Immigration law is a complex and often misunderstood field. There are many myths and misconceptions about immigration laws that can create confusion and fear. Here, we aim to debunk five common myths about immigration law with the facts.
Myth 1: All you need is a U.S. Citizen Child
Fact: A U.S. citizen child can petition for a parent when they turn 21. However, that is only the first step of the residency process. In addition, an applicant also must be eligible for residency. Many things can make someone ineligible for residency, including unlawful entry to the United States.
Myth 2: Anyone Can Win Asylum in the U.S.
Fact: While anyone can apply for asylum, not everyone is eligible to receive it. Asylum seekers must prove they have been persecuted or have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The process involves thorough interviews and substantial evidence, making it challenging to obtain asylum. In addition, applications must be filed within a year of coming to the United States.
Myth 3: Marrying a U.S. Citizen Automatically Grants Citizenship
Fact: Marrying a U.S. citizen does not automatically grant citizenship. It allows you to apply for residency, but you must go through a rigorous process that includes background checks, interviews, and providing evidence of a bona fide marriage. After obtaining a green card, there is a waiting period before you can apply for citizenship. In addition, someone must meet all the eligibility requirements for residency and may be required to leave the United States to complete the process.
Myth 4: Being a Victim of Crime in the U.S. Always Provides an Immigration Benefit
Fact: Individuals who have been victims of crime might qualify for an immigration benefit. However, it is required that it be a qualifying crime, which is a specific list of traditionally violent crimes. Not all crimes will qualify for an immigration benefit. In addition, individuals must contact law enforcement and at least be willing to assist law enforcement in the investigation, even if no one is ever arrested for the crime.
Myth 5: Individuals Can Only Apply for Employment Authorization
Fact: Generally speaking, there is not currently a way in the United States to apply just for employment authorization. Work permits usually must be attached to some kind of pending application or underlying benefit.
Conclusion
Understanding the realities of immigration law is crucial for navigating the complexities of the U.S. immigration system. Dispelling these myths helps provide a clearer picture of the challenges and realities immigrants face. With accurate information, you can make informed decisions and better advocate for your rights within the legal framework.
If you have questions regarding any of these myths or believe you might be eligible for an immigration benefit, please reach out to Flora Legal Group at (317) 983-3437 to schedule an appointment!