Tag Archives: green card

Become a US Citizen vs. Staying on Green Card

In the last 20 years with the turmoil in the US Immigration system combined with the continual overreach of the US Government particularly in the areas of privacy and taxation, a debate exists in the mind of many Americans and foreigners alike as to whether US Citizenship is something worth pursuing or even renouncing (especially if living permanently overseas).

From a foreigners perspective a typical path to living permanently in the US might look something like this;

  1. Tourist / Student: via J-1 Visa Intern / Exchange Program / Work & Travel 0r F-1 Visa for University with OPT Work or B-1 Visa for Tourists / Visa Waiver ESTA
  2. Work Visa: H-1B Visa or E-3 Visa or O-1 Visa or L-1 Visa
  3. Permanent Residency: Green Card via EB-1 Visa / EB-2 Visa / EB-3 Visa

Now at this point after 5 years of holding Green Card, a foreign national would be eligible to apply for US Citizenship. There are some other criteria that need to be met like continuous residence, a naturalization test, language competence, etc. Also to note for Green Card holders who have married US Citizens the eligibility period is only 3 years and there is also special conditions for those who are eligible via US Military service.

However increasingly many foreigners who get to the Green Card stage are not continuing any further in their US Immigration journey. Currently there are about 8.8 million people who hold Permanent Residency status in the US who have not gone any further. This equates to about 3% of the entire population of the US and to put that into perspective, this group alone could change the outcome of all major US election results around the country. Considering that this one of the biggest things gained by going from Permanent Residency to US Citizenship, this is quite compelling.

To delve deeper let us document the major issues that people face when deciding about US Citizenship;

  • Giving Up Native Culture – Some foreigners genuinely feel if they take the oath of allegiance and other steps to becoming a US Citizen they are in essence giving up their tie to their country of birth / ethnicity. They feel that the stage of a Permanent Resident which conveys upon then the almost uninhibited right to live and function in the US along with their paying of taxes and respecting local culture is all they need
  • Giving Up Passport – Some countries like China and India amongst others don’t allow dual nationality so if you become a US Citizen and thus attain a US Passport, their original passport will become invalid potentially making their ability to travel to their original home more difficult and costly. Additionally it would mean not being able to vote in any elections or participate in other civic events where applicable in their country of origin.
  • Taxation – It is the obligation of a US Citizen to file a tax return every year with the IRS regardless of where they are living and earning an income. Additionally in most cases (a few countries like Australia have a tax treaty with the US recognizing tax obligations paid in each other’s countries as paid in full) if the income tax rate of the country a US Citizen is residing in and work in is lower than the equivalent US tax rate, then the difference has to be paid to the IRS. The IRS is also becoming ever more vigilant on foreign account holdings and reporting. Facebook co-founder, Eduardo Saverin, originally a Brazilian national who became a US Citizen but now lives in Singapore (enjoying their relatively low tax rates) famously recently gave up his US Citizenship because of the taxation requirements.
  • Voting – The most talked about right gained is the ability to vote in local, state and federal elections (although some jurisdictions like New York City are considering all residents the ability to vote in local elections). Given foreign nations are usually ignored and adversely affected by laws due to their lack of a voting voice, the chance to be able to influence Presidential races and US Immigration reform can be compelling.
  • Elected Office – While the rules differ in different cities, states and nationally and for the type of office, becoming a US Citizen will allow you to run for public office. The most celebrated case of this is where naturalized American, Arnold Schwarzenegger became Governor of California. However the office of the President is still reserved for natural born US Citizens.
  • Fees – Many Foreigners have spent years and decades spending tens of thousands to hundreds of thousands of dollars on immigration, legal, processing, US Consular, travel, logistic and other fees not to mention countless hours of lost time, earnings, productivity and social time for themselves and family in their US Immigration journey. Once they finally get to Permanent Residency stage they feel that for the first time they can function largely without anymore costs or onerous obligations to live a regular life in US. Given additional fees and time and process is required to become a US Citizen it is a stage many feel is just too much money
  • Land & Business Ownership – Some countries like China in addition to being strict about dual nationality and passports, they are also very strict about foreign real estate and business ownership or at least ownership in certain sectors like Media, Defense and Infrastructure. Therefore if a foreign national already has these ownership interests in their country of origin, they may have to give this up to be a US Citizen. The US also has some restrictions in terms of foreign and US holdings for certain sectors.
  • Travel – A US Passport from US Citizenship is a valuable thing to have for a freer and less costly travel experience with visas, etc. than many other passports particularly from Eastern Europe, Asia, South America and Africa. Therefore a regular traveler for business or pleasure might prefer to have the US passport even if it compromises other desires. However those with passports like EU Nations, UK, Australia, New Zealand and Canada gain nothing from a US passport that their own passports don’t already give them from a travel perspective other than possibly the greater number of US Consulates and Embassies around the globe.

