Illegal Aliens and Birthright Citizenship
The United States Constitution is the supreme law of our great country. Found in our Constitution, is the fourteenth amendment. But, did the authors of the Fourteenth Amendment want or not want to grant citizenship to every person who happened to be born on U.S. soil? And does "subject to the jurisdiction" mean something different from "born in the United States,"? First, let’s see exactly what the fourteenth amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (1) XIV Amendment to the U.S. Constitution Next, let’s examine the current requirements and policies in place for legal immigration and citizenship in the United States. “Immigration is the act of entering a country with the intention of permanently living and/or working there, although U.S. immigration laws also cover entry into the country for almost any purpose, including temporary stays beyond a certain length of time. Below is an overview of immigration processes in the United States. Eligibility
The immigration system in the U.S. is set up primarily to grant immigration status based on factors such as family reunification, in-demand work skills, and capital investment. The immigration system also covers refugees and asylum seekers, and provides a "lottery" for immigration status to people who have less pressing immigration needs. The procedure for gaining legal immigrant status will depend upon, among other factors, which path you are eligible to pursue based on your employment, education, and family situation.
If an individual is seeking immigrant status based on the fact that they have a relative who is a U.S. citizen or lawful permanent resident, the following is required: •
The individual must be eligible for lawful permanent residence based on a family relationship that is recognized under U.S. immigration law. Not every relative is instantly eligible, and some immediate family members (spouses and children) are given preference over others. •
Form I-130, Petition for Alien Relative, must be filed by the individual's relative (called a "sponsor"), along with proof of the family relationship, and the petition must be approved by the government (the U.S. Citizenship and Immigration Services bureau). Employment
If an individual is seeking immigrant status based on a permanent employment opportunity, the following is required. •
The individual must be eligible under one of the five categories of employment-based immigration recognized under U.S. law. •
The individual's employer must complete and submit a labor certification request (see Form ETA 750A and Form ETA 750B [must be submitted two-sided]) to the Department of Labor's Employment and Training Administration. •
The individual's employer must file an immigrant visa petition (usually Form I-140, Petition for Alien Worker) and the government must approve the petition. Capital Investment
Although relatively rare, if an individual makes a qualifying capital investment in the United States, he or she may be eligible for immigrant status, provided that: •
The investment meets a certain threshold dollar amount, benefits the U.S. economy, and creates or saves a specific number of jobs. •
Form I-526, Immigrant Petition by Alien Entrepreneur, is filled with and approved by the government. Refugee
To be eligible for refugee status, an individual must have suffered past (or be in fear of future) persecution on the basis of race, religion, nationality, political view, or membership in a certain group. An...
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