lawyer explains why immigrants dont become.citizens

by Kirstin Hansen 10 min read

Why is it hard to become a legal immigrant?

Becoming a U.S. citizen shouldn't be so hard, but it is due to the long processing time, financial and personal costs, and the fact that most immigrants do not have a direct relative that is a citizen of the United States. The requirements of USCIS are also very complex and may not be understandable to outsiders.

Why is it so difficult to immigrate to the US?

The demand from both family members and workers who want to immigrate to the United States is typically higher than the number of slots available each year. In addition, there is a maximum number of employment-based and family-sponsored preference visas that can be issued to citizens of any one country each year.

What does the US Constitution say about immigration?

The clause states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

How can Mexicans come to the US legally?

In most cases, someone must sponsor you or file an immigrant petition for you. Wait until the petition is approved and a visa is available in your category. Then apply for an immigrant visa. Do this through a U.S. consulate abroad.

How hard is it to immigrate to the US legally?

You can come to the US legally if a family member (including a new spouse) sponsors you, an employer sponsors you, or you are seeking asylum as a refugee. The next step is submitting the relevant applications and paperwork, which could take as many as six months to process.

Why does it take so long to become a U.S. citizen?

Why Does Getting U.S. Citizenship Take So Long? The United States Citizenship and Immigration Services (USCIS) receives many applications each year and takes time to review each one carefully. Because of the high scrutiny they have for each application, it can take many months before they finally get to yours.

Does the Constitution restrict immigration?

“It's notable that nowhere in the Constitution is there listed any power of the federal government to restrict immigration … It was only in 1889 in the Chinese exclusion cases that the Supreme Court ruled that there was such a power.”

What was the first law to restrict immigration?

The Chinese Exclusion ActThe Chinese Exclusion Act was approved on May 6, 1882. It was the first significant law restricting immigration into the United States. In the spring of 1882, the Chinese Exclusion Act was passed by Congress and signed by President Chester A. Arthur.

Does the President control immigration?

As chief executive, the president not only has the duty to enforce laws, but also the authority to decide how to do so. Every law enforcement agency, including the agencies that enforce immigration laws, has “prosecutorial discretion” — the power to decide whom to investigate, arrest, detain, charge, and prosecute.

Can I get a green card if I entered illegally?

If you entered the United States illegally (as opposed to overstaying), you cannot apply for a green card from inside the United States.

How hard is it for a Mexican to get citizenship?

Obtaining citizenship in Mexico usually requires you to be resident for 2 to 5 years depending on your situation. You'll also need to prove you can speak Spanish and have a reasonable understanding of the history and culture of Mexico.

What is the penalty for entering the US illegally?

Section "1325(a) is a regulatory offense, and thus knowledge of alienage is not an element." The maximum prison term is 6 months for the first offense with a misdemeanor and 2 years for any subsequent offense with a felony. In addition to the above criminal fines and penalties, civil fines may also be imposed.