The path to U.S. citizenship can be complicated for someone coming from another country, especially when a language barrier is involved. There are various legal steps that must be taken to ensure legal entry to the United States. The U.S. Citizenship and Immigration Services (USCIS) is part of the Department of Homeland Security (DHS) that oversees the country’s immigration and naturalization process. Obtaining lawful permanent resident (LPR) status means an immigrant will receive what is called a Green Card. This is an important step in the process of becoming a U.S. citizen through naturalization.

Grounds for Deportation

The U.S. government has the right to remove an undocumented immigrant from the country under certain circumstances. A criminal conviction is one of the most common reasons that an individual would be deported. While not all crimes are grounds for deportation, violent offenses in addition to the smuggling of undocumented immigrants into the United States may warrant an immigrant to be removed. These grounds typically include aggravated felony convictions or more than one conviction for criminal offenses that carry a jail sentence of more than one year. It is important to note that a jail sentence does not have to be served to warrant deportation or removal.

Below are a few of the criminal acts that can lead to deportation or removal from the United States:

People across the globe dream of immigrating to the United States for a better life. In some cases, they may have family members who are already in the country and want to join them. For some, seeking asylum here offers freedom from persecution. In other scenarios, individuals may come to America specifically for employment reasons. Regardless of the reasons, once an immigrant lawfully enters this country, he or she will likely need to find a job to support himself or herself. If someone has a family, it may be even more critical to find work. Building a new life in a different country can be daunting, and trying to find a job may be especially difficult. Below is some practical advice for finding work once you complete the immigration process. 

Understanding Your Work Options

If you want to work in the United States legally, you will need to gain official permission by obtaining a work visa. Through the United States Citizenship and Immigration Services (USCIS), the federal government offers various visas for different purposes. Some are for a temporary period of time, while others are permanent. Foreign nationals who wish to work in the United States for a short time would obtain non-immigrant visas. These documents are not necessarily intended to provide a path to permanent resident status or U.S. citizenship. 

Each year, the U.S. government offers a certain number of employment-based (EB) visas that allow workers to remain and work in the States permanently. The majority of EB visas are allotted for employees who possess specialized skills or whose work is considered valuable to the United States.

The worldwide pandemic of COVID-19 has changed the way we live in just a matter of months. Local governments have issued “stay at home” orders and non-essential businesses have been closed for an indefinite amount of time. Individuals across the globe are practicing social distancing in an effort to flatten the curve for the number of new cases. Recently, the U.S. federal government announced the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The largest economic relief bill in U.S. history, the stimulus package will allocate $2.2 trillion in support to individuals and businesses affected by the economic plunge due to the virus. Those people who are in the midst of the U.S. immigration application process may be wondering how the CARES Act will affect their cases, especially in regards to the new Public Charge rule. 

Public Charge Rule 

In response to the coronavirus crisis, USCIS recently announced that the Public Charge rule cannot restrict access to testing, screening, or treatment of communicable diseases, including COVID-19. A Public Charge is defined as an individual who cannot support themselves through employment, financial assets, or assistance from family and instead relies on government benefits. According to U.S. immigration law, an individual who is considered likely to become a public charge is “inadmissible.” This means that they can be denied a Green Card or visa to be admitted into the country. The new Public Charge rule expands the types of publicly funded programs that are used to assess if a person is likely to become a public charge in the future. 

Certain immigrants who are residing in the United States, such as DACA recipients, may be eligible for the COVID-19 stimulus package payment that is on its way to families and individuals. However, some are concerned that this payment could be classified as a public benefit, which could influence a public charge determination later. 

When does the New Public Charge Rule take effect?

Adjustment of Status Applications filed on or after Monday, February 24, 2020 will be subject to the new rule.

On Monday, February 24, 2020, the U.S. Citizenship and Immigration Services (USCIS) is mandating the implementation of its new Public Charge Rule across the United States.

History

It has been part of immigration law since 1882 that those coming to the United States could not become a public charge, meaning that one emigrating to the United States could not expect the U.S. government to provide financial support to the intending immigrant. The term initially used was “professional beggars.”