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. but people who entered the U.S. without being legally admitted may not be able to access this pathway without first remedying the unlawful entry.
- 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.
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 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.
- 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. Foreign nationals may be authorized to work depending on their immigration status. Having an Employment Authorization Document (EAD) is one way to prove work authorization in the United States.
Some immigration relief provides work authorization without requiring an additional EAD, such as asylee, refugee, legal permanent resident (LPR), and H-visa holders. However, work authorization for H-2A, H-2B, and TN visas are limited to the employer and timeframe on the visa. Individuals can also apply for an EAD along with certain types of immigration relief.
For example, an EAD is available to individuals eligible for deferred action, a victim-based visa, or a family-based immigration petition.
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).
Victims and witnesses of certain qualifying crimes may also be eligible for monetary damages such as wage loss or emotional distress damages; housing and medical support; translation services; and/or attorney support. Crisis Hotlines are available 24 hours a day and 7 days a week to help you safety plan and access available support services in your native language.
A reputable immigration attorney can advise you on whether you have experienced a qualifying crime or labor-based abuse such as fraud in foreign labor contracting, involuntary servitude, obstruction of justice, witness tampering, human trafficking, or sexual harassment to determine your eligibility for any of the relief mentioned above.
Examples of Immigration Relief:
The Violence Against Women Act (VAWA)
VAWA is available to individuals who were abused by a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child. Applicants may apply to become an LPR (green card holder) without the involvement of their abusive family members. Applicants may be eligible for work authorization while their application is pending and can include certain family members in their application.
U-Visas
U-visas may be available to victims and witnesses of certain serious crimes who cooperate with law enforcement, such as by making a police report.
The law enforcement agency must provide a certification that confirms the qualifying criminal offense and the cooperation of the applicant.
U-visa applications can take years to process due to statutory limits for how many visas can be approved per year. Certain family members may be included in the application. Applicants may be eligible for work authorization while their application is pending. Applicants may choose to return to their home country while they wait.
An approved U-visa provides work authorization and provides a pathway to permanent residence (a green card) in the U.S. Below are the following qualifying crimes for a U-visa:
- 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
T-visas are for victims of sex trafficking 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.
Certain family members may be included in a T-visa application. A T-visa provides work authorization and a pathway to permanent residence (a green card) in the U.S.
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.