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Can you immigrate to the United States?

Posted on September 24, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I would like to know if I am eligible to come to the United States and immigrate so I can get my Green Card. I am very confused and am unsure of the possible ways. Can you shed some light on this subject?

Answer: Through family-based immigration, a U.S. citizen or LPR can sponsor his or her close family members for permanent residence. A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers and sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. As a result of recent changes in the law, all citizens or LPR’s wishing to petition for a family member must have an income at least 125% of the federal poverty level and sign a legally enforceable affidavit to support their family member.

Through employment-based immigration, a U.S. employer can sponsor a foreign-born employee for permanent residence. Typically, the employer must first demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job for which an immigrant visa is being sought.

Through various special related visas for religious persons or multinational managers.

As a refugee or asylee, a person may gain permanent residence in the U.S. A person located outside the United States who seeks protection in the U.S. on the grounds that he or she faces persecution in his or her homeland can enter this country as a refugee. In order to be admitted to the U.S. as a refugee, the person must prove that he or she has a “well-founded fear of persecution” on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. Like a refugee, an asylum applicant must prove that he or she has a “well-founded” fear of persecution based on one of the five enumerated grounds listed above. Once granted asylum, the person is called an “asylee.” In most cases, an individual must apply for asylum within one year of arriving in the U.S. Refugees and asylees may apply for permanent residence after one year in the U.S.

Question: How many immigrants are admitted to the United States every year?

Answer: Family-based immigration is limited by statute to 480,000 persons per year. There is no numerical cap on the number of immediate relatives (spouses, minor unmarried children and parents of U.S. citizens) admitted annually to the U.S. as immigrants. However, the number of immediate relatives is subtracted from the 480,000 cap on family-based immigration to determine the number of other family-based immigrants to be admitted in the following year (with a floor of 226,000). Employment-based immigration is limited by statute to 140,000 persons per year. The United States accepts only a limited number of refugees from around the world each year. This number is determined every year by the President in consultation with Congress. The total number of annual “refugee slots” is divided among different regions of the world. For fiscal year 2003, the number of refugee admissions was set at 70,000.

The numbers may sound like a large amount. However, since so many people want to come into the U.S., there are many people who have to wait 10 to 20 years to have their turn to enter the U.S. as a Lawful Permanent Resident.

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Will the war affect my application?

Posted on September 23, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I wish the best for the troops of the U.S. in Iraq. My concern is that I have an application going forward with the Bureau of Citizenship and Immigration Services and am wondering if that will be affected. Also, I am having a friend coming into the U.S. for a visit. Will the war affect him?

Answer: It is hard to say what effect the war will have on the immigration processes. The reality is that if you or your friend are from a Muslim related country, you will most likely have to go through more security checks and will have more difficulty in obtaining the visa. Of course this is not always true, but a person whom wants a Visitor Visa from Syria will have a harder time obtaining that visa than one whom obtains a Visitor Visa through the Philippines.

As for an application you currently have, it should not be affected. For example, if you have a work permit petition through an employer, as long as you qualify for the petition and are not inadmissible under any grounds, there should not be a problem.

Question: This sounds like ‘profiling’ by the U.S. government. Is that legal?

Answer: In some respects you are correct. The U.S. government has targeted persons of Muslim countries to special register. They have deported many people who have specially registered, but are out of status. They have expelled diplomats from Iraq and have sought to detain persons from Muslim related countries who are seeking asylum.

The U.S. government does not seem to be targeting persons whom are not from Muslim related countries. However, as we are seeing, in wartime, many of the due process rights and constitutionally protected rights of certain persons are abrogated and diminished. That is why we have to constantly fight to keep the rights of those persons who are least able to fight for themselves. Yes, the U.S. government should do what it needs to do to protect its national security. However, in many cases, in the name of national security, measures are taken which end up violating certain civil liberties and constitutional protections. These violations unfortunately do nothing to protect the national security. Thus, we must fight for the rights of all immigrants in the U.S. Otherwise, what appears to be limited and small infractions of constitutionally protected rights on a few select people could eventually be directed to the more general population of the U.S.

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BCIS, BICE, and BCBP – What does it all mean?

Posted on September 22, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am trying to follow the updates since the Immigration and Naturalization Services ceased to exist. However, I am having a very difficult time understanding all the new departments. Can you please explain?

