Benefits of Becoming a U.S. Citizen
Posted Feb 08, 2002
In our January 18, 2002 article entitled Dual Citizenship Possible for Indian Nationals, we reported a change in Indian law that may well encourage more persons born in India to apply for U.S. citizenship. For eligible individuals from all countries, in addition to becoming a part of this proud nation, U.S. citizenship has a number of practical benefits.
Basic Eligibility Requirements for Naturalization
In order to be eligible to apply for U.S. citizenship, one must be a U.S. permanent resident for a period of five years. This period is reduced to three years for persons married to U.S. citizens. Additionally, there are requirements as to the amount of time the applicant must have been physically present in the U.S. during the three- or five-year period. The applicant must also establish that s/he is of good moral character. Issues to be considered with respect to good moral character include any criminal involvement, whether the person has complied with U.S. tax laws and whether s/he has supported his spouse and/or minor children. With limited exceptions, the applicant must also pass an English and U.S. History / Civics test. We will publish a detailed article on requirements for naturalization next week in the MurthyBulletin and on MurthyDotCom. We also provide sample questions on our WebSite.
The Right to Vote
When considering the benefits U.S. citizenship, people often think about the right to vote -- an enormous privilege extended only to U.S. citizens. Permanent residents can reside in the U.S. indefinitely and are subject to the taxes and laws of the U.S., however, they cannot vote for the officials who determine the laws that are in effect. Citizenship bestows the privilege to participate in government by electing those who create and debate legislation.
Reuniting Families
Citizens are also provided the ability to petition for certain family members without extended delays. Under the family preference system the U.S. limits the number of visas issued in each family category every year. This means that there are substantial waiting times for visa numbers in certain categories. Citizenship can either eliminate or reduce this waiting time. Certain relatives of U.S. citizens are considered "immediate relatives": spouses, parents and minor, unmarried children. For these people, there is no limit to the number of visas issued each year. There are also certain other privileges that are extended to immediate relatives that may eliminate barriers to their obtaining permanent residence in the U.S., for those who are already present in the U.S. under some alternative status.
With respect to applying for relatives, petitions for spouses and parents are the most common. If a permanent resident marries someone who resides outside the country, the spouse is categorized under Family Second Preference (F2A). The spouse cannot enter the U.S. through the family petition until there is a visa available in the F2A category and the wait can be seven years or more. However, if the petitioning spouse naturalizes, the beneficiary spouse can come off the waiting list and immediately apply to process for an immigrant visa. Many people want to bring their parents to the U.S. so that they can reunite the family and care for their parents as they age. Permanent residents cannot petition for their parents. Only U.S. citizens are given this privilege.
Protecting your Children's Right to Remain in the U.S.
Naturalization of the parents of minor children can extend citizenship to the children by function of law. Permanent resident children under the age of eighteen, who are in the lawful legal and physical custody of the naturalizing parent/s, automatically become U.S. citizens upon the naturalization of their parent/s. Additionally, a U.S. citizen parent can request a certificate of citizenship, in certain instances, for children who are not permanent residents. Therefore, the naturalization of the parents before children reach the age of eighteen can confer citizenship upon the children.
In Cases Involving Illegal Activity
Everyone present in this country has an obligation to abide by the laws of the U.S. However, the benefits of citizenship are especially significant in the event of any illegal involvement. Many immigration lawyers have received the tearful call from a parent or spouse whose family member has found him/herself in legal trouble and is facing removal. If the offender is a permanent resident, s/he is subject to deportation from the U.S. There have been instances when an adult child, brought to the U.S. at a young age, with no memories of her/his country of origin or native language, has been faced with removal from the U.S. for illicit activity. Permanent residents remain subject to the jurisdiction of the INS and the Immigration Courts and can be removed (or deported) for criminal activity. If a permanent resident is accused of a crime, not only does s/he have to defend him/herself in criminal court, but s/he also has an immigration problem.
Travel Issues
Many green card holders who may have put off filing for citizenship are deciding to go ahead and take that step so that they will be able to travel as U.S. passport holders. U.S. citizens can travel freely into and out of the U.S. Travel also becomes more convenient as a U.S. citizen because many countries do not require visas of U.S. citizens. In addition to having fewer problems returning through customs, they are not restricted as to the time they can spend outside of the U.S. Permanent residents can be deemed to have abandoned their permanent residence, if they do not spend sufficient time in the U.S. The INS has established that any absence of 180 days or longer could break the continuity of residence of a permanent resident to file for U.S. citizenship and the burden is on the naturalization applicant to overcome that burden.
The green card is the appropriate document for reentry into the U.S. after temporary absences not exceeding one year. However, merely returning once a year or even periodically does not "revalidate" the green card. The INS can make a determination that the individual has abandoned his or her permanent residence. For extended absences, the permanent resident must obtain a reentry permit. This reentry permit is valid for absences up to two years. The extended travel can become an issue for persons who work in an international field or who are offered overseas positions. It also can become a problem for persons who need to care for family members in other countries. Additionally, older people who are retired sometimes wish to travel for extended periods of time. Sometimes, health problems arise that make it difficult or impossible for them to return to the U.S. for months at a time. As U.S. citizens, such persons are allowed to live abroad without jeopardizing their citizenship status.
Further details regarding requirements for naturalization, as well as exemptions from the English, civics, and history test requirements will be covered in later issues of the MurthyBulletin as well as on MurthyDotCom. © The Law Office of Sheela Murthy, P.C.
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