Legal Designations Of People Under US Immigration Law

Here are some common terms for people who are pursuing action under US immigration law. These are some definitions of common terms that crop up in the everyday, though most people have only a vague idea about what they actually mean; here is a chance to find out.

Citizen:
A citizen is someone who hold citizenship, which is defined as state wherein a person holds membership in a political community and whose rights, social and political, are defended by the country where they maintain citizenship. A citizen has political rights, such as voting, whereas a non-citizen does not. While similar to the term 'nationality;' citizenship differs because you can have a nationality with having citizenship (this means you are subject to the laws of the country of your nationality, but have no political participation rights). It is also possible to have political rights without being the national of a state as long as you are a citizen.

Native-born citizen:
A native-born citizen is a citizen who was born in their country of citizenship. If a person is born in any country, they are automatically given fully legal citizenship at the moment of birth. A person is considered to be a citizen at birth if they're jus soli, or born in the country in a certain place, even with non-native parents. They are also considered a citizen at birth via jus sanguinis, which is descent from a citizen of the country in which they were born. Either of these factors or a combination of both constitutes natural citizenship. If a person is both born in the country of citizenship to citizens of that country, they are considered a native-born-citizen. Both positions have all the same legal rights in a country; they're simply different ways of categorizing people.

Naturalized citizen:
A naturalized citizen is a person who chooses to voluntarily apply for citizenship (and gets it) in a country that is not their place of origin. People who apply for naturalization run the gamut from immigrant workers to refugees and aliens. Usually a person must meet certain requirements before becoming a naturalized citizen.

Dual citizen:
A dual citizen is a person who holds citizenship in two countries. An example might be if a child was born to Costa Rican parents in the USA. They would hold not only US citizenship, but Costa Rican citizenship as well. Another example would be if a child was born to an American parent and a Costa Rican parent in Costa Rica. The child would be a Costa Rican citizen, but could apply for naturalization in the US. Keep in mind that some countries, like the US and Cuba, don't allow dual citizenship due to unresolved political disputes.

Alien:
Legally, an alien is anyone who is not a natural or native citizen of the country in which they live or work. Legal aliens are those allowed to stay in a country if they meet a specific set of criteria; a resident alien is one who has a permanent or temporary living space; a non-resident alien is what anyone is considered if they legally visit another country other than their own; In law, an alien is a person who is not a native or naturalized citizen of the land where they are found; an illegal alien is a citizen of one country who resides illegally in another country; an enemy alien is a person designated an enemy of the country they're in on.

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Controversial Immigration Law Brings Fear, Conversation

I had a spirited and energizing conversation with a man this morning. At Dunkin Donuts, I had grabbed a hot chocolate and a donut and took a seat, beginning to peruse the morning Courant. I couldn't help but notice the man at the next table chatting with a young man, and they were quite engaged. What they were discussing, I do not know; only that they were clearly enjoying their conversation.

Shortly after I sat, the young man left. As I read through the news section of the paper, the gentleman (now with no one to share his time with) asked if there was anything good "in there." I responded by telling him there was lots of crazy stuff.

"Have you heard about what they're doing in Arizona?" I asked him. Before allowing a response, I informed him of the new legislation signed by Arizona Governor Jan Brewer, which makes it a misdemeanor to not possess proper immigration paperwork and also requires police to determine whether people are in the country illegally.

His take on the matter? He feels it's okay...after all, we need to know who's here legally and who's here illegally. I countered with my argument that it's blatant discrimination. Now he didn't tell me what part of the south he's from, but he did tell me that down south it was a way of life to be discriminated against when he was coming up, and it was "just how it was." "But it's still discrimination," I protested.

Noting that I recognized how there were separate toilets, separate water fountains, separate everything, I fervently told him, "Medgar Evers died for freedom from discrimination, Martin Luther King died for freedom, all sorts of folk died for freedom." He mentioned how on the buses he was required to sit in the back. I countered thus, "Yeah, Rosa Parks made a stand for freedom!"

There was no way in which I was going to convince him of the wrong perpetrated on the citizenry of Arizona, though. He was adamant about the need to be certain of who was who. After all, "back in the day, 90% of the black people were outlaws." My protest to that statement brought his estimate down to 80%. I laughed and protested again, to no avail.

I told him about the time I was driving on Weston Street in Hartford with my Jamaican sister, Michelle, on a Sunday morning. We were heading to church and I got pulled over by a police officer. This was shortly after my license plate had been stolen, and I had put the other plate in my back window so as to prevent another theft.

Now I know the only reason I got pulled over was because it was 9:30 on a Sunday morning, I was in North Hartford, and there was a Black woman in my passenger seat. Ostensibly, the reason was the license plate, but Michelle and I both knew better (So did the cop!). Of course, there was no ticket, no warning, just the traffic stop and what we considered to be harassment.

When I told him, he just nodded his head in (I suppose) agreement; acknowledging that it's just how things are. Though he agreed that discrimination was wrong, I could tell that there was no way I was going to change his mind about it being normal and expected.

As for the Arizona law itself, supporters have described it as a way for police to take the handcuffs off police in dealing with illegal immigration in Arizona, a gateway for illegal human and drug smuggling (primarily from Mexico). The Mexican American Legal Defense and Education Fund is planning a