Answer: Yes, on March 1, the INS ceased to exist. All of the agency’s immigration functions were divided and transferred into three bureaus within the Department of Homeland Security. The transition affects everything from bringing in international employees for business meetings, to the processing of pending cases that were sent to the INS, to the work authorization and visa documentation foreign nationals currently hold.

Question: Can you explain what these new departments are within the Department of Homeland Security?

Answer: The three bureaus (the Bureau of Citizenship and Immigration Services (BCIS), the Bureau of Immigration and Customs Enforcement (BICE), and the Bureau of Customs and Border Protection (BCBP)) are now responsible for all the immigration services and enforcement functions. This does not include the Immigration Court.

Question: What does the Bureau of Citizenship and Immigration Services do?

Answer: The Bureau of Citizenship and Immigration Services (BCIS) is responsible for immigration services and benefits including: the adjudication of family- and employment-based petitions; issuance of employment authorization documents; asylum and refugee processing; naturalization; and implementation of special status programs such as Temporary Protected Status. At least during the transition phase, the bureau’s structure and functions will remain fairly similar to the old INS. The former INS District Offices (newly titled local BCIS offices); Application Support Centers (ASC), Service Centers and Asylum offices will remain open and in the same locations for this transition period.

This bureau will continue to process pending applications previously filed with the INS, and will maintain the validity of documentation issued by the former INS, such as: green cards, certificates of citizenship, employment authorization documents, travel and advance parole documents, Form I-94 Arrival and Departure Records, and others.

Question: What does the Bureau of Immigration and Customs Enforcement do?

Answer: The BICE handles the investigative and interior enforcement functions of the former INS, U.S. Customs Service, and the Federal Protective Services. The bureau is responsible for the detention and removal of criminal aliens, dismantling smuggling operations or trafficking of aliens, building partnerships to solve local problems, minimizing immigration benefit and document fraud, and conducting INS raids.

The bureau consists of approximately 14,000 employees, and is headed by an Assistant Secretary, who reports directly to the Undersecretary for Border and Transportation Security.

Question: Finally, what are the functions of the Bureau of Customs and Border Protection?

Answer: The BCBP is responsible for the Border Patrol, immigration investigations, and the inspections process at the borders. Prior to March 1, the ports of entry were supervised by several distinct chains of command and inspections personnel for the U.S. Customs, INS and other federal agencies. As of March 1, BCBP became the sole governmental presence along the border and at the ports of entry. The new bureau fused the old agencies’ chains of command at each port of entry into one common chain and put all inspectors under a single port director. The bureau also put the former INS enforcement personnel at the border in a supervisory position above former INS investigators. This is the first time that the immigration investigations functions are subordinate to enforcement. However, it still remains unclear how this change will affect admissions to the U.S. The bureau consists of 30,000 employees.

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So many Student Visa Regulations! What do I do?

Posted on September 17, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a foreign student, but am finding it difficult to maneuver around the new Student Visa Regulations. Can you help to clarify?

Answer: On January 1, 2003, “Retention and Reporting of Information for F, J, and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)” went into effect. There are many changes for students.

Question: Under SEVIS, are they any changes for practical training?

Answer: F-1 students now become eligible for a new one-year period of post completion optional practical training (“OPT”) when a student changes to a higher educational level. Under the new rules, a student could receive one year of OPT upon completing a Bachelors, then get an additional one year OPT for Masters, and then, if the student newly enrolls in a Doctoral program, the F-1 can get a third year of post completion OPT once the Ph.D. is completed.

Question: What about my spouse who is on F2? Can she continue to go to school?

Answer: The new rule states that F-2 dependents may not be enrolled full-time in a degree granting course of post-secondary study. F-2 dependents may be enrolled in elementary and secondary school or any a vocational or recreational studies. There is no grandfathering of current F-2s enrolled in college, and all such F-2s must have applied for a change of status to F-1 by March 11, 2003.

Question: What is the obligation of the school at this point under SEVIS?

Answer: The school must report the following within 21 days: failure to maintain F-1 status or complete educational program, change in address or name, graduation early or prior to program end date on SEVIS I-20, disciplinary action taken by school. Each semester and no later than 30 days after the deadline for class registration, schools must report the following: whether the F-1 student has enrolled, identification of any F-1 student who has dropped below a full course of study without authorization, the current address of the F-1 student.

Question: What if I go out of status? Can I be reinstated?

