Becoming a Citizen: Quick Facts

Miguel Angel, with his parents and ILCM staff member after becoming a citizen.

Every year, hundreds of people come to the Immigrant Law Center of Minnesota for help in becoming a citizen. The process can be long and complicated. Here are a few quick facts about citizenship.

  • Anyone born in the United States is  a citizen.
  • Someone who is born to a U.S. citizen parent is a citizen (usually).
  • For someone who is not a U.S. citizen by birth, the process of becoming a citizen is called naturalization.
  • Applying for citizenship requires a 20 page form with 18 pages of instructions, and numerous documents such as birth certificates, marriage certificates, divorce decrees, tax returns, pay stubs, etc.
  • The application fee is $725.

Who can apply?

While there are some exceptions for spouses of U.S. citizens, immigrants serving in the U.S. military, and children, the general requirements are that the immigrant applying for citizenship must:

  • Be at least 18 years of age;
  • Be a lawful permanent resident (green card holder);
  • Have resided in the United States as a lawful permanent resident for at least five years (three years for spouses of U.S. citizens);
  • Have been physically present in the United States for at least 30 months;
  • Be a person of good moral character;
  • Be able to speak, read, write and understand the English language;
  • Have knowledge of U.S. government and history; and
  • Be willing and able to take the Oath of Allegiance

The catch comes in legal residence requirement, also known as having a green card. In order to become a citizen, you first have to get that legal permanent resident visa. You may have heard people asking, “Why don’t they just get in line?” For most people, there is no line, no way at all to get in. (For more information, see Getting to Know New Minnesotans, Part Three: Who Can Get in Line?)

How long do you wait?

For permanent residents who qualify and apply, the line from application to citizenship can be very long. In 2017, the backlog of citizenship applications to the U.S. Citizenship and Immigration Services (USCIS) grew to 735,000. The official USCIS calculator says someone in Minnesota who files a completed N-400 form and all necessary documents will wait 15-19.5 months for a decision. The wait time varies from state to state, and in some places is as long as two years.

Despite the obstacles, immigrants persevere. According to the most recent USCIS information:

  • In 2016, 8,573 Minnesota immigrants became U.S citizens.
  • In the entire country, 753,060 immigrants became U.S. citizens.
  • Almost half of all Minnesota immigrants are U.S. citizens.

Facts About Immigration Courts

Photo by www.weisspaarz.com, used under Creative Commons license

The immigration court system is operated by the Department of Justice’s (DOJ) Executive Office for Immigration Review (EOIR), under the power of the Attorney General.

El Consulado Móvil Guatemalteco Visitará Minneapolis

El consulado móvil guatemalteco visitará Minneapolis los días 18 y 19 de agosto. Detalles en pdf adjunto. (Ingles abajo)

Consulado Movil en Minneapolis Minnesota 18 y 19 agosto

The Guatemalan consulate will visit Minneapolis on August 18 and 19, 2018. They will be at the Church of the Ascension, 1723 Bryant Avenue North, Minneapolis from 8 a.m.-4 p.m. on Saturday, August 18 and from 8 a.m.- noon on Sunday, August 19.

The mobile consulate will accept applications for passports, for consular ID cards, and to register Guatemalan citizenship for children born in the United States with a Guatemalan father or mother. Some other forms will also be processed. For more information, call (312) 540-0781 or 1-844-805-1011

 

United States Must Extend Temporary Protected Status for Somalis

July 13, 2018 – As Somalia struggles with civil strife and bombings, the United States must extend the Temporary Protected Status (TPS) for Somalis living here with that status. Their TPS is set to expire on September 18, 2018. The Department of Homeland Security will issue a decision on whether or not it will extend TPS by July 19.

Temporary Protected Status for Somalis was first established in 1991, and has been extended since then.  The U.S State Department tells Americans not to travel to war-torn Somalia, warning that if you do go to Somalia, you should first make a will, leave a DNA sample (presumably so your remains can be identified), and “discuss a plan with loved ones regarding care/custody of children, pets, property, belongings, non-liquid assets (collections, artwork, etc.), funeral wishes, etc.”

When Somali TPS was last extended in 2016, the Federal Register notice said, “Somalia continues to experience a complex protracted emergency that is one of the worst humanitarian crises in the world.” The situation inside Somalia has not significantly improved since then.

