Determining Immigration Status in Doraville

Immigration status determines a person’s right to vote, receive public benefits, work legally, and stay in the United States without fear of deportation. American immigration law is complicated, and it can be challenging to understand the rights that different immigration statuses offer.

A person determining their immigration status in Doraville should consult a local migration attorney about what their classification means and the possibility of achieving a permanent status.

How to Obtain US Citizenship

Anyone born in the United States is a U.S. citizen, regardless of their parents’ status at the time of the birth. The children of undocumented immigrants automatically receive citizenship if they are born in the United States.

Children Born in Other Countries

Children born outside the country to married parents who are U.S. citizens also qualify for American citizenship. Parents could register their child’s birth at the U.S. Embassy or Consulate in the country where the child was born, but they do not need to do so to obtain citizenship for their child.

There are a few situations where different rules apply. For instance, if a child was born out of wedlock or born outside the U.S. to one citizen parent and a non-citizen, their case process might look different. However, this all depends on their birth year. An experienced Doraville lawyer could examine these unique circumstances to determine how the situation would impact a child’s immigration status.

Naturalized Citizens

Meanwhile, an immigrant who has obtained lawful permanent resident status (holds a green card) can eventually become a naturalized US citizen. A naturalized citizen’s rights, benefits, and obligations are the same as citizens by birth.

A green card holder must have resided in the United States for at least five years after obtaining their green card before they can begin the naturalization process. If a Card holder is married to a U.S citizen, the residency period is three years. A lawful permanent resident who has met these requirements can apply for citizenship. They must swear an oath to uphold the Constitution before receiving their status as a naturalized citizen.

Permanent Resident Status for Immigrants

People with lawful permanent residency usually entered the US based on their:

• Familial relationship to a US citizen or green card holder,
• Employment-based visa, typically for highly educated or skilled individuals
• Diversity visa

A lawful permanent resident may remain in the U.S permanently, but they face deportation and losing their status if they violate criminal law. People with other statuses, such as refugees or asylees, can apply to become green card holders after being in the country for at least one year.

Finally, conditional permanent residents are those who have immigrated based on a familial relationship to a US citizen or permanent resident. Conditional permanent residents who plan to stay in the US must apply for LPR status within two years. A Doraville attorney could assist an immigrant seeking to convert conditional resident status to permanent residency.

Citizenship Options for Undocumented Immigrants

Foreign nationals who did not enter the country legally and remain in the United States are considered undocumented immigrants. This distinction includes people who crossed a border illegally and those who overstayed a tourist visa, student visa, or other temporary entry permits.

Undocumented immigrants cannot legally work in the United States. They are not entitled to public assistance and cannot get Social Security numbers. Alabama does not allow undocumented immigrants to get driver’s licenses.

There is no route for an undocumented alien to gain legal immigration status while in the US. The individual must leave the county and re-enter on a visa that permits conditional residency. If this situation applies to an undocumented immigrant and their family, a Doraville lawyer could help with obtaining a particular status after the foreign national returns to the country.

Call an Attorney about Determining Immigration Status in Doraville

The rules governing immigration to the United States are complex, and it can be challenging to comply with all the applicable regulations. Determining immigration status in Doraville and changing it, if desired, requires knowledge and skill.

A local attorney could help clarify your options. Call today to schedule a consultation with our capable team.