For those who enter the country illegally, the case varies greatly. If you enter the country without being inspected and/or interviewed by Border Patrol/Customs and don’t get caught, applying for an adjustment of status will result in a much longer, more difficult process. The applicant will have to have their green card meeting outside of the country and can be barred from re-entry, meaning they would have to leave the country for a certain amount of time. Depending on how long you’ve remained in the country, you may have to leave up to 10 years before returning and applying for a new visa, even if your child is a U.S. citizen. If you stay up to a year you would be barred re-entry for three years but if it surpasses a year you would be barred re-entry for 10 years before entering the country again with a visa. The difficult thing about this as well if you came here illegally, is even if you manage to stay in the country, your child would still need to be able to financially sponsor you as well. This is what makes the process difficult for most immigrants who come illegally.
However, there are many legal resources available for immigrants who need it, whether they came into the country illegally or not. Many of these resources are available pro bono. For example, organizations like Unlocal Inc. and NYLAG provide free legal and honest services to immigrants in NYC, regardless of your immigration status.
The process of obtaining citizenship in the United States begins by becoming a permanent resident and obtaining a green card. Once completed, immigrants will have to live in the U.S. for five years, before they can apply for citizenship. They must be 18, have good moral character, the ability to speak, read, and write basic English, understand the principles of the U.S. Constitution and the U.S. history and government, and take an oath to the U.S. With those, a green card holder can apply for naturalization, which is when a foreigner is granted U.S. citizenship. It’s important to make sure all legalities are in order, to avoid complications and possible barring, deportation, and/or detainment. An application form and a $725 fee must be submitted to the USCIS. This is followed by a biometrics screening, where the applicant’s fingerprint and photograph are taken followed by an in-depth background check and cross-check. All checks must be cleared before the interview can be conducted. After the interview is completed the applicant must take the Civics and English tests. Finally, the applicant takes the oath of allegiance to the U.S. and officially becomes a citizen. With all the steps to take to become naturalized, the full process can take a year or more.
Additional resources:
Becoming a citizen through naturalization is a process in which a non-U.S. citizen voluntarily becomes an American citizen. U.S. citizens owe their allegiance to the United States, are entitled to its protection, and should exercise their rights and carry out responsibilities as citizens.
To become a U.S. citizen, you must:
For additional information on your Pathway to Citizenship visit: https://www.uscis.gov/