“The Department of Homeland Security must extend TPS for all Somalis who currently have that status, and should also redesignate TPS to allow others to apply,” says ILCM Executive Director John Keller. “Previous DHS decisions ended TPS for about 300,000 people from countries including El Salvador, Haiti, Honduras, Nicaragua, Nepal, and Sudan. People with TPS have lived here for decades, working, contributing to their communities, and raising families. Ending TPS means separating mothers and fathers from 273,000 U.S.-born children. Congress must act to create a path to permanent legal residence for all people with TPS.”

“The current political and humanitarian conditions in Somalis qualify for TPS to be reinstated in Somalia”, says Council on American Islamic Relations-Minnesota Executive Director Jaylani Hussein. “Minnesota is home to the largest Somali American community and home to TPS holders. Today, these families and their communities are urging for Congress to pass legislation that provides permanent status for these hardworking families.”

 

Alert to immigrants from Burma and Laos

July 12 – The U.S. State Department this week increased pressure on  Laos and Myanmar (Burma) to issue travel documents that would enable the United States to deport people to those countries. On July 10, in a move to put pressure the two governments, the State Department ordered visa restrictions on some government officials, employees, and family members in Myanmar (Burma) and Laos. While deportations to these two countries still remain on hold, it is not possible to tell if or when that may change.

Minnesota is home to one of the largest populations of Hmong residents and citizens of Laos. For decades, Laos has been unwilling to accept Hmong Lao citizens who have been ordered deported by the United States. Many Hmong community members believe because they came as refugees or because they provided military service to the United States, they cannot be deported. This is not true.. Both the Obama and Trump administrations have sought to convince Laos to accept deportees. This current move marks renewed effort by the United States to change the deportation acceptance policy in both countries.

Legal permanent residents, refugees, and asylees are in danger of deportation if they have been charged, convicted, or pled guilty to certain crimes. Anyone from Laos or Myanmar who has been ordered deported by an immigration judge, no matter how long ago, is the focus of this new push by the Administration.

“Anyone already ordered deported or in danger of deportation should seek legal counsel from a deportation defense expert immediately,” said John Keller, executive director of the Immigrant Law Center of Minnesota. “These are complicated cases, some spanning many years with many changes of law and procedure. Only qualified deportation defense attorneys have the experience to give the needed representation.”

“No one should be complacent because of a country’s past refusal to accept deportees,” said Keller. “Under our current strict and unforgiving deportation laws, it does not matter if you came as a child or as a refugee. It also doesn’t matter if you assisted U.S. forces in the war in Vietnam, or have U.S. citizen children or spouses. As we’ve seen with Cambodia and Vietnam, countries under extreme U.S. pressure often change their policies and begin accepting their citizens whom the United States has ordered deported. Laos or Myanmar’s  current refusal to accept their citizens could change at any time under continuing U.S. pressure. The best thing anyone who is at risk for deportation can do right now is to proactively seek qualified, expert deportation defense. They need legal advice to examine both the past history of the case and any potential new defenses to deportation.”

The Southeast Asia Resource Action Center denounced the DHS announcement, saying in part:

“The Department of Homeland Security (DHS) justifies this policy shift by emphasizing the potential release of those with criminal convictions due to their inability to deport from the United States. What DHS fails to mention is that a majority of these community members are lawful permanent residents who came into the country as refugees, and have already served their time in prison for old convictions, transformed their lives, contribute to their communities, and now support U.S. citizen families. This misguided and false guise of national security does nothing more than to fuel an anti-immigrant agenda determined to keep families separated.”

The Trump administration has targeted permanent legal residents for deportation because of current arrests or even because of years-old criminal convictions. Some immigrants from Burma and Laos and other “recalcitrant countries” have had orders of deportation entered, but have not been deported because their countries of nationality would not issue travel documents.

“Ultimately, without a travel document issued by an alien’s home country to confirm identity and nationality, ICE cannot complete the removal process of most aliens, with very limited exceptions,” the Department of Homeland Security said in a July 10 press release.

Burma and Laos were already on the U.S. recalcitrant country list, and this week’s visa sanctions mark a higher degree of pressure. The recalcitrant country list includes Cuba, China, Eritrea, Iran, Cambodia, Hong Kong, Laos, Myanmar and Vietnam.