Immigration to the United States is a complex and often misunderstood process. Misconceptions can lead to false hopes and unintentional legal missteps.
Myth: Green Card Holders Cannot Be Deported
Truth: Green card holders can be deported if they commit certain crimes or violate immigration laws. Permanent residency is not an absolute safeguard against deportation.
Myth: Obtaining a Green Card Is Easy
Truth: The process of obtaining a green card is often lengthy, complex, and subject to stringent requirements. It involves multiple steps, including background checks, interviews, and waiting periods.
Myth: Marrying a U.S. Citizen Automatically Grants a Green Card
Truth: Marriage to a U.S. citizen does not automatically grant a green card. While being married to a U.S. citizen can make one eligible to apply for a green card, the process involves several steps whether the non-citizen spouse must consular process abroad or can adjust their status to a legal permanent resident in the U.S. The non-citizen spouse must also meet various eligibility criteria and provide extensive documentation. The applicant must also pass background checks, attend interviews, and prove that the marriage is bona fide.
Myth: U.S. Citizenship Is Simple to Obtain
Truth: Obtaining U.S. citizenship is a rigorous process that requires meeting eligibility criteria, passing background checks, and successfully completing the naturalization process, which includes an interview and a civics test.
Myth Citizenship and Green Card Are the Same
Truth: A green card grants permanent residency, while U.S. citizenship provides additional rights and protections, such as voting in U.S. elections, protection against deportation/removal, sponsoring a broader array of family members, and applying for certain government jobs. The processes to obtain them are different, and citizenship offers more security.
Myth: Living in the U.S. for 10 Years Grants Immigration Preference
Truth: Simply living in the U.S. for 10 years does not grant any special immigration preference. Legal pathways must be followed to adjust status or seek residency.
Myth: Temporary Protected Status (TPS) and Marriage to a U.S. Citizen or LPR Allows Sponsorship for Permanent Residency
Truth: Temporary Protected Status (TPS) does not inherently provide a pathway to permanent residency. While a spouse who is a U.S. citizen or Lawful Permanent Resident (LPR) can sponsor a TPS holder for a green card, the process involves the same requirements and scrutiny as for any other applicant. TPS alone does not confer any advantage in this sponsorship process.
Myth: A Child Born in the U.S. Can Sponsor a Parent for Residency
Truth: While a U.S.-born child can sponsor a parent for permanent residency, the child must be at least 21 years old to do so. Parents cannot apply for permanent residency based on their child’s citizenship until the child reaches the appropriate age.
Myth: Advance Parole Guarantees Re-Entry to the U.S.
Truth: Advance Parole is a travel document that allows certain individuals to re-enter the U.S. after traveling abroad while their immigration status is pending. However, it does not guarantee re-entry. Customs and Border Protection (CBP) officers at the port of entry have the discretion to deny entry based on various factors, including security concerns or other inadmissibility grounds.
Myth: Having a Visa Ensures Entry to the U.S.
Truth: A visa allows you to travel to a U.S. port of entry. However, CBP officers make the final decision on whether you can enter the country. A visa does not guarantee entry.
Myth: U.S. Citizens Can Sponsor Parents, Who Can Then Bring Siblings
Truth: A U.S. citizen can sponsor their parents for permanent residency, but this does not automatically include siblings. Each family member must be sponsored individually, and siblings of U.S. citizens fall under the family preference category, which has its own visa caps and waiting periods.
Myth: Immediate Application for Permanent Residency on a Non-Immigrant Visa
Truth: Entering the U.S. on a non-immigrant visa with the intent to apply for permanent residency immediately is prohibited and if discovered can be considered visa fraud. Non-immigrant visas are intended for temporary stays and applying for permanent residency shortly after entering the U.S. can raise suspicions about the original intent, potentially leading to denial of the application and future immigration issues.
Myth: Choosing Any Local Immigration Office for Adjustment of Status
Truth: Applicants cannot choose which U.S. Citizenship and Immigration Services (USCIS) office processes their adjustment of status application. The appropriate office is determined by the applicant’s address and other jurisdictional factors. Sending the application to the wrong office can cause delays or rejection of the application.
Myth: Eligibility for Employment-Based Residency After Overstaying a Visa
Truth: Individuals who entered the U.S. without a visa or overstayed their visa typically cannot adjust their status to permanent residency through employment sponsorship. They may face significant legal hurdles and need to leave the U.S. to apply for a visa abroad, which could trigger bars to re-entry depending on their time spent unlawfully in the country
Myth: Conviction of a Crime Leads to Automatic Deportation
Truth: Not all criminal convictions result in deportation. The impact of a conviction on immigration status depends on the nature of the crime, the individual’s immigration status, and other factors. Some crimes, however, are considered “aggravated felonies” or “crimes of moral turpitude” and can result in removal proceedings.
Myth: Joining the U.S. Military Guarantees Permanent Residency
Truth: While military service can provide pathways to citizenship and certain immigration benefits, it does not guarantee permanent residency. Each case is evaluated on its own merits, and specific criteria must be met to qualify for any immigration benefit through military service.
Myth: Living in an At-Risk Country Entitles One to Political Asylum
Truth: Asylum seekers must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Simply being from an at-risk country is not enough.
Myth: Voluntary Departure Is the Best Option Against Deportation
Truth: Voluntary departure allows individuals to leave the U.S. without a formal removal order. While it may seem beneficial, it carries its own consequences, such as the inability to return to the U.S. for several years.
Myth: USCIS Is Never Wrong
Truth: USCIS decisions can be challenged. Errors do occur, and applicants have the right to appeal or seek legal recourse if they believe a mistake has been made.
Myth: USCIS May Request Information by Telephone
Truth: USCIS typically communicates through formal written notices. Be wary of scams involving phone calls requesting personal information or payment. Always verify the authenticity of any communication from USCIS.