By David A. Barnett, Esq.
Dear Mr. Barnett:
I have a lawful permanent residence status in the United States for the past seven years. Are there any benefits in becoming an U.S. citizen?
Inderjit Singh Dear Inderjit,
American citizenship is the major objective of many aliens who come to the United States, the ultimate culmination of the American Immigration Process. Naturalization ceremonies tend to be occasions for great joy, the outpouring of emotion, and heartfelt expressions of attachment to the new citizen’s new land.
On the other hand, large numbers of resident aliens seem quite indifferent to the opportunity of becoming a U.S. citizen. Many never make the change, remaining here indefinitely, as they are entitled to do, in permanent resident status. Others eventually become U.S.S citizens, but plainly find little reason to hurry to change their nationality.
It is my opinion based on many years of practice in immigration law, that there are important benefits to citizenship, which every alien who can qualify, should take advantage of. While the rights of a citizen and a permanent resident may differ slightly, there is an important legal distinction in that citizenship is, in a sense, permanent in nature, as opposed to permanent resident status which can be revoked for numerous grounds set forth in the Immigration and Naturalization Code. Indeed, there are over thirty separate and independent grounds for which the Immigration and Naturalization Service can rescind and terminate a person’s permanent residence status, ranging from violations of the criminal law to mental disease, engaging in subversive activities, possession of firearms, and the likelihood of becoming a public charge. These so-called, “bad acts” which may give rise to grounds of deportation, remain like an albatross with a permanent resident forever. Furthermore, based on the newly legislated anti-drug act certain serious crimes are automatic grounds of deportation, notwithstanding the length and extent to which an individual alien has been a lawful permanent resident in the United States. Indeed, I have personally represented several aliens with extensive year’s residence in the United States, some exceeding 20 years, who permanent residence status was in jeopardy because of a drug related crime. Although most persons do not consider themselves susceptible to falling into one of the categories of deportation, it is nevertheless a possibility that is eliminated through the process of naturalization. Once a person becomes a citizen that precious right cannot be taken away, short of an express act of renunciation or expatriation. Furthermore, in addition to the aforementioned “bad acts,” one can lose permanent residence status as a result of intent to give up residence in the United States. This intent can be manifest by extended trips abroad (one year or more by statue) or by a repeated pattern of trips abroad which may be construed by the Immigration Service as intent to
Abandon one’s permanent residence in the United States. I was recently involved in a case concerning a client who had been a lawful permanent resident for 39 years. His longest trip abroad did not exceed four months, but his trips were frequent and numerous over a six year period, and consequently, he was detained at the border and paroled into the United States and served with an Order to Show Cause to initiate a deportation proceeding because it was assumed that the alien had intended to abandon his continuous residence in the United States. Although the matter was resolved before the Immigration Court, needless time, money and psychological trauma could have been avoided had the individual become an American citizen?
Anyone wishing to discuss these matters in more detail, or any immigration or other legal problems, may contact David A. Barnett, Esq. of the law firm of Frenkel & Hershkowitz, P.C. at 319 Fifth Avenue, N Y New York, 10016, (212) 679-4666 for a free consultation. You may also send written questions to the above address. Responses will be published in subsequent issues.
Article extracted from this publication >> January 12, 1990
