Immigration

The U.S. Immigration System Is Complex. However, there are generally two categories of visas: Immigrant visas are available to certain individuals who are sponsored for entry by family member or employer and include a pathway to reside permanently in the United States; and Non-immigrant visas, which are for people who want to come to the United States for a temporary purpose, such as to visit, study, or work, and are limited to a specific time frame. What is Naturalization? Naturalization is the process in which eligible immigrants apply to become U.S. citizens. People may be eligible for U.S. citizenship if they are: Lawful Permanent Residents (LPR) for at least 5 years (or 3 years if married to a U.S. citizen). U.S. military service members. Children of U.S. citizens or children of LPRs applying for citizenship. What Is the Benefit of U.S. Citizenship? Only U.S. citizens can vote, obtain a U.S. Passport, and file immigration applications for parents, married children, brothers, and sisters. Also, immigration processing is faster for spouses of citizens and citizens cannot be deported for committing crimes. There are generally only two ways to be a U.S. citizen: By birth in the U.S. or a foreign country but to U.S. citizen parents; or Through “naturalization.” Who is eligible to become a citizen through naturalization? You are at least 18 years old, and you have been an LPR for at least five years (or three years if you have been married to and living with a U.S. citizen for the last three years); You can pass a short test on U.S. government and history and can speak, read, and write English (or qualify for an exception); You are a person of good moral character; and You are willing to take the oath of allegiance to the U.S. If you have been outside the U.S. for over six months during a single trip or have a criminal record, speak with an immigration attorney before applying for citizenship. The Most Common Immigration Status of Michigan Farmworkers Is Through: Family U.S. citizens may petition for their parents, spouses, siblings, minor children, sons/daughters to reside permanently in the U.S. Lawful Permanent Residents (LPRs or green card holders) may petition for their spouses, minor children, and unmarried adult sons and daughters, to reside permanently in the U.S. but beneficiaries must wait for a visa to become available, which can take years or even decades. People who entered the U.S. without being legally admitted may not be able to access these pathways without first remedying the unlawful entry. Employment Employers can petition for a visa for non-citizens, but people in the U.S. without work authorization or who entered the United States unlawfully usually do not qualify for employment-based visas. Many farmworkers come to Michigan on an H-2A non-immigrant visa, but these visas only allow employment for the employer(s) on the visa and require the worker to leave after their H-2A employment ends. Humanitarian Relief Programs Individuals unable to return to or reside in their home country due to unsafe and extraordinary conditions (i.e. persecution) in their home country may be eligible for programs such as asylum, withholding of removal, or temporary protected status. Some of these programs are only available for particular countries and for limited time periods, and designations can change over time. See uscis.gov/humanitarian. Individuals who have been victims or witnesses of certain crimes, such as human trafficking, domestic violence, abandonment, neglect, or abuse may be eligible for programs such as Special Immigrant Juvenile Status, T visa, U visa, or VAWA, all of which provide pathways to permanent residency. What is Work Authorization? Work authorization refers to an individual’s legal right to work in the United States. U.S. citizens automatically have work authorization. Immigrants may be authorized to work depending on their immigration status. Some immigration relief provides work authorization automatically, such as asylee, refugee, legal permanent resident (LPR), and H-visa holders. For other types of immigration relief, such as deferred action or victim-based visas, an individual must apply for an Employment Authorization Document (EAD) to be authorized to work. EADs may also be available to individuals with certain types of pending applications. Work authorization for some visas such as H-2A, H-2B, and TN visas are limited to the employer and timeframe on the visa. Immigrants are entitled to certain protections from discrimination related to their status when recruited, hired or fired. See Immigrant and Employee Rights Section for more information. Immigration Relief for Victims of Crimes Victims and witnesses of certain qualifying crimes (including labor-based crimes) may be eligible for immigration relief, such as a VAWA, U Visa, T Visa, Continued Presence (CP), and/or Deferred Action (DA). Examples of Immigration Relief: The Violence Against Women Act (VAWA) VAWA is available to individuals who were abused or by a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child. Applicants may apply to become an LPR without the involvement of their abusive family member. Also, they may be eligible for work authorization while their application is pending. U-Visas To qualify for a U-Visa, an individual must have been the victim of a qualifying crime and obtain certification from a law enforcement agency, stating that the applicant assisted with the investigation or prosecution of the crime. U-visa applications take a long time to process. Individuals can return to their home country while waiting for a decision on their case but are unlikely to be able to return to the US until their application is approved, or may be able to receive DA and an EAD while they await a determination within the United States. Also, they can include certain family members in their application and may apply to become an LPR after three years of their visa being approved. U Visa qualifying crimes include: Abduction, Abusive Sexual Contact, Blackmail, Domestic Violence, Extortion, Felonious Assault, Fraud in Foreign Labor Contracting, Hostage, Involuntary Servitude, Kidnapping, Manslaughter, Peonage, Perjury, Obstruction of Justice, Murder, Prostitution, Rape, Sexual Exploitation, Slave Trade, Stalking, Torture, Trafficking, Witness Tampering, or Unlawful Criminal Restraint.This can include the attempt, conspiracy, or solicitation of any of these crimes. T-Visas To qualify for a T-Tisa, an individual must be the victim of sex or labor trafficking. The applicant must remain in the U.S. while their application is pending, but T-visas have a much shorter processing period compared to U-visas. A T-visa holder can receive an EAD and can apply to become an LPR after three years. Also, they can include certain family members in their application. Continued Presence (CP) Continued Presence (CP) may be available to individuals identified as a victim and potential witness of a “severe form of trafficking in persons” by any federal, state, or local law enforcement agency with authority to investigate or prosecute human trafficking. Individuals with CP may lawfully remain and work in the U.S. and are eligible for federal benefits and services. Also, certain family members may be allowed to join the CP recipient in the U.S. Your employer or housing provider cannot refuse to hire you, lower your pay, force you to leave your housing, or fire you because you are a victim of domestic violence at home or of unlawful working conditions. Employment attorneys can advise you on whether you may be eligible for wage loss benefits or other monetary or non-monetary relief. Please visit Abuse and Mistreatment in the Workplace and the Home and Farmworker Housing for more information.