6 ms·

Tangentially related Q: in the USA there are “illegal” immigrants who have moved into the country. I worry about human rights abuses against these people. What

Tangentially related Q: in the USA there are “illegal” immigrants who have moved into the country. I worry about human rights abuses against these people. What are the methods available for these people to become citizens if they so wish?

geodel 3y ago
Leave the US and apply for US immigration from their own country?
- howinteresting 3y ago
  This is the worst possible advice in this situation. If you're an unauthorized immigrant, DO NOT listen to this advice. Talk to a lawyer instead.
  - EduardoBautista 3y ago
    I did this. I left for Mexico in 2011. Best decision I ever made. Currently typing this message from San Diego, CA too.
morpheuskafka 3y ago
There is not currently any specific "pathway to citizenship" designed for people who are currently in the country illegally. They would have to qualify for a green card on the same basis as anyone else, then apply for citizenship after that. However, they often are not eligible to do so because of their illegal prescence. If one has been in the US illegally, as an adult, for more than 180 days, they have a three-year ban. After one year it becomes a 10-year ban. This applies to both visiting and immigration. They have to return home (or another country) to serve the ban before getting a visa to return. One notable exception to this rule is marrying a US citizen, but only if the initial entry was legal (i.e. visa overstay, not border jumping). Being a parent of a US citizen also works, but the child has to be 21 first. Being a parent of a US citizen under 21 has no immigration benefits.
- Laaas 3y ago
  The child rule makes no sense to me. What was the motivation?
  - howinteresting 3y ago
    The idea is that adults can sponsor their parents for a green card but children cannot. Of course it makes absolutely no sense given the disruption to US citizen children's lives if their parents are deported, but US immigration generally is quite cruel if you're on the margins.
    - Detrytus 3y ago
      I think parents of US citizen children cannot be deported for that exact reason: it would leave the child without a parent. That's why they are called "anchor babies". But of course if they leave the US willingly (e.g. traveling to their home country) they will be banned from ever coming back.
      - EduardoBautista 3y ago
        > I think parents of US citizen children cannot be deported for that exact reason: it would leave the child without a parent. That's why they are called "anchor babies". Yes, they can be deported. This has affected me personally and other members of my extended family.
  - morpheuskafka 3y ago
    I'm almost certain that the reason is to prevent people from entering the US as a visitor when pregnant, having a child, and then immediately being able to have the one-day old child petition for the parents. Or having a child while facing removal proceedings. As it stands currently, the child still becomes a citizen immediately, but cannot petition the parents until they are an adult. If the rule stays, then US citizen children can be left with no adults in their life legally able to raise them in the US. On the other hand, if having a child in the US becomes an automatic ticket to citizenship, there will be a significant increase in children being born for this reason only that may be neglected, and people who want to overstay and are willing to have a child are basically guaranteed the ability to do so. Another side effect if removed would be that the US border folks may be unwilling to admit pregnant visitors even with very legitimate reasons, because they know there is nothing to stop them from obtaining a green card if desired. edit to clarify: even without this rule, you have to have entered legally, so just illegally crossing and immediately having a child wouldn't work--you would have to enter as a tourist or otherwise.
howinteresting 3y ago
Marrying a US citizen is the only practical way forward for most people. And on top of that, it is only available to people who entered legally initially (which is around 50% of unauthorized immigrants if I remember correctly). It is deeply tragic.

geodel 3y ago

Leave the US and apply for US immigration from their own country?

howinteresting 3y ago
This is the worst possible advice in this situation. If you're an unauthorized immigrant, DO NOT listen to this advice. Talk to a lawyer instead.
- EduardoBautista 3y ago
  I did this. I left for Mexico in 2011. Best decision I ever made. Currently typing this message from San Diego, CA too.

morpheuskafka 3y ago

There is not currently any specific "pathway to citizenship" designed for people who are currently in the country illegally. They would have to qualify for a green card on the same basis as anyone else, then apply for citizenship after that. However, they often are not eligible to do so because of their illegal prescence. If one has been in the US illegally, as an adult, for more than 180 days, they have a three-year ban. After one year it becomes a 10-year ban. This applies to both visiting and immigration. They have to return home (or another country) to serve the ban before getting a visa to return. One notable exception to this rule is marrying a US citizen, but only if the initial entry was legal (i.e. visa overstay, not border jumping). Being a parent of a US citizen also works, but the child has to be 21 first. Being a parent of a US citizen under 21 has no immigration benefits.

Laaas 3y ago
The child rule makes no sense to me. What was the motivation?
- howinteresting 3y ago
  The idea is that adults can sponsor their parents for a green card but children cannot. Of course it makes absolutely no sense given the disruption to US citizen children's lives if their parents are deported, but US immigration generally is quite cruel if you're on the margins.
  - Detrytus 3y ago
    I think parents of US citizen children cannot be deported for that exact reason: it would leave the child without a parent. That's why they are called "anchor babies". But of course if they leave the US willingly (e.g. traveling to their home country) they will be banned from ever coming back.
    - EduardoBautista 3y ago
      > I think parents of US citizen children cannot be deported for that exact reason: it would leave the child without a parent. That's why they are called "anchor babies". Yes, they can be deported. This has affected me personally and other members of my extended family.
- morpheuskafka 3y ago
  I'm almost certain that the reason is to prevent people from entering the US as a visitor when pregnant, having a child, and then immediately being able to have the one-day old child petition for the parents. Or having a child while facing removal proceedings. As it stands currently, the child still becomes a citizen immediately, but cannot petition the parents until they are an adult. If the rule stays, then US citizen children can be left with no adults in their life legally able to raise them in the US. On the other hand, if having a child in the US becomes an automatic ticket to citizenship, there will be a significant increase in children being born for this reason only that may be neglected, and people who want to overstay and are willing to have a child are basically guaranteed the ability to do so. Another side effect if removed would be that the US border folks may be unwilling to admit pregnant visitors even with very legitimate reasons, because they know there is nothing to stop them from obtaining a green card if desired. edit to clarify: even without this rule, you have to have entered legally, so just illegally crossing and immediately having a child wouldn't work--you would have to enter as a tourist or otherwise.

howinteresting 3y ago

Marrying a US citizen is the only practical way forward for most people. And on top of that, it is only available to people who entered legally initially (which is around 50% of unauthorized immigrants if I remember correctly). It is deeply tragic.