Law Blog

Debunking Naturalization and Immigration Myths

It seems like Arizona just can’t get any good press coverage these days when it comes to its immigration policy.  The two are like oil and water, but in the classic conflict metaphor — akin to the BP Deepwater Horizon oil spill and not like delicious vinaigrette.  First Machete knocks them, and now their most recent illegal immigration prevention “heroes,” Arizona deputy sheriff Louie Puroll, may soon turn out to be a fraud.  Seriously, what sane person would (allegedly) intentionally shoot himself just to gain attention by making up a story that illegal Mexican drug smuggler did it?  I’ll tell you: a psycho.

Anyway, with immigration stories still perpetually in the news, it seems fitting to address another growing immigration disturbance I’ve seen gradually spread among the states lately: naturalization misconceptions — specifically, myths and other wrong assumptions surrounding how foreign nationals become citizens in the United States.  If you happen to doubt the prevalence of this problem, look no further than the hilariously misinformed Tea Party movement.  They seem to like spreading these types of rumors as long as it helps increase their recruitment numbers.

So without further ado, here are five immigration myths in serious need of debunking.

1) Marrying a US citizen magically makes you a Citizen

I’m going to chalk this one up to 80s movies.  Along with bringing us the training montage, they’ve also helped popularize the notion that a foreign national only needs to marry a US citizen in order to shortcut the naturalization process.  This is so false that I don’t know where to begin.  A real or fake marriage to a citizen won’t get you anything, but the chance to immediately apply for a permanent residency visa (AKA green card).  However, you’ll still have to go through the standard green card application and approval process, not to mention the fact that you’ll now also have to prove your marriage is valid.  This means the USCIS (United States Citizenship and Immigration Service) will also subject married couples to prodding interviews and other various verification methods.  Then, of course, the foreign party must still apply for and pass the citizenship test.

2) Committing any crime will automatically lead to deportation or denial of citizenship

This is myth comes more from uninformed do-gooders, Minutemen, and the telephone game rather than bad hair era movies.  Though it’s never a good idea to commit any crime aboard or in the U.S., especially if you want to become a citizen, being convicted of a crime isn’t an automatic bar to entry.  One thing about the American criminal justice system is that it’s all about the details.  In the case of potential citizens, though a criminal record is frowned upon, unless the crime is one of moral turpitude, then it generally won’t affect a citizenship application (though in this post-9/11 world, who knows anymore).  Moral turpitude crimes are generally anything that speaks to a person’s character, such as assault, theft, or felony crimes.  And even then, there may be a way out depending on your exact crime and the skill of your attorney.

3) Children of aliens can only enter the U.S. if the alien parent is married to a U.S. citizen

This one sounds like it would make sense since the alien parent has no legal connection to the US, but it’s not.  Family visa petitions allow aliens in the US or aboard to bring their entire immediate family with them into the country.  No need to marry anyone other than for love.

4) Knowing how to read, write, and speak English is required to become a US citizen

Despite what some Arizonians may tell you, you don’t necessarily need to know English to become a citizen.  Though English is listed as a requirement on the US Citizenship and Immigration Services website, the reason it’s there is because the entire citizenship process (application and exam) is conducted in English.  Therefore you’ll theoretically need to know enough English to understand the exam.  This means you don’t need to be fluent in English as long as you have a good memory, though a rudimentary understanding of the language will probably be much simpler than memorization.

5) Illegal aliens can never become U.S. citizens

Once again, I hate to burst Arizona’s bubble, but this is false, too.  Illegal aliens can petition to stay in the US even if they entered into the country illegally.  The petition can be for a green card or work visa or temporary stay visa.  Or did you forget the whole Elian Gonzalez debacle?

Becoming a citizen is hard enough.  Don’t let misinformation make it any more difficult.  And as always, please comment below with your own citizenship stories or thoughts.