Answer: There is a new rule for getting reinstated. Now, the student must apply for reinstatement not more than 5 months after being out of status. Or, if the application is outside of the 5-month limit, the student must establish that failure to timely file was the result of exceptional circumstances. To have a reinstatement approved, the student must show either that the violation of status resulted from circumstances beyond the student’s control or that the violation relates to a reduction in the student’s course load that would have been within a Designated School Official’s power to authorize and that failure to approve reinstatement would result in extreme hardship to the student.

Question: What if I cannot finish my coursework by the end of the date on the I-20?

Answer: The new rule requires that program extension must be requested by the student prior to the end date on the I-20. Any student who is unable to complete the educational program before the end date on the I-20, and does not request a program extension prior to the end date on the I-20, is out of status.

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Can I be deported?

Posted on September 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been out of status for a number of years. Currently, I have a couple different petitions going forward. Once is a sibling based family petition, and the other is an employment based Labor Certification. I was told that it would take about another three to four years to be able to adjust my status to that of a Lawful Permanent Resident. There have been many news stories of people begin picked up by INS and deported, I am afraid for myself, my wife and my children. Can I just be deported?

Answer: Under most circumstances, the answer is no. Because you are here in the United States, you are allowed the opportunity to go in front of an Immigration Judge. Only if you had a previous deportation order can INS just take you and deport you without giving you a hearing. It is your constitutional right. Unlike many other countries around the world, even if you are not a citizen or a lawful permanent resident of the United States, you are entitled to due process. This means that you have an opportunity to present your case, to question witnesses, to cross examine witnesses who testify against you, to apply for relief or ways of staying permanently in the United States and to appeal decisions of the Immigration Judge that you are not satisfied with.

Question: What exactly might happen?

Answer: Each case is different. However, if you are targeted by INS, you should be served with what is known as a Notice to Appear. This is the beginning of the process. You might be taken into custody upon which you would be able to try to get a Bond Redetermination Hearing to get bonded out or become free while the immigration case is going forward. Then, over the next six months to two years, you will present your case in front of the Immigration Judge with the hope of winning.

Question: Am I entitled to an attorney?

Answer: Yes. You have every right to have an attorney represent you through these proceedings. However, unlike criminal cases, you must pay for the attorney to help you. The State will not provide one free of charge.

Question: How can the U.S. Constitution protect someone in my position?

 Answer: Because the U.S. Constitution gives people their rights as free persons in this country. If the U.S. Government were to just pick someone up and deport them, there would not be any safeguards against possible mistakes they may make. Also, the law allows people who are out of status to obtain their Green Cards based upon certain criteria. The government allows you to present that evidence. Just remember that this is the best country in the world to live in (no offense to those people elsewhere) and one reason it is such a great place to live is because individual rights are valued and treasured by our Constitution.

 However, the United States Government seems to be taking various rights away from certain immigrants. Therefore, you will have to make certain that you contact an immigration attorney right away in order to protect your rights and not be wrongfully deported.

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Can he be bonded out?

Posted on September 15, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a friend that was taken into deportation and would like to know if he can be bonded out. Can you give me some guidance?

ANSWER: A wide range of INS officials have the power to arrest and detain people. The INS can arrest a person without a warrant if it has “reason to believe that the alien … is in the United States in violation of any [immigration] law or regulation and is likely to escape before a warrant can be obtained for his arrest.”

QUESTION: What happens after a person is arrested on a suspected immigration law violation?

ANSWER: S/he should be examined “without unnecessary delay” by an INS officer on his or her right to enter or remain in the United States. The officer examining the individual after arrest should not be the arresting officer unless another qualifying officer is not available and taking the person before another officer will cause unnecessary delay. If the examining officer finds prima facie evidence that the person arrested has violated the immigration laws, then the officer will place him or her in removal proceedings or institute expedited removal, if applicable.

If the INS places the person in removal proceedings, it should notify him or her of the reasons for his or her arrest. The examining officer should also inform the individual of his or her right to counsel at no expense to the government and provide him or her with a list of free legal service providers. The officer should also warn the person that any statement that s/he makes “may be used against him or her in a subsequent proceeding.”

The INS may hold a person arrested without a warrant for 48 hours or longer “in the event of emergency or other extraordinary circumstances.”12 On or before the conclusion of this period, the INS must determine whether the individual will continue to be detained or released on bond or recognizance. It must also decide whether to issue a Notice to Appear (NTA) and an arrest warrant.13

QUESTION: How does INS determine who should be released and under what conditions?

