The importance of seeking US citizenship.
If there is one thing that I emphasize to my clients who have recently become legal permanent residents, it is the importance of becoming a US citizen if they intend to remain in the United States. I have received many calls from prospective clients who are long-time permanent residents who have gotten into some trouble and are at risk of being deported from the only home they have known for decades and separated from their children and spouses.
The reason I make sure my clients are thinking about this topic even though they have just become permanent residents is that as a resident, you have far fewer rights than a US citizen. In fact, aside from basic due process rights under the United States Constitution, your life in the United States is dictated by the political winds that blow in Washington DC at any given time and those changes frequently.
The provisions of the IIRAIRA Bill of 1996 have had devastating effects on many lawful permanent residents and their families by removing relief and creating new grounds for removal that were retroactive. In other words, legal permanent residents were (and are) being removed for acts they committed, or at least said they committed as part of a plea deal, years ago.
The perfect example of this is HR4437 [http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.04437] passed by the House of Representatives last year. This ridiculously harsh bill not only makes it an “aggravated crime” to be in the United States without status (or illegally entered or lost status at some point) but it also makes it an aggravated criminal as well. This doesn’t just apply to smugglers, as the bill has separate penalties for those who are helping the undocumented or out of their status for profit. This bill also applies to family members, clergy, lawyers, anyone who can do something (possibly anything, as the language of the bill is very broad) that makes the person stay in the United States while out of status.
Since mixed status families (families with some undocumented members and members who are in the US legally) are common, this could create a situation where not only the undocumented worker is expelled from the US, Rather, family members who are permanent residents can be charged with an aggravated felony and subject to expulsion as well. Being charged with an aggravated felony can prevent the family member from seeking any relief from deportation and they can be deported no matter how long they have been in the United States.
On the other hand, an American citizen cannot be removed from the United States (and arguably would be subject to criminal prosecution, but it is unclear how realistic this risk is) and that is why it is important to seek naturalization if eligible. and if you intend to stay in the United States. Particularly in the kind of anti-immigrant climate we see today.
