Mario Eric Moss - International Lawyer

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U.S. Immigration Law – from Tourist Visits to Citizenship.

by Mario Eric Moss, LL.M.
(October 2012)

Anyone who is not a U.S. citizen and wants to come to the U.S. has to deal with the U.S. laws and regulations on entering and staying in the U.S. This complex area of the law is comprehensively called „Immigration Law“ in the U.S.

Except for visa-free travel under the Visa Waiver Program, which enables citizens of certain countries with a passport and an ESTA to visit the U.S. for up to 90 days without employment authorization, a stay in the U.S. generally requires a proper visitor, work or student visa, depending on the purpose of the stay. However, most visas are only valid for a limited period of time and cannot be renewed indefinitely, which is why they are not long-term solutions for extended stays in the U.S.

A more far-reaching permit to stay and work in the U.S. is the „Permanent Resident“ status that comes with the „Green Card“. For example, qualified persons can obtain this status through an employment-based Green Card petition. Other options for a Green Card are through marriage to a U.S. citizen, or through a petition by a close relative who is a U.S. citizen. Persons who can invest U.S. $500,000 or $1 Million in certain businesses in the U.S. can also get a Green Card. A more cost-efficient alternative, albeit more unpredictable, is participating in the Green Card lottery, which annually makes 55,000 Green Cards available world-wide.

However, even the Green Card comes with certain restrictions on residency rights. For example, U.S. authorities generally require that Green Card holders maintain their U.S. residence, i.e. permanently live in the U.S. as Permanent Residents. Staying outside the U.S. for one year or longer without a “Re-entry Permit” (which is only temporarily available), can lead to the loss of the Green Card. Furthermore, it is in the discretion of U.S. Customs and Border officials to examine whether a Green Card holder possibly abandoned his/her Permanent Residence and therefore lost the Green Card even in case of continuous/longer absences from the U.S. of less than one year.

The only status in the U.S. that provides an unrestricted residence and employment authorization, and that does not cut off the way back to the U.S. even in case of prolonged absences, is U.S. citizenship. Also, U.S. citizens are generally not exposed to the same risk as Green Card holders of losing their right to reside in the U.S. due to certain criminal law-related problems. These are only a few reasons, in addition to the right to vote in the U.S. and other privileges and personal convictions, as to why taking on U.S. citizenship can be of interest. Persons who are not U.S. citizens by birth generally can apply for U.S. citizenship as Permanent Residents five years after receiving the Green Card. If the Green Card was obtained through marriage to a U.S. citizen and the marital union is still intact, a U.S. citizenship application can be filed already three years after obtaining Permanent Resident status.

Some countries do not recognize dual citizenship or have certain requirements and restrictions on dual/multiple citizenship that could result in the loss of the original citizenship(s) when pursuing another citizenship. Therefore, Germans, Austrians and citizens of other countries should obtain country-specific information about the possible consequences for their existing citizenship(s) before applying for another citizenship.

Copyright © 2012 Mario Eric Moss

All rights reserved. Any form of reproduction, in whole or in part, without prior written permission of the author is prohibited.

DISCLAIMER:
This publication is provided for informational purposes only, without any representation that it is accurate or complete and without assumption of liability. This publication does not constitute legal advice and should not be construed as such. This publication does not create an attorney-client relationship between the reader and any other person, nor is it an offer to create such a relationship. This publication is current as of the date written, but laws change over time and vary from state to state and country to country. As a result, the information presented in this publication may not be timely and/or appropriate for any state or country not specifically addressed in this publication. Please consult the author or another attorney if you have questions regarding the content of this publication.