ANSWER: The local INS District Office (usually the Detention and Deportation Unit) makes the initial custody and bond determinations.14 As long as the s/he is not subject to mandatory detention due to criminal or terrorist grounds, the INS may release the individual on bond or on recognizance.15

In order to be released, a person “must demonstrate to the satisfaction of the officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding.” The factors commonly considered in making the determination to release and/or set bond include: 1) Local family ties;
2) Prior arrests, convictions, appearances at hearings; 3) Membership in community organization; 4) Manner of entry length of time in the United States; 5) Immoral acts or participation in subversive activities; and 6) Financial ability to post bond.

After September 11, the government’s concern about security and intelligence gathering may also play a crucial role in deciding whether a person will be detained or released.

QUESTION: Can a person work once s/he has been released from INS custody?

ANSWER: The person can work as long as s/he is a lawful permanent resident (LPR) or is otherwise authorized to work, such as where s/he has received authorization to work based on a pending adjustment or asylum application.

QUESTION: Can a person challenge the INS’s custody/bond determination?

The regulations prohibit the following groups of people from requesting an Immigration Judge to review the INS’s custody and/or bond determination: 1) those considered to be “arriving aliens”; 2) those charged with being deportable on security, terrorism and related grounds; or 3) those subject to mandatory detention.

Even though an Immigration Judge does not have jurisdiction to redetermine custody and/or bond for the above groups, s/he does have jurisdiction to review whether the INS correctly determined that an individual does in fact belong to one of these groups.

Everyone else may request an Immigration Judge to review the INS’s custody and/or bond decisions at any time until a removal order becomes final. A request for custody and/or bond redetermination may be made orally, in writing, or by telephone, if the Immigration Judge permits in his or her discretion. If the person is detained, the request for custody and/or bond redetermination should be made to the Immigration Court that has jurisdiction over the place of detention. Otherwise, the request should be made to the Immigration Court that has administrative control over the case.

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2002 Immigration Highlights

Posted on September 14, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I understand that there are usually a lot of immigration laws that pass and either help or hurt immigrants. Now that we are in 2003, can you give a summary of some of the highlights of immigration regulations which were considered or passed in 2002?

ANSWER: The regulations issued during the 107th Congressional session have an immediate effect on foreign workers’ ability to obtain visas, enter, and remain in the United States in valid status. Human resources personnel should therefore expect to receive numerous questions about the scope of these new rules. The following is a brief overview of some of the more important immigration-related and business immigration-related regulations the INS and other agencies issued during the past year:

The Department of State raised Fees for Nonimmigrant Visa Processing: The State Department raised the machine-readable visa (MRV) fee charged for the processing of a nonimmigrant visa, or a combined nonimmigrant visa and border crossing card application, from $65 to $100, effective November 1.

Special Registration: The INS, on August 12, finalized a rule that requires certain nonimmigrants to undergo various registration processes, and imposes sanctions on those who do not follow the processes. Four groups so far have been ordered to Special Register.

Change of Address Notification: A July 26 INS proposed rule would require every applicant for immigration benefits to acknowledge having received notice that he or she is required to provide a valid current address to the Service, including any change of address, within 10 days of the change. In absentia removal orders could flow from failure to so provide.

Concurrent Filing: A July 31 INS interim rule provides that an Immigrant Petition for an Alien Worker (Form I-140) and an Adjustment of Status application (Form I-485) may now be filed concurrently when a visa number is immediately available. In addition, eligible individuals with I-140 petitions pending on July 31 may now file the I-485 and associated forms. The rule took effect upon publication.

Proposed PERM Rule on Labor Certification for Permanent Employment: The DOL, on May 6, published the proposed ‘PERM’ rule that would amend the agency’s regulations governing the filing and processing of labor certification applications for permanent employment in the U.S. The rule would also amend the regulations governing an employer’s wage obligation under the H-1B program. The final PERM rule is expected to be published in April 2003 and to take effect in July.

Foreign Health Care Workers: An October 11 INS proposed rule would implement a process for the certification of certain foreign health care workers, and would add a requirement that all nonimmigrants coming to the U.S. to work as health care workers, including those seeking change of status, be required to submit a certification. This rule is not yet in effect.

B-2 Visitors Visa: An April 12 INS proposed rule would eliminate the minimum admission period for B-2 nonimmigrant visitors, reduce the maximum admission period for B-1 and B-2 visitors, and restrict B visitors’ ability to extend stay or change to student status. This rule is not yet in effect.

