The United States is one hot destination. Whether
the lure is Hollywood, the Statue of Liberty or the
world's highest standard of living, people pour over American borders every day,
searching for a better life. To do either, every one of these people is legally
required to have a visa, issued by the United States Department of State. If
someone comes to the United
States without a
visa, or stays after his or her visa is expired, that person is breaking the
law.
Visas
issued
Two types
of visas are issued by the U.S.
government – immigrant and non-immigrant. Those holding immigrant visas usually
go on to become resident aliens or legal permanent residents, and obtain their
green cards. Most immigrants eventually become citizens of the United States. Non-immigrant visas are issued to
people who return to their homeland when their trip or schooling is completed,
such as tourists or students.
What is
an illegal alien?
The
Immigration and Nationality Act of 1952 defines an alien as a person who is not
a citizen or national of the United States.
In other words, an alien is anyone born in a country other than the United States to parents who are not United States citizens.
An illegal
alien is someone who is living in the United States illegally; either without the correct legal documentation
or by violating the terms of documentation, such as overstaying the time period
specified on a tourist or student visa. Illegal aliens have no legal status in
the United States. Among other things, illegal
immigrants cannot vote, receive social services from federally funded programs,
social security benefits, or hold United States passports.
Illegal
aliens are subject to detainment and deportation at any time, as are legal
aliens if they commit and are convicted of a crime. In many cases however,
unless an illegal alien has committed a crime and been convicted, most are not
detained or removed from the U.S. simply
because they cannot be identified as illegal aliens.
Becoming a naturalized citizen
The
process of becoming a United
States citizen with
full citizenship rights is called naturalization. Overseen by the Bureau of
Citizenship and Immigration Service (BCIS), there are several ways for aliens
to become naturalized. The most common way, used by individuals who hold an
immigrant visa, is to obtain legal permanent resident status by residing in the
country for a period of five years. During this time, a legal alien may not
spend more than six months at once overseas. He or she must be physically
present in the country for at least six months of the year for a total minimum
of two and a half years.
It is
possible to become a permanent legal resident and later, a naturalized citizen
through marriage to a United
States citizen. In
this case, the naturalization period is shortened from five years to three
years, provided the couple has been married for at least three years and the
spouse is still a citizen of the United States.
Other
factors that affect naturalization and eligibility for citizenship include being
at least 18 years old, possessing good moral character and basic reading and
writing skills. Potential citizens are required to understand United States government and history, although
there are some age-related exceptions to the latter two.
After the
application and interview process is completed, the BCIS will grant or deny
citizenship to the individual who has applied. If the BCIS needs more
information before a decision can be made, it will continue the case. Individuals
who have been denied citizenship may appeal.
This
country was built on the strength of its immigrant population. While the face
of the American immigrant has changed and will change over the years, one thing
remains the same: you can enter just as long as you have the correct paperwork
and can follow the State Department's rules.