Law & Legal & Attorney Human rights

Guide to Emigrating

    Entry to the U.S.

    • It is always best to enter the U.S. legally, as unlawful entry makes the process of applying for permanent residency, also known as a Green Card or Permanent Residence Card, much more difficult. In fact, in some cases it is impossible to apply for a change in status. In order to enter the U.S. legally you must secure a tourist, refugee or guest worker visa.

    Residency Requirements for Green Card Holders

    • Once an individual has been granted permanent residence status and has a Green Card she becomes eligible to apply for citizenship after a period of residency. In general, a person must reside in the U.S. for five years. Trips abroad are allowed but must be shorter than six months.
      Residency requirements for the spouse of a U.S. citizen is only three years, as it is for people serving in the armed forces.

    Naturalization Process

    • Once residency requirements have been fulfilled, the process of applying for U.S. citizenship can begin. During this process, the moral character of the applicant is assessed. An individual can be denied citizenship for, among many others: crimes of moral turpitude; conviction of two or more crimes with the total sentences exceeding five years; violation of narcotics laws; being a habitual drunk; and practicing polygamy.
      In most cases, applicants must speak English during the required interviews, though exceptions are made for the elderly or those with a physical disability. Once the application has been approved, the individual must take the U.S. Oath of Allegiance.



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