Adjustment of Status under LIFE: The INS issued a final rule on June 4, implementing the adjustment of status application procedures under the LIFE Act’s ‘late legalization’ provisions. The rule extends the filing deadline to June 4, 2003, and makes various other changes based on comments received to the interim rule.

S Nonimmigrant Visa: The State Department, on November 4, finalized a rule implementing the ‘S’ nonimmigrant visa program. The S visa category is available to nonimmigrants determined by the Attorney General to have critical and reliable information concerning a criminal organization or enterprise.

Passenger Manifest Requirements: On January 3, 2003, the INS issued a proposed rule requiring all commercial carriers to submit a detailed passenger manifest electronically before either departing from or arriving in the United States. The information required for each passenger includes: complete name, date of birth, citizenship, sex, passport number and country of issuance, country of residence, U.S. visa information, address while in the U.S; and other necessary information. The rule took affect January 1, 2003.

Border Crossing Cards: The INS promulgated an interim rule that establishes procedures to terminate the use of current non-biometric border crossing cards (BCCs), eliminates certain former versions of BCCs, and clarifies the validity period of waivers of inadmissibility. The rule took effect retroactive to October 1.

State and Local Law Enforcement of Civil Violations of Immigration Law: The Justice Department, on July 24, finalized a rule permitting the Attorney General to authorize any state or local law enforcement officer, with the consent of those whose jurisdiction the individual is serving, to perform certain functions related to the enforcement of the immigration laws during the period of a declared “mass influx of aliens.”

As you can see there are lots of changes in the law. Hopefully, the new laws coming will have a positive impact on immigrants.

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Can I still Change my Status?

Posted on September 10, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I know that the immigration laws now only allow me to come into the U.S. on a Visitor Visa for only 30 days. I was planning to go to the U.S. to visit, and then later, if I found a good job offer, to change my status to some type of working status. Additionally, if I later decided, I was going to change my status to that of a student. Can I still do this?

 Answer: It appears that it will be much more difficult to change your status in this type of situation. Normally, when visitors came to the U.S. under the B1/B2 Visa, they had six months. At some later point after entering, they would be able to change their status. Please note that some rumors have been spreading that there is no more change of status applications being accepted. This is simply not true. Rather, it is the effect of applying for a change of status once you enter the U.S. that is the problem.

Question: Can you elaborate on what exactly is the problem?

Answer: Actually, when you come in on a Visitor Visa, you are supposed to be doing exactly that. VISITING! That means going to Disneyland, visiting relatives, and having a good time. It does not mean going to school, getting a job or applying for the Green Card. If you come to the U.S. and within 30 days apply for a change of status to some other type of status such as student or worker, the INS may not believe that you intended to ever really visit the U.S. They may assume that you used the Visitor Visa as a means to get into the U.S. so that you could do what you really wanted to do (such as work or go to school.)

 Question: What are the consequences of doing the change of status right after entering the U.S.?

Answer: First, they could deny your change of status application and you could go out of status. Next, the INS may very well assume that you committed fraud. That is, when you got the Visitor Visa and entered the U.S. that you did not really intend to visit, but rather, intended to go to school or to work in the United States. If that happens, you could be deported because you committed misrepresentation and fraud. The fraud will stay with you forever and never goes away. If you ever want to reenter the U.S., you will need to get a Fraud Waiver. Those are not easy waivers to obtain.

Question: What is the best way to avoid these drastic consequences?

 Answer: First, the way that people come into the U.S. is probably going to change. You must decide whether you want to go to school or work since these are the options you might be considering. If you are intending on going to school, then you should get the I-20 and apply for the Student Visa from your home country. Then, when you enter the U.S., you will be entering as a Student, not a Visitor. Alternatively, if you want to work in the U.S., you should have your sponsor file the petition prior to you getting to the U.S. Therefore, you will not have any allegations by INS that you committed fraud. You need to be very careful if you come to the U.S. with a Visitor Visa and then change your status right away. Obviously, since you only will be getting 30 days in the U.S., you must strongly consider not getting a change of status in the U.S.

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Are we moving closer to a Police State?

Posted on September 9, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard a lot about keeping better track of people from around the world who enter and exit the U.S. Earlier I thought I would never want to live in a country that has an Exit Visa System (like Cuba) and now it seems we may be implementing a similar system. Can you explain?

