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Home , Immigration

Reason magazine, October 2008 Issue

What Part of Legal Don’t You Understand? M i k e F l y n n a n d S h i k h a D a l m i a I l l u s t r a t e d b y T e r r y C o l o n

Opponents of are UNITED fond of telling foreigners to “get in line” Are you Congratulations! You’ve After five After you file your STATES Total time to that found one of the easiest years (three before coming to work in America. But CITIZEN immigrate and relative’s ways to become an if you’re a papers and endure become a citizen: what does that line actually look like, parent, Yes American. There is no spouse), a six to 12 months of BEST CASE: SIX spouse, annual cap on the green card processing delays, and how many years (or decades) does TO SEVEN YEARS or minor number of spouses, holder is you can take a it take to get through? Try it yourself! child? minor children, or parents eligible to language and civics of U.S. citizens who can become a test. Pass it, and enter, and they generally citizen. you’re a citizen. can receive green cards. Total time to Adult children Wait time No immigrate and siblings depends and become a of U.S. on home With a green card, Single adult Married adult Siblings of citizen: 12 TO citizens can you likely can children: six-to- children: seven- U.S. citizens: 28 YEARS apply for a and marital become a citizen 14-year wait. to-15-year wait. 11-to-22-year green card. . wait. after six years.

If you’re the Are you the Are you a minor? With a green card, LAWFUL child, are you a Wait time spouse or Spouses and minor you likely can Total time to PERMANENT minor? depends on child of a children of lawful become a citizen immigrate RESIDENT home lawful permanent residents after six years. and become a Yes country. permanent can apply. citizen: 11 TO Wait time: resident? 13 YEARS five to seven Do you have family in the USA? Yes years. Yes Yes Total time to No No No Are you single? immigrate Sorry, Wait time for a single and become a Is your relative a U.S. citizen you’re Wait time adult child of a lawful citizen: 14 TO or lawful permanent resident? out of Sorry, you don’t No depends on permanent resident: 20 YEARS luck. qualify to apply. home country. nine to 14 years.

Are you skilled?

The wait time for a green card Yes Do you have a college degree OK. Then you ...you have Yes Yes After your green card, is typically six to 10 years. in a specialty occupation? have a shot, if... a job offer. count on another five to Yes six years for . Is your employer willing to file the paperwork for a Can you prove that you No If an employer can’t Congratulations! labor certification? And are a genius? How about wait six to 10 years for You have found conduct a new job search Total time to a star athlete? Or an Sorry, you’re you to start work... No the quickest way for your position? And pay immigrate and investor with $1 million? out of luck. to get a green up to $10,000 in legal and become a citizen: card, taking 12 other fees? ...is he willing to apply 11 TO 16 YEARS to 18 months. Yes for your temporary work Sorry! There is virtually no But you would visa (H-1B)? have made it process for unskilled Sorry, you’re out of luck. No immigrants without relations anywhere, Mr. Beckham. Sorry, you’re in the U.S. to apply for Then you have a 50/50 chance of getting permanent legal residence. out of luck. your H-1B, because these visas are No Only 10,000 green cards are capped at 85,000 per year, well below the allotted every year, and the Total time to total demand. They run out on the first day wait time approaches infinity. With your green immigrate and they become available. If you are lucky (Those who receive H-2A or card you can become a citizen: enough to get one, you can start working in H-2B temporary visas for become a citizen SIX TO SEVEN the country and your employer can apply for seasonal work cannot in five to six years. your labor certification and green card. transition to a green card.) YEARS

(Flynn is director of government affairs and Dalmia is a senior policy analyst at . This chart was developed by Reason Foundation in collaboration with the National Foundation for American Policy.)

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