Misconceptions about Immigration and Citizenship

Berger and Berger immigration attorneys set the record straight

Citizenship and immigration are far more complex than many people realize. You may feel that you can handle these issues for yourself. However, most people who successful immigrate within the law and go on to achieve citizenship do so with the assistance of experienced immigration lawyers.

Immigration myths

Immigrants who have entered the United States illegally will be deported upon seeking citizenship.

Not true. The government would rather see an immigrant achieve naturalization than be deported. If you or your family member is living in this country without a visa or a green card, becoming a citizen will end your constant fear of deportation. Speak to an immigration attorney to learn about your naturalization options.

Immigrants who enter this country on a tourist visa become legal residents if they get a job.

False. A person who remains in the United States on a visa overstay is considered an illegal immigrant. Such a person who takes a job is simply an undocumented worker. But immigrants have many options for achieving citizenship. If you are working in this country without a green card or visa, contact an immigration lawyer.

Misconceptions about citizenship

A person automatically gains citizenship by marrying a U.S. citizen.

No. There are many steps to gaining citizenship through marriage:

• If you are not already in this country, you must enter on a K-1 fiancé visa.
• After you marry, you must file for Adjustment of Status to receive a temporary Green Card and become a conditional permanent resident.
• When you have been married for two years, you can apply for Removal of Conditions to become a permanent resident.
• If you remain married for three more years, you can proceed with the naturalization process.

After following the above steps, you may fill out a citizenship application. The entire process is complex, and the help of an immigration lawyer is highly recommended.

Legal permanent residents become citizens after five years by filling out a simple form.

False. To become naturalized after holding a green card for five years, you must take a naturalization test. There are more than 100 questions regarding U.S. history and civics. Extensive study and preparation is required to pass this test. Also, though speaking English is not a condition of citizenship, it would be very difficult to pass the naturalization test without being able to read and write in English.

Get the facts about immigration law

If you have any questions regarding visas, labor certifications, employment-based immigrant visas, or other immigration-related matters, feel free to contact the staff at Berger and Berger. We can be reached by telephone at (716) 568-4451.