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Each year, on Sept. 17, Americans celebrate Constitution and Citizenship Day. While there are many paths to citizenship – born in the U.S. or a U.S. territory, born abroad to U.S. citizens or naturalized – we all enjoy the same advantages, and equally important responsibilities. As we reflect on these responsibilities of citizenship and what it means to be a U.S. citizen, we also explore the numerous benefits and incredible opportunities that U.S. citizenship has to offer.
Visa-free travel
There are so many advantages when it comes to travel and the ease of travel when you’re a U.S. citizen. For example, you don’t need to prove potentially every time that you intend to make the United States your home. Permanent residents are required to show roots and ties to the U.S., and that they want to be a permanent resident and make the United States their permanent home. In addition, for lawful permanent residents, additional travel documents may be needed if you have long trips outside the U.S. By being a U.S. citizen, those requirements are no longer necessary.
Traveling with a U.S. passport allows for assistance from the government when abroad, as well as possession of one of the most travel-friendly statuses available today. U.S. passport holders can travel to certain countries without a visa. Being a U.S. citizen and having a U.S. passport opens many doors and removes a lot of visa requirements and other challenges when traveling to other countries.
The right to vote
The Constitution and laws of the United States grant numerous rights exclusively to citizens, with one of the most fundamental being the right to participate in federal elections. This right is particularly significant when compared to many countries where citizens lack a voice in their government and cannot effectively communicate their values and what’s important to them by voting. In contrast, U.S. citizens have the power to influence the nation’s future by voting for representatives and leaders who align with their values and priorities.
Keep the family together
U.S. citizenship provides a strong safeguard against family separation with the privilege of helping immediate relatives, such as a spouse, parents and unmarried children, to obtain permanent residency.
Federal employment opportunities
Most jobs within government agencies require U.S. citizenship, so becoming eligible for federal job opportunities can be a significant public service professional opportunity, including running for office to become an elected official.
Access to federal benefits
U.S. citizens are eligible for certain federal scholarships and grants and access to federal public benefits for basic needs, including Social Security benefits, Medicare and Medicaid. Citizens are also eligible for government-sponsored legal aid, which provides free or low-cost legal assistance to ensure all citizens have access to justice regardless of their financial situation.
BAL’s pro bono and volunteer work is wide-ranging, and citizenship has become a primary focus in recent years. We coordinate with local organizations, such as Proyecto Inmigrante and Catholic Charities, in assisting with citizen workshops. BAL is committed to supporting underserved populations about the process to citizenship.
Throughout the year, BAL hosts two six-week citizenship courses for local community members to receive hands-on learning to prepare for citizenship. The six-week course covers civics and U.S. history and helps individuals with English reading, writing, comprehension and speaking skills. BAL attorneys volunteer their time for several hours every week to teach students, assist with preparation and submission of application forms and provide guidance for the interview process.
By becoming a U.S. citizen, individuals not only gain valuable rights and privileges, but also contribute to the rich tapestry of this nation. Citizens are given a voice and the opportunity to develop that greater sense of security, community and belonging.
On National Citizenship Day and every day, we at BAL celebrate all the different paths to citizenship that make the American dream accessible to so many individuals and their families. We are honored to play our role in guiding and supporting our clients as they navigate the complex legal processes and achieve significant milestones on their journey to becoming U.S. citizens.
By Stephen D. Parker
With continued unpredictability in the ever-growing green card immigrant visa backlog, employees are often concerned about their children turning 21 during the process and “aging out.” Children are typically included as “derivative” beneficiaries on their parent’s permanent residence process, and immigration law defines a child as unmarried and under 21. But what if a child turns 21 during the green card process? Will he or she “age out”? It depends.
The Child Status Protection Act (CSPA) provides a formula to adjust a child’s age to account for U.S. Citizenship and Immigration Services processing delays, so that he or she may continue to qualify as a “child” even beyond turning 21. The child’s CSPA-adjusted age is calculated by subtracting the number of days the employee’s immigrant visa petition was pending with USCIS from the child’s biological age on either the date of approval or the date an immigrant visa becomes available according to the visa bulletin (whichever is later). As long as the CSPA-adjusted age is less than 21, the child will qualify. Because of this subtraction formula, it may be strategic not to utilize premium processing with certain I-140 immigrant petition filings.
CSPA adjusted age = [Age at time of visa availability] minus [Time petition has been pending]
Example: An employee’s immigrant petition was filed the day before her child’s 21st birthday and was approved 365 days later with the priority date immediately available at that time.[1] Even though the child’s biological age is nearly 22, the child’s CSPA-adjusted age remains 20. As long as the adjusted age is less than 21, the child may be included with the employee parent’s green card process. But what if the employee’s priority date is not immediately available at the time of approval? The child is not protected by the CSPA and “aged out.”
Additionally, the CSPA-qualified child must “seek to acquire” lawful permanent residence within one year, typically by filing for Adjustment of Status in the U.S., or completing certain steps toward consular processing if the child is abroad.
There are important limitations to the CSPA. The CSPA protects children from aging out because of USCIS processing delays—not visa bulletin retrogression. The CSPA does not preserve nonimmigrant status; children who are H-4 or L-2 dependents, for example, will lose that status when they turn 21 and must find another visa category in order to remain in the U.S. lawfully. In addition, they must remain unmarried while waiting for their permanent residence approval.
During periods of retrogression, we are sometimes asked to predict when an employee’s priority date would hypothetically need to become current to prevent the child from aging out. In other words, what is the last possible date the child would qualify under the CSPA? This can be calculated by rearranging the formula.
[Date by which employee’s visa availability will be needed for the child to qualify under the CSPA] = [Date of child’s 21st birthday] + [Time petition pending]
Given current trends of significant retrogression in many employment-based categories with only minor advancement, employers and employees are encouraged to work with their BAL attorneys to initiate the green card process early where feasible, and consider contingency plans for children who may nevertheless age out.
Stephen D. Parker is a Senior Associate in the Dallas office of Berry Appleman & Leiden LLP.
The information contained here is meant to be informational, and while BAL has made every effort to ensure the accuracy of the information, it is not promised or guaranteed to be complete. Readers of this information should not act upon any information contained on this alert/blog without seeking professional counsel. This alert does not constitute legal advice or create an attorney-client relationship. Any reference to prior results, does not imply or guarantee similar future outcomes.
[1] For purposes of the CSPA, the date of visa availability is determined based on the Final Action dates chart of the visa bulletin. USCIS does not refer to the Dates for Filing chart for CSPA determination.