U.S. Immigration

VISAS

A citizen of a foreign country, wishing to enter the U.S., generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence.  The type of visa you must have is defined by immigration law, and relates to the purpose of your travel.

GREEN CARDS

A "Green Card" gives you official immigration status (Lawful Permanent Residency) in the United States.

Who needs to apply?

Lawful Permanent Residents who were issued an Alien Registration Receipt Card (Form I-551), commonly known as a "Green Card," with a ten-year expiration date on the front of the card and the card is either expired or will expire within the next 6 months.

When do you apply for a renewal card?

You may submit your Form I-90, Application to Replace Permanent Resident Card, up to six (6) months prior to the expiration date on the I-551 card.

DEPORTATION

Deportation is the formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated.

Prior to April 1997 deportation and exclusion were separate removal procedures.  The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures.  After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability.  Now called "Removal", this function is managed by U.S. Immigration and Customs Enforcement.

CITIZENSHIP

A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection.  In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.

The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli.  Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.

Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents).  The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis.  These laws are contained in the Immigration and Nationality Act.

For further information regarding the Immigration and Nationality Act, please contact us at Roger P. Croteau & Associates, Ltd.