Here Is One Reason To Do It As
Soon As Possible
by: Justin G. Randolph, Esq.
The importance of seeking US citizenship.
If there is one thing I stress to my clients who have recently
become lawful permanent residents it’s the importance of
becoming a US Citizen if he or she intends to stay in the United
States. I have received many calls from prospective clients who
are long-time permanent residents that have gotten themselves into
a bit of trouble and are at risk of being deported from the only
home they have known for decades and separated from their children
and spouses.
The reason I make sure my clients are thinking about this issue
even though they have just become permanent residents is that as
a resident you have far less rights than a US Citizen. In fact,
other than basic due process rights under the US Constitution your
life in the United States is dictated by the political winds blowing
through Washington D.C. at any given moment and those change frequently.
The provisions of the 1996 IIRAIRA bill have had devastating effects
on many lawful permanent residents and their families by removing
relief and creating new grounds for removal which were retroactive.
In other words, lawful permanent residents were (and are) being
removed for acts they committed, or at least said they committed
as part of a plea agreement, years ago.
The perfect example of this is HR4437 passed by the House of Representatives
this year. This ridiculously harsh bill not only makes it an “aggravated
felony” to be in the United States without status (either
you entered illegally or you fell out of status at some point)
it also makes anyone who assists a person who is here without status
an aggravated felon as well. This is not only applicable to smugglers
as the bill has a separate penalties for those who are assisting
the undocumented or out of status for profit. This bill also applies
to family members, clergy, attorneys, anyone that may do something
(arguably anything as the language of the bill is very broad) that
causes the individual to stay in the United States while out of
status.
As mixed status families (families with some undocumented members
and members who are in the US legally) are common this could create
a situation where not only does the undocumented worker get removed
from the US but the family members who are permanent residents
may be charged with an aggravated felony and subject to removal
as well. Being charged with an aggravated felony may preclude the
family member from seeking any relief from removal and they may
be removed no matter how long they have been in the United States.
On the other hand, a US citizen cannot be removed from the United
States (and would arguably be subject to prosecution as a felon
but it's not clear how much of a realistic risk this is) and that
is why it is important to pursue naturalization if you are eligible
and if you intend to remain in the United States. Particularly
in the sort of anti-immigrant climate we see today.
About The Author
Justin G. Randolph is a practicing immigration attorney in Chicago,
Illinois and is a generally pleasant fellow. He can be reached
through his websites.
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