Does living for years in the US guarantee my residency?

Does living for years in the US guarantee my residency?

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There is a common misperception among many migrants living in the United States that residing for many years in the country is enough to obtain permanent residence.

Unscrupulous people take advantage of this false belief to offer advice on processes that will supposedly lead the migrant to become a resident. They ask for large sums of money in exchange and thus play with the expectations and resources of those who desire legal status.

However, it is important to clarify that the time spent in the United States is not an automatic requirement to obtain residency. However, some people may be eligible for a process that allows them to obtain it if they have lived continuously for at least 40 years in this country. But, this process has limitations; it is not available to everyone.

When in doubt, it is always important to seek information from official sources and have the advice of lawyers who are experts in migration issues. Be especially careful with people who promise that you will be able to obtain permanent residency just because you have lived in the United States for many years, as you could become a scam victim.

How can you obtain a permanent residence?

The United States government’s official website indicates the steps that must be followed to request, renew, or replace a permanent residence or Green Card. This is the permission granted by the United States government to immigrants with eligible conditions to live and work legally in the country without restrictions.

Depending on the category and the workload of the United States Citizenship and Immigration Services (USCIS), the Green Card application process can take several months or even years, and the steps that must be followed to aspire to obtain permanent residence or green card are the following:

Determination of Eligibility

Among the different categories of eligibility to opt for permanent residence are:

• Residency by family connection: US citizens can favor certain family members to obtain permanent residence in the United States. Eligible family members are the spouse, unmarried children under 21 years of age, and parents, as long as the US citizen is over 21 years of age. There are also other non-immediate family members of a US citizen or legal permanent resident who can benefit in this way. The application fee is approximately $500.
• Employment: Skilled workers, temporary workers, investors, and others, depending on their skills and experience, may qualify to apply for permanent residence in the United States. The application fee ranges from $700 to $3,500.
• Special Immigrants: Temporary nonimmigrant religious workers and employees of international organizations may qualify for a residency.
• Refuge or asylum: People who have suffered persecution in their country of origin for race, religion, nationality, and political reasons may qualify for permanent residence since they generally cannot return to their countries for fear of their safety. To apply for asylum in the US, it is necessary to meet the definition of a refugee, be in the US, or request it at a port of entry. Granting asylum allows the person who receives it to be eligible to apply for permanent residence after one year.
• Others: victims of human trafficking, people with temporary protected status (TPS), children of diplomats, victims of abuse or extreme cruelty by a US citizen, and visa lottery winners can also become permanent residents. In the latter case, the Green Card assignment is carried out by lottery among the applicants, who must come from countries with low migration to the US. The regulations are published annually. When a new application submission period opens, you can access the Department of State site to obtain all the information related to this.

Application Submission

After evaluating the migrant’s eligibility, the Green Card application is submitted to the United States Citizenship and Immigration Services (USCIS). This step involves completing and correctly submitting a series of forms and documents.

Interview

After approval of the application, the migrant must attend an interview with a USCIS officer. Again, the person’s eligibility is evaluated, and all information that has been submitted is verified.

Approval

In this phase, if the interview was successful, the person will receive a Green Card approval notification mailed to their home address.

Do I need to live a certain amount of time in the US to obtain permanent residency?

To obtain permanent residence or Green Card, which grants the possibility of living legally in the United States for ten years, you must meet a series of requirements, including having lived in the country for five years before applying.

The applicant must also prove that they were physically in the country for at least 30 months in the five years before the application date. In addition, they must prove that they lived in the same district of the United States Citizenship and Immigration Services (USCIS) three months before beginning their process.

However, it is important to insist that even in these cases, the length of residence in the United States does not in itself guarantee obtaining permanent residency. You must meet other eligibility criteria and pass the interview phase.

What are the benefits of having a permanent residence in the US?

In addition to the peace of mind of being in a completely legal situation in the United States, obtaining permanent residence implies a series of advantages and benefits that we summarize here:

• Live and work permanently in the US.
• Apply for US citizenship eventually. If you marry a US citizen, you can opt for naturalization after three years. Otherwise, you must apply after five years.
• Not be deported
• Legal protection
• Sponsor family members
• You don’t need to renounce the nationality of the country of origin
• Travel internationally with ease
• Live and travel anywhere in the US.
• Be eligible for federal benefits
• More job opportunities
• Participate in politics

Just as you can enjoy a series of rights, you must also fulfill a series of responsibilities as a permanent resident, which involves respecting local, state, and federal laws.

The Green Card holders must pay taxes and report their income to the IRS if they wish to maintain their status. Additionally, if you are a man between 18 and 25 years of age, you will be asked to register with the Selective Service. Those who do not comply are exposed to fines or imprisonment.

Likewise, the permanent resident is required to inform the DHS (Department of Homeland Security) of their new address each time they move.

In this context, remember that Green Card benefits can be modified if there are changes in immigration laws and can be lost if the resident commits crimes or violates the laws.

Consult expert immigration lawyers to facilitate your process

Obtaining temporary residency in the United States can be a complex procedure. In addition to being sure you fit the eligibility criteria, you must correctly submit all documentation, and if you qualify, you must attend an interview that will determine whether or not you advance in the process.

Nothing is better than going through all these steps with good advice, which will increase your chances of success and achieving the goal of being a legal resident.

Contact Kannan Law, immigration attorneys in San Diego, to find out if you and your family can apply for residency in the United States. The support of our experts in all phases and our advice for a successful interview can be decisive in your objectives.

Do not hesitate to receive the best advice in a procedure that can mark your future in this land of opportunities.