10 Myths About U.S. Immigration Debunked: What the Law Really Says
U.S. immigration is a complex and often misunderstood system. With so many laws, policies, and evolving regulations, misinformation can spread easily. These misconceptions can lead to confusion, anxiety, and even mistakes during the immigration process. To help you separate fact from fiction, we’re debunking 10 of the most common myths about U.S. immigration and explaining what the law really says.
Myth 1: Anyone Can Apply for U.S. Citizenship
Fact:
Not everyone is immediately eligible to apply for U.S. citizenship. You must first become a lawful permanent resident (Green Card holder) and meet specific criteria before applying for naturalization. These requirements typically include:
- Having a Green Card for at least five years (or three years if married to a U.S. citizen).
- Demonstrating continuous residence and physical presence in the U.S.
- Showing good moral character.
- Passing English and civics tests.
Citizenship is a multi-step process, and it can take years to become eligible.
Myth 2: Marrying a U.S. Citizen Guarantees a Green Card
Fact:
Marriage to a U.S. citizen does not automatically grant you a Green Card. The marriage must be legitimate and not solely for immigration benefits. Couples must go through a thorough application process, which includes:
- Filing Form I-130 (Petition for Alien Relative).
- Completing Form I-485 (Adjustment of Status) or consular processing abroad.
- Attending interviews to prove the marriage is genuine.
Fraudulent marriages can lead to severe legal consequences, including deportation and bans from reentry.
Myth 3: Immigrants Take Away Jobs from American Workers
Fact:
Multiple studies have shown that immigrants contribute positively to the U.S. economy by filling labor shortages, creating businesses, and generating jobs. Many immigrants work in industries facing labor gaps, such as healthcare, agriculture, and technology. In fact, immigrant entrepreneurs create millions of jobs by launching small businesses.
Myth 4: Undocumented Immigrants Don’t Pay Taxes
Fact:
Undocumented immigrants contribute billions in taxes every year. Many pay taxes through Individual Taxpayer Identification Numbers (ITINs) and payroll deductions. Additionally, they contribute to local and state economies through sales, property, and excise taxes.
Myth 5: Asylum Seekers and Refugees Enter the U.S. Illegally
Fact:
Seeking asylum is a legal right under U.S. and international law. Individuals fleeing persecution have the right to apply for asylum at official ports of entry or after entering the country. Similarly, refugees undergo rigorous screening and vetting before being admitted into the U.S.
Myth 6: Immigrants Can Easily Get Public Benefits
Fact:
Most immigrants, especially those with temporary visas or undocumented status, are not eligible for federal public benefits like welfare, food stamps, or Medicaid. Only certain categories of immigrants, such as refugees or Green Card holders after five years of residency, may qualify for some benefits.
Myth 7: Children Born in the U.S. Can Automatically Sponsor Their Parents
Fact:
While children born in the U.S. are citizens by birth, they cannot sponsor their parents for a Green Card until they turn 21. Even then, parents must still meet all immigration requirements, and the child must provide financial support through an Affidavit of Support.
Myth 8: The U.S. Has Open Borders
Fact:
The U.S. has one of the strictest border security and immigration enforcement systems in the world. Legal entry into the country requires proper documentation, visas, and adherence to immigration laws. U.S. Customs and Border Protection (CBP) enforces these laws at all entry points.
Myth 9: Green Card Holders Cannot Be Deported
Fact:
Green Card holders are lawful permanent residents but are not immune from deportation. Certain criminal convictions, immigration violations, or security-related concerns can result in deportation. Maintaining good moral character and abiding by U.S. laws is essential.
Myth 10: It’s Easy to Get a U.S. Visa
Fact:
The process of obtaining a U.S. visa can be long, complex, and expensive. Applicants must meet strict eligibility requirements, provide detailed documentation, and sometimes wait years for visa availability, especially in family and employment preference categories.
The approval of visas is never guaranteed, and denials can occur for various reasons, including incomplete applications, ineligibility, or security concerns.
Understanding the truth about U.S. immigration laws and policies is essential for making informed decisions and avoiding costly mistakes. If you or a loved one are navigating the immigration system, the Law Offices of Karen Monrreal in Reno, NV can provide expert guidance and support throughout every stage of the process. Contact us today to schedule a consultation and take the first step toward achieving your immigration goals.