Trump review could pull visas from 200,000 asylum seekers

American citizenship, a process that can take years to achieve

U.S. immigration laws have not changed in decades, but the interpretation and implementation of those laws are constantly evolving

and that remains a hot topic. So how does one become a citizen of the United States

Ladies and gentlemen, our newest American citizen. themselves. The path depends entirely on where they start. Some paths lead to the finish line

others to dead ends. Before we can talk about citizenship, we really need to talk about the

various types of statuses a non-citizen who's in the U.S. might hold, and then the various paths

someone who's outside of the U.S. might try to follow to even get into the U.S. with the hopes

of eventually being able to apply for asylum or for U.S. citizenship. Katie Meyer is the director

of the Immigration Law Clinic at Washington University in St. Louis and a professor of

practice. Meyer explains that non-citizens generally fall into four distinct categories. First, there are non-immigrant visa holders. Those are everything from, you know, your temporary

visas who come to go to Disneyland, to students, to medical workers, to people who work in hotels

to other types of temporary and seasonal workers in the U.S., okay

A really broad number of categories. Generally, those non-immigrant visa holders do not have a path

onto permanent resident status in the U.S. and therefore don't have a path to citizenship

There are a few programs that might have sort of accompanying programs

that often lead to permanent status, but they are not designed to lead to permanent status and citizenship

Second we have the immigrant category those seeking lawful permanent residence There are generally three paths here family employment and the diversity visa lottery However there is another critical path for those who are not coming through the traditional visa system

specifically refugees and asylees. They enter the U.S. with status, with refugee status

Asylees are people who came to the U.S., applied for asylum, and were granted asylum

That is a category of people who in the future will be able to apply for permanent resident status

making them like immigrants. And then after that, we'll be able to apply for citizenship

Finally, a fourth group falls outside these categories. They often don't hold traditional

status, but are a significant population. And I'll call them, you know, people who hold other

immigration documentation. That includes programs, protections that we hear about a lot on the news

temporary protected status, DACA, people who have been found approvable for a special visa for

victims of crimes. Once a non-citizen identifies which category they fit into, the next step is

usually to apply for a visa. So the normal process is someone who's outside of the U.S

is petitioned for for most immigrant visa categories. So we're not talking about the

temporary ones, the permanent visa categories, the actual person who wants to immigrate to the U.S

cannot apply for themselves. There are very few exceptions. Generally, they must be petitioned for

So if it's the family-based category, their U.S. citizen close family member, their spouse

their child over age 21, their parent, or in limited circumstances, their sibling

must be the one who files the petition. Congress places a limit on the number of visas allowed

But there are key exceptions. For the spouses of U.S. citizens, the unmarried young children of U.S. citizens, they don't have to wait in a line

Congress said we not going to cap or limit the number of visas for those family members But most other family members if it employment you need to show that employer still has that position waiting for you

And that you still have the qualifications for that job. You must prove you're not what the law calls inadmissible

You're not not able to be admitted into the U.S. under the statute

In plain terms, you can't have a criminal background. Could be simple arrests, could be prior immigration violations

Came on a visa and didn't leave when you were supposed to. Could be certain public health grounds, right, if you have certain communicable diseases

And more increasingly lately, could be if the government has reason to believe you are likely to become a public charge, might need to go on welfare in the future

Approval rates can vary wildly, often running between 60 and 90 percent, depending on the origin

If you are approved, you'll use your visa at the border. Your papers are stamped and you are granted lawful permanent resident status

The first step on the road to naturalization. The actual green card, as we call it, will come in the mail later

You have to pay a fee to get the card. That will come later. But you are a lawful permanent resident once you enter on an immigrant visa

The clock starts ticking for those who obtain lawful permanent residence and want to become an American citizen

To apply for a citizenship, you must live in the United States for a minimum amount of time

either five or three years. There is an exception for spouses of U.S. citizens

not other relatives of U.S. citizens, but spouses. The idea is Congress has sort of long had this idea of, you know, promoting marriage and family unity

So if you can apply after only three years, three years after getting permanent residence

if you are still married to and living with your U.S. citizen spouse

at the time you apply and go through the process. You must pass a couple of tests

prove that you can speak, read, and write English at at least a second grade level You must pass a U history and civics exam You must prove you have been a person of good moral character while living in the U And you must be willing to take the

oath of allegiance to the United States. And with that, you are now officially an American citizen

The process is cumbersome, but for those who enter the country illegally, the chance of becoming a

citizen is very slim. You are not eligible to apply for permanent residence, even if you're

married to a U.S. citizen, even if you have U.S. citizen kids, if you entered the U.S. without

permission. The opening line of that statute that Congress wrote says you must have been

quote, inspected and admitted or paroled into the United States. Basically, to become an American

citizen, they must leave the country and apply for a visa from their home country. For those

facing deportation, the battle is an uphill one. You have to be able to prove you've been a person

of good moral character during 10 years. Plus, the final hardest element is proving that your

deportation would cause, quote, exceptional and extremely unusual hardship on one or more of your

qualifying relatives. And the case law has said when Congress wrote exceptional and extremely

unusual, Congress was very clear that this hardship must be rare. It must go far beyond

the normal hardship you would expect a family to suffer from separation

Immigration statutes have remained largely unchanged since the 1990s. Most changes since then have been tweaks in implementation, usually driven by executive authority

You can have the heads of agencies, you know, at Department of Homeland Security, Department

of Justice, issue formal regulations. Regulations are rules that are promulgated or put out by the agency that say, this is

how we are interpreting and applying the law passed by Congress. And you get some wide differences

between how different administrations will interpret that