Here are the five most important things you need to know about immigration and citizenship law:
1. To naturalize, you must have been a permanent resident (green card holder) for five continuous years, three years if you have been married to and living with the same U.S. citizen spouse while a permanent resident. Special rules apply to asylees, refugees, active military service members and veterans.
If you have been abroad for more than six continuous months, you may need to explain why you were away so long. If you have been abroad for a continuous year or longer, speak to an immigration law expert before applying for U.S. citizenship.
2. If you have one of these family members, you may qualify for a green card: the spouse of a U.S. citizen or permanent resident, son or daughter of a U.S. citizen (married or single), unmarried son or daughter of a permanent resident, and brother or sister of a U.S. citizen.
Children born “illegitimate” often count as “children” or “son or daughter” when U.S. Citizenship and Immigration Services considers a parent/child relationship.
3. If you saw an immigration officer when you last entered the United States, you can interview here for permanent residence, the process called “adjustment of status,” if you are the spouse of a U.S. citizen, parent of a U.S. citizen age 21 or older, or the unmarried child under 21 of a U.S. citizen. That’s true no matter your status before or after that last entry.
4. If you got your green card before age 18, and one of your parents was a U.S. citizen or became a U.S. citizen before you turned 18, you may have become a U.S. citizen automatically through a parent.
5. Only a lawyer, a paralegal supervised by a lawyer, or an individual accredited by the Board of Immigration Appeals is authorized to give you immigration legal advice.
Immigration law is complicated. Really complicated. If you want help finding a representative, call us next week. We will help you find a reputable free or low-cost legal service provider near you. We can also direct you to immigration law lawyer referral lists.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, NY, 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.
