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Some people say that the United States is a “melting pot,” the assimilation of many different peoples to create one people; others say that the United States is more like a “tossed salad,” a medley of different cultures — each separately identifiable — while still enhancing the common culture. People living here need to be tolerant of all races, religions, and cultures.

      

Although you aren’t legally compelled to perform some of these duties — for instance, no one will take you to jail if you don’t exercise your right to vote — you will deprive yourself of the important benefits of living in the United States if you don’t participate.

Mapping Your Way to America: Typical Ways People Immigrate to the U.S.

      Before you can even think about becoming a naturalized citizen of the United States, you must be a lawful permanent resident of this country. A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. Most adult applicants (those 18 or older) must have been lawful permanent residents of the United States for the five years prior to applying for citizenship. If you’re married to and living with your U.S. citizen spouse, and your permanent residence is based on that marriage, the residence requirement drops to three years, as long as your spouse has been a citizen for the three years prior to your application. (We go over the eligibility requirements for naturalization in further detail in Chapter 3.)

If you were admitted or paroled into the United States by an immigration officer, you were issued or received a Form I-94, Arrival/Departure Record, which shows a specific date when you are required to leave. People who stay in the United States illegally for over 180 days past the I-94 Departure Date and then leave the United States can be barred from reentering the country for at least three years. If the period of unlawful presence was less than a year, then the bar applies for three years (unless you leave voluntarily after removal proceedings start). If the period of unlawful presence was for a year or more, the bar is for ten years.

      U.S Citizenship and Immigration Services (USCIS) won’t count time you spent here illegally before April 1, 1997. Asylees (with pending cases), minors under the age of 18, Family Unity beneficiaries, and battered spouses/children and victims of trafficking (who can prove a connection between the status violation and abuse) do not accrue unlawful presence.

      For further information, USCIS.gov has a detailed web page about Unlawful Presence and Bars to Admissibility with a link to the USCIS Adjudicators Field Guide (ch.40.9.2), which describes special circumstances and remedies. Please consult with an immigration legal service representative about lawful presence issues.

      

Bottom line: Don’t overstay your welcome. If you’re in the United States on a temporary visa and you stay after your visa expires, you’re putting your future chances for lawful permanent residence at risk. Being in the country illegally is grounds for removal and for denial of future immigration benefits. If you are currently in the country illegally, you should seek competent legal advice before leaving the United States to try to secure a visa.

      

To check whether your immigration status is currently legal, rely on your I-94 (Arrival-Departure Record). You receive this document from U.S. Customs and Border Protection (find out more about the CBP in Chapter 2) upon entering the country, or from the USCIS if you extended your immigration status while already in the United States. Many people believe the visa is what determines the amount of time you can stay in the United States, but this isn’t the case.

      The CBP is supposed to give a person the amount of time for which a visa petition is approved, rather than the amount of time the visa is valid — which is sometimes less than the amount of time granted in the petition. Likewise, the CBP can approve entry for a lesser amount of time than the visa would indicate.

      

If you stay in the United States for more time than your I-94 allows, you are out of status, even if your visa indicates a longer period.

      Your visa can say it expires tomorrow, but the airport inspector can stamp your I-94 for six months. On the other hand, your visa can say it’s valid through 2010, but the inspector can stamp you for only one month. The stamp is always your guide.

      

HOW IMMIGRATION LAW DEFINES CHILDREN

      The definition of a child has specific meaning in immigration law. When you read government documents that say, for instance, that you’re able to sponsor “children,” that means you can sponsor an unmarried son or daughter under the age of 21 who was born in wedlock or is your legally recognized stepchild or adopted child. If, on the other hand, an immigration document refers to a “son or daughter,” this refers to a child age 21 or older.

How can you achieve legal permanent residence? Although there are other ways, which we go into in Chapter 3, most people immigrate for one of two reasons:

       To reunite with family members already living in the United States

       To pursue a permanent employment opportunity in the United States

      Reuniting with your family

      In order to use family connections to immigrate to the United States, you must have a close relative already living here who is willing to sponsor you. So how close is close? If your relative is at least 21 years old and a U.S. citizen, born or naturalized, they may sponsor you if you are their

       Husband or wife

       Unmarried child under age 21

       Unmarried son or daughter over age 21

       Married son or daughter

       Brother or sister

       Parent

      Citizens may not sponsor their grandparents, grandchildren, aunts, uncles, cousins, or anyone else.

Legal permanent residents, or green-card holders — those legally living and working in the United States who have not become naturalized citizens — may only sponsor their

       Husband or wife

       Unmarried children of any age

      Legal permanent residents (green-card holders) may not sponsor brothers or sisters, parents, grandparents, grandchildren, aunts, uncles, cousins, or anyone other than their spouse and children.

      But wait, it’s not so easy. Beyond having a willingness to sponsor you, your relative must meet certain criteria in order to be eligible to become a sponsor:

       Your relative must be able to provide documentation of their own immigration status — as a lawful permanent resident or as a United States citizen (born or naturalized).

       Your relative must be able to prove that they can financially support you (and any other family members they are financially responsible for) at 125 percent above the government-mandated poverty level. In other words, in order for a sponsor to bring a relative to live permanently in the United States, the sponsor must be both willing and able to accept legal responsibility for financially supporting

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