Cj

Green Card Visa Bulletin June 2013 Update

The US Department of State recently published their June 2013 Visa Bulletin which tells people whether they are eligible to continue their process for a Green Card. This is essentially the monthly announcement that so many wait for because it may spell the beginning of a 5-10 year wait or more for the chance to continue their Permanent Residency quest in the US. The wait times in particular for Indian and Chinese foreigners is crazy and is a direct result of the illogical nature of how the current US Immigration laws are written.

This is a quest that ultimately has cost them career growth, salary growth, the ability to be flexible with themselves and their family, left them unable to move and even caused a guest blogger on this site to pen a letter to President Obama pleading for action on this green card issue for both the Immigrants who are legal and hurting as well as for the benefit of the US Economy at large. The current proposed US Immigration Reform seeks to address this to some degree but the reality is either may not pass, may be amended so it doesn’t help situation or more likely cause new issues with the backlog.

The main updates in the bulletin are;

EB-1 Permanent Residency Visa (Extraordinary Ability Professionals & Individuals)

  • EB-1 remains current for all applicants

EB-2 Permanent Residency Visa (High Skill, Advanced Degree & Senior Experienced Professionals)

  • EB-2 remains current for all applicants except Indian and Chinese
  • EB-2 priority date for Indians remained at Sept 1, 2004
  • EB-2 priority date for Chinese went from May 15, 2008 to July 15, 2008

EB- 3 Permanent Residency Visa (Skilled Professionals with Bachelors Degree or Equivalent Work Experience)

  • EB-3 (Skilled Workers) priority date for Indians advanced from Dec 22, 2002 to Jan 8, 2003
  • EB-3 (Skilled Workers) priority date for Chinese advanced from Dec 1, 2007 to Sept 1, 2008
  • EB-3 (Skilled Workers) priority date for Filipinos advanced from Sept 15, 2006 to  Sept 22, 2006
  • EB-3 (Skilled Workers) priority date for all other countries advanced from Dec 1, 2007 to Sep 1, 2008
  • EB-3 (Other Workers) priority date for Indians advanced from Dec 22, 2002 to Jan 8, 2003
  • EB-3 (Other Workers) priority date for Chinese advanced from Sept 1, 2003 to Oct 22, 2003
  • EB-3 (Other Workers) priority date for Filipinos advanced from Sept 15, 2006 to  Sept 22, 2006
  • EB-3 (Other Workers) priority date for all other countries advanced from Dec 1, 2007 to Sep 1, 2008

EB-4 Permanent Residency Visa (Religious Workers)

  • EB-4 remains current for all applicants

EB- 5 Permanent Residency Visa (Investment Visa)

  • EB-5 remains current for all applicants

One final point I will leave you all with if you are an Indian foreign professional who has been working in the US since as late as October 1, 2001 (given to do a green application process takes about a year) and then had their Green Card Application approved in Jan 2003 has reached an important milestone. After 10.5 years, no promotions at work, thus no career growth, little salary increase and the same company they can finally continue their Green Card process to the medical test and interview stage and final few months to hopefully officially becoming a permanent resident in the US. When they were originally approved and now waited 10.5 years, George W Bush had only finished 2 years of his presidency, the Iraq war was 2 months from starting, Windows XP was the latest operating system, there was essentially no such thing as a proper Smartphone, Facebook was a year away from commencing and Finding Nemo was a top movie of the year.

Cj