America is known as the great melting pot, mixing people and cultures from all over the world. In 1850, when the US began taking data on nativity, the country held 2.2 million immigrants, and it is no different today. In 2023 alone, over 10.4 million temporary visas for tourists, and international students were issued, and over 969,000 immigrants became legal citizens in 2022. Although there have been record high numbers of immigrant arrivals and a strain on the legal process recently, there are pathways and qualifications for an immigrant to become a legal US citizen, remain in the country, and live a productive life.
Naturalization
To become a legal US citizen, there are a few ways to do so. One way is to be naturalized and it comes with a list of requirements. First, you must be 18 years or older to qualify. There are a few exceptions to this rule if there is a child born on non-US soil, however, other than this exception, an immigrant must be of age to qualify. Next, the applicant must have a legal permanent residence for five years. This means a green card has been granted. A green card can be obtained through a sponsorship of family, an employer, a refugee or asylum program, or an individual filing.
Those who seek naturalization must also demonstrate good moral character. Any felony, criminal charges, or even foreign criminal actions that could be considered crimes in the US can be used to deny citizenship. In addition to character, the applicant must be able to demonstrate proficiency in the English language. During the naturalization interview, an official will test the proficiency of speaking, reading, and writing English. There is a medical disability exception to this qualification, as well as those who are older than 55 and have lived in the US for over 15 years. The Civics Test is also administered, which assesses US history and government.
An applicant must have continual presence in the US for three years prior to applying and swearing allegiance to the US. If the applicant served honorably in the military, they can also be granted citizenship.
For children not born in the US, they may be “derived” automatically if a) at least one parent is a naturalized citizen, b) they have lawful US resident status, or c) they must be in legal custody of their parent.
DACA (Dreamers)
In 2012, the Deferred Action for Childhood Arrivals (DACA) policy was brought forth by the Obama Administration. The policy delays deportation of undocumented immigrants who arrived in the US as children. The policy allows temporary protection from deportation, the right to work, and a possible renewal of qualification every two years. The status can be denied or revoked should the recipient discontinue their work towards legal citizenship. In a major policy shift, the Biden-Harris Administration announced on May 3, 2024, that DACA recipients will be eligible to enroll in health coverage through the Affordable Care Act (ACA) marketplaces starting November 1, 2024. This move aims to provide access to affordable healthcare for over 100,000 DACA recipients who are currently uninsured. This includes eligibility for subsidies and cost-sharing reductions depending on their income. Overall, DACA policy has been under much scrutiny under the Trump Administration in 2017, but DACA is still in legal practice.
To qualify for DACA, a person must meet the following requirements:
● Arrived in the US before the age of 16
● Have been continual residents since June 15, 2007
● Do not have legal immigrant status
● Were present in the US on June 15, 2012 and under the age of 31
● Are currently enrolled in school, graduated, or have been honorably discharged from the military
● Do not pose a threat to national security (do not have a criminal record of any sort)
Remember: DACA does not grant legal status, permanent residency, or citizenship. It is a temporary measure that allows recipients to live and work in the U.S. without fear of deportation. For DACA recipients to gain a pathway to citizenship, Congress would need to pass legislation.
How Can Dreamers Gain U.S. Citizenship?
Some DACA recipients may be able to pursue citizenship through other means, such as:
Family Sponsorship: If a DACA recipient marries a U.S. citizen or legal permanent resident, they may be able to apply for a green card (permanent residency) through family sponsorship. After holding a green card for a certain period, they can apply for citizenship.
Employment-Based Sponsorship: In some cases, DACA recipients may be eligible for employment-based visas that can lead to permanent residency and eventually citizenship.
Asylum or Other Humanitarian Programs: Some DACA recipients may qualify for asylum or other humanitarian programs, which could provide a pathway to permanent residency and citizenship.
So. Cal Immigration Help
The process to citizenship through these alternative routes can be complex and is subject to specific eligibility requirements and legal processes. DACA recipients seeking citizenship should consult with an immigration attorney to explore their options and understand the best path forward based on their individual circumstances. Reach out to Southern California Immigration Lawyer, Saam Borhani, to learn more. Our law office always provides a free consultation, so you have nothing to lose and everything to gain.
The US houses the most international immigrants in the entire world, making up about 20% of all global migrants. Even with its complications, the US still extends the notion of “Give me your tired, your poor, your huddled masses yearning to breathe free.”
Sources:
Dhs.gov
forbes.com
immigrationforum.org
uscis.gov
migrationpolicy.org
Hhs.gov
Openai.com
