirmatively through a United States Citizenship and Immigration Services asylum officer or defensively in removal proceedings before an immigration judge of the Department of Justice’s Executive Office for Immigration Review. In short, an affirmative asylum application is made by an individual who is already in the United States. A defensive asylum application is made by someone who has been placed in removal proceedings because they were found to be unlawfully present in the United States. To qualify for asylum status a person must meet the definition of a refugee and be physically present in the United States or seeking admission at a port of entry at any US border. If asylum is granted, the individual can work legally in the US and must apply for LPR (green card) within one year. The individual may apply for citizenship in five years. Note that all the people that were recently placed on a plane and flown to Martha’s Vineyard by Governor DeSantis were legally applying for asylum. Note that 96% of all asylum seekers show up for their immigration court hearings.


Refugees. Refugees and asylum seekers are individuals who cannot return home out of fear for their lives but they are legally different. The basic difference is that refugees are individuals outside the US applying to be let in while asylum seekers are individuals in the US asking to be allowed to stay. If refugee status is granted, the individual can work legally in the US and must apply for LPR (green card) within one year. The individual may apply for citizenship in five years. The President sets the number of refugees to be allowed in the country. The largest number of refugees that were allowed in the US was 207,000 in 1980. In 2020 we allowed 11, 814; in 2021 we allowed 11, 411, and as of August 31 of this year we have admitted 19,919. (State Department)


Non-immigrants. Individuals who fall into this category are in the country legally, but only on a temporary basis. Examples include students (F-1 visas), business visitors or tourists (B1/B2 visas), fiancées (K-1 visa), and individuals granted temporary protected status. In general, recipients of these visas don't intend to immigrate. If the application is fraudulent or if one overstays or otherwise violates the terms of the visa, one’s legal status will change to undocumented. It is important to note that a high percentage of undocumented immigrants come into the country on legal visas.


Undocumented. Individuals who are in the country without permission or illegally are called undocumented. This means they do not have permission to live in the U.S. They are not authorized to work and they have no access to public benefits like health care or a driver's license. Any individual who is undocumented runs the risk of being deported or having deportation proceedings started against them at any time. This creates a highly stressful and unstable living situation. There are two ways people can become undocumented. One is to overstay a legal temporary visa and the second is to enter the U.S. without going through a port of entry. Estimates of the number of undocumented people in the US range from 10.5 to 12 million (Brookings).


Deferred Action for Childhood Arrivals (DACA). DACA is an administrative relief (executive order) that protects eligible immigrants from deportation who came to the United States illegally when they were young children. DACA gives undocumented immigrants protection from deportation and a work permit. The program requires that the DACA status and work permit be renewed every two years. Congress has not provided a legal path to citizenship for these individuals. They typically were brought to the US by their undocumented parents when they were very young. They have attended US schools and college but remain undocumented. The US is the only country that they really know. I have had many of them in my classes at the university. There are more than 800,000 DACA recipients. I note that the 5th Circuit of Appeals is currently deciding the legality of DACA. It is important than any comprehensive immigration reform by Congress provide a pathway to citizenship for these individuals.


Information taken from several government sites including the State Department, the Brookings Institute, and from several immigration lawyers that I know.

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