Legal 
Residents Card

         The pathway to citizenship in the United States of America is an extensive but rewarding process for those who chose to embark on the journey. It does not happen overnight, in fact, it often takes years from entering the U.S. to go to the Oath of Allegiance ceremony, the last step (Immigration Advice Service). Each country has its immigration process and policies, and learning about each detail as one goes can be extremely difficult for those who have no experience migrating. Those seeking citizenship must understand what they will experience, hence the role of immigration attorneys. Arguably the most important part of the immigration process is obtaining a lawful permanent residence card, most commonly referred to as a green card. It allows one to live in the United States and grants the ability to work permanently, however, can be taken away if crimes are committed (U.S. Citizenship and Immigration Services). Everyone looking for citizenship must get a green card first, as it is the basis for all potential citizens. There are a handful of ways to receive a green card, and a lawyer would explore the options available to their respective client. The availability is situational; the three main ways to obtain citizenship are through family, asylum, and employment. Having a deep understanding of the American legal and immigration system and how to get a green card will give any interested immigrants a helpful head start to citizenship.

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Family Sponsorship: Though getting a green card is a different process for all, one of the most common ways immigrants can acquire one is through family sponsorship. Within the family, sponsorship comes different paths that can be taken. “The family-based green card is one of the most popular ways to become a U.S. lawful permanent resident. Despite this popularity, however, the process is not as straightforward or fast as many people perceive it to be” (Visa Nation, 2022). Getting a family-based green card is typically easier and faster if the sponsor is a U.S. citizen, however, it still can be granted to those who are sponsored by a permanent resident. There are two main paths for someone who wants to receive a green card this way, those being immediate relative and preference relative. Immediate relatives include spouses of U.S. citizens, unmarried children of a U.S. citizen who are under the age of 2, an orphan adopted abroad, an orphan to be adopted in the United States by a U.S. citizen, and Parents of U.S. citizens, if the U.S. citizen child is at least 21 years old. The qualifications listed above have the most favorable possibility of accessing a green card (Immigration Advice Service). There are multiple levels to the next family-based sponsorship, that being preference relatives. First family preference is unmarried children of any age of the U.S. citizen, second preference is spouses and unmarried children of Green Card holders and unmarried sons and daughters of green card holders who are at least 21 years old, third is married children of a U.S. citizen, and finally, fourth is Sisters and brothers of U.S. citizens where the U.S. citizen is at least 21-years-old (Immigration Advice Services). Some of these methods are given a preference over others as “there is a quota placed on those applying for a Family Based Green Card as a preference relative” and unfortunately one “can be waiting many years to receive a Green Card” (Immigration Advice Services). Those who are looking to be a sponsor must prove that they have close relations with the immigrant, have principal residence, and be able to support themselves and their family financially. (Immigration Advice Services). The sponsor will also have to file certain paperwork, including an  I-130 petition and a Visa Application which will be sent to the U.S. Citizenship and Immigration Services. The cost of these forms depends on the route taken but typically ranges from five hundred to two thousand dollars. (Immigration Advice Services). Though this way is a common path to a green card, it isn’t the only option for those interested in becoming American citizens. 

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    Asylum:  A possible alternative to family-based citizenship is seeking asylum, which has smaller eligibility but can be the most efficient way in certain cases. To apply for asylum in America, there are specific criteria that must be met to be granted it. Under a broader frame, those seeking asylum must suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion in the country they currently live in Some examples of this includes imprisoned and tortured political dissidents or supposed undesirables; fired on protesters; victim of a genocide against a certain race; or made sure that members of a certain religion were left out of the political process. (Citizen Path). During this application process, there is a distinct difference in what exactly to apply for based on the current location of the asylee. Depending on where one applied: people outside of the United States must apply for refugee status while those who have already made it to the United States border or the interior (by lawful or unlawful entry) can apply for asylum status. Either way, if granted refugee status or asylum, one can acquire a green card. U.S.C.I.S. will review cases under asylum status to confirm the seeker is: present in the United States, unable or unwilling to return to one’s home country due to past persecution or have a well-founded fear of persecution if one returns, and persecuted due to race, religion, nationality, membership in a particular social group, or political opinion. To apply for asylum and refugee status, one must submit their application within less than a year of living in the United States, and can also apply for family memberships. Unlike other methods, asylum applications do not cost money. One can also work if granted asylum, and does not need a work permit card to do so. If the asylee wants to leave the country, they must fill out an Application For Travel Document. After a year of being in asylum, one is eligible to obtain a green card, however, it is not required in this situation but strongly encouraged because if the conditions of one’s previous country improve, asylum status can be taken away. (Citizen Path). Immigrants’ situations vary vastly, and if Family or Asylum can’t be a reason to get permanent residence, there are other opportunities that anyone can obtain in a matter of time.

 

  Employment:  Employment is another way for immigrants to access permanent residence in the United States and offers several different categories that one could fall under. An employer-sponsored green card is when an employer of a U.S. company offers a job to an immigrant who is willing to be the petitioner for their worker, which requires filling out paperwork on their behalf. The job must be full-time and within the United States. (U.S.C.I.S). Similar to preference family and asylum, there is a quota that puts some aliens before others in the process. First preference workers are those with extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors and researchers, or certain multinational managers and executives. The second preference workers are those who are members of the professions holding advanced degrees or who have exceptional abilities. Third preference workers are skilled workers, professionals, or other workers. Unlike the traditional green card, the employment green card gives ten years to the recipient instead of two, which is the typical amount of time. (Ashoor Law). Within the different levels of employment preferences, there are different wait times for each, varying from two to six years, however, an employer can pay extra to expedite the time (The American Dream). Employment green cards are an opportunity to get a green card if your situation doesn’t allow for a family or asylum. Though the processing time can take longer than the others, this way is often the most straightforward and also allows family members of the immigrant on the employment green card to also receive them. Though there are other ways to be granted a green card, paving the way for naturalization, family, asylum, and employment are often the easiest and most common ways to become a green card holder and eventually a naturalized citizen. 

 

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           The immigration process in America varies from that of other countries, however, it does allow for multiple different ways to enter the country legally. Recognizing and then analyzing the best entry for possible citizens is vital when starting the application process. It is often lengthy, and if there is a way for one to expedite the process through a certain category that is ideal for all parties involved. Immigration attorneys seek the best path to citizenship and help along the way through various forms and paperwork. Though the pathway to becoming an American citizen can be complicated, understanding the different options and exploring varying directions will bring all hopeful Americans closer to the American dream.