Answer: Pursuant to the Homeland Security Act of 2002, the Secretary of the Department of Homeland Security (DHS) is responsible for establishing an automated entry/exit system. The Department of Homeland Security has made the US-VISIT (United States Visitor and Immigrant Status Indicator Technology) program one of its top priorities. The US-VISIT, the Department’s automated entry/exit system, will expedite legitimate travelers, while making it more difficult for those intending to do us harm to enter our nation. The system is designed to collect, maintain, and share information, including biometric identifiers, through a dynamic system, on foreign nationals to determine whether the individual should be prohibited from entering the U.S.; Can receive, extend, change, or adjust immigration status; Has overstayed their visa; and/or needs special protection/attention (i.e., refugees); and enhance traffic flow for individuals entering or exiting the U.S. for legitimate purposes.

 Question: What is meant by ‘legitimate’ purposes?

Answer: That is a difficult question to answer. While the DHS might believe it knows what ‘legitimate’ purposes means, over time, the definition might be expanded. While this procedure of an exit system does not apply to U.S. Citizens, we never know what might happen in the future. We must not give up our rights to fight for our freedom.

Question: Will there be some sort of identification given?

Answer: Secretary Ridge announced in April that the US-VISIT system will be capable of capturing and reading a biometric identifier at air and sea ports of entry before the end of 2003. This system is said to be capable of scanning travel documents and taking fingerprints and pictures of foreign nationals, which then could be checked against databases to determine whether the individual should be detained or questioned concerning possible terrorist or criminal involvement.

Question: What will the government do with this information?

Answer: The US-VISIT system will be implemented incrementally, but eventually will collect information on the arrival and departure of most foreign nationals such as: date; nationality; classification as an immigrant or non-immigrant; complete name; date of birth; citizenship; sex; passport number and country of issuance; country of residence; U.S. visa number, date and place of issuance (where applicable); alien registration number (where applicable); and complete address while in the United States. The information will be stored in databases maintained by DHS and the Department of State as part of an individual’s travel record.

The other system known as NSEERS is a system implemented to make certain that people in the U.S. who are not U.S. Citizens and are from countries around the world that the U.S. believes is involved in terrorist activities must register with the government before leaving. Again, while most of us do not believe it will affect us at the present time, the U.S. government is doing more and more things to affect the rights of people. That is why we must fight for our fellow immigrants and stand up when we believe that their rights have been violate. We do not know when the government might be at our doorstep.

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How can I become a U.S. Citizen?

Posted on September 8, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been in the United States for many years and would like to become a U.S. Citizen. Can you tell me how someone qualifies?

Answer: You may become a U.S. citizen (1) by birth or (2) through naturalization. Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens. If you were born in the United States, including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands, you are an American citizen at birth. Your birth certificate is proof of your citizenship.

If you were born abroad and both of your parents are U.S. citizens and at least one of your parents lived in the United States at some point in his or her life, then in most cases you are a U.S. citizen.

If you were born abroad and only one of your parents is a U.S. citizen, then in most cases, you are a U.S. citizen if ALL of the following are true: One of your parents was a U.S. citizen when you were born; Your citizen parent lived at least 5 years in the United States before you were born; and at least 2 of these 5 years in the United States were after your citizen parent’s 14th birthday.

If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent’s 14th birthday.

Question: If I have my Green Card, how do I become a naturalized citizen?

Answer: If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the “Application for Naturalization” (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the “Application for a Certificate of Citizenship” (Form N-600) to document their citizenship. Qualified children who reside abroad use the “Application for Citizenship and Issuance of Certificate under Section 322” (Form N-600K) to document their naturalization.

Question: What are the requirements for naturalization?

Answer: Basically, you need to have been a permanent resident for at least five years (unless you became a lawful permanent resident through marriage to a U.S. Citizen which changes the time to 3 years) and need to have been physically present in the U.S. for at least 2 ½ of the previous 5 years with no absence for more than 6 months. You must have good moral character and be able to speak, read and write English.

Question: When does my time as a Permanent Resident begin?

Answer: Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card shows where you can find important information like the date your Permanent Residence began.

Question: If I have been convicted of a crime but my record has been expunged, do I need to write that on my application or tell an USCIS officer?

Answer: Yes. You should always be honest with USCIS about all arrests (even if you were not charged or convicted) and convictions (even if your record was cleared or expunged). Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident.

Thus, you might be a U.S. Citizen without knowing it if one of your parents or both are U.S. Citizens. Alternatively, if you have committed a crime, or ineligible for some reason to Naturalize, USCIS might put you into deportation if you wrongfully apply for Naturalization. Therefore, you should make certain you qualify before you apply.

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  • Brian D. Lerner

    Immigration Lawyer

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