November 10th, 2006
It's Getting Scary Out There
Aty. Frank Nelson

INCREASED Xenophobia (fear of aliens) in this country since the September 11th terrorist attacks continues to make life more difficult for non-U.S. citizens in this country. Vigilante groups are stationed at the borders to try to keep people out, there are rumors of some police departments conducting door-to-door searches for illegal immigrants, Republicans in Congress continue in their efforts to deport as many aliens as possible. In short, this is not a very happy time in our country's immigration history.

The only group of foreign-born people who are relatively safe from these developments are naturalized U.S. citizens. Yet, I see people in my office almost every day with serious immigration problems which could have been avoided by simply naturalizing when they became eligible. When I ask them why they did not naturalize, the most common answer is “I meant to, but I just never got around to it.”

Permanent Residents of the U.S. can be deported from this country due to relatively minor crimes such as shoplifting or driving under the influence. Even worse, a crime which does not make you deportable can become a deportable offense if you leave the country. Because of this, many people who have gone back to the Philippines for a relative’s wedding, or simply to visit family and friends, only to discover that their pleasure trip has jeopardized their future in the United States.

Even if you have never been arrested or convicted of any crimes, leaving the U.S. can still jeopardize your status. Many people believe that they can leave the country for up to a year without having any problems upon their return. This is simply not correct. Permanent Residents who are absent from the United States for more than six months put their status at risk. Even departures of less than six months can jeopardize your status under some circumstances.

On top of all this, Congress represents an additional threat to all non-U.S. citizens. Legislation is constantly being introduces to restrict the rights of non-citizens – for example, by taking away their rights to healthcare, social security and education.

Once again, the easiest way to protect yourself from this onslaught is to naturalize immediately once you become eligible. We are all busy, but this is one task that you need to “get around to.” Put it at the top of your list. Also, don’t just think about yourself, think about your children. Children who came here at a young age tend to not think about their immigration status. Put this together with the fact that most crimes are committed by individuals between 18 and 25 and it becomes obvious why most of my criminal alien clients are in their early to mid-20’s. The vast majority of these kids were convicted of non-violent crimes such as drug possession or theft crimes, but many of them will be going back to the Philippines – by themselves. Often, when I ask them why they never naturalized, they tell me that they thought they were U.S. citizens because their parents never talked to them about their status. Some of their parents are still not citizens, despite being here for 10, 15 or even 20 years or more. The parents who are U.S. citizens made sure to take care of their own paperwork, but didn’t even think about taking care of the immigration status of their children.

I’m sorry if this column sounds so alarmist, but it is really very painful for me to see, over and over, again, families literally destroyed simply because they never “got around to” filing a relatively simple application. There is nothing I would love more than to see all of you, and your families, safely living here in the United States. However, this is not going to happen automatically. If you are eligible to naturalized, do it. Now. If your children are eligible, make sure they do it. Now. It is really pretty easy and the alternative can be much, much worse.

http://www.asianjournal.com/?c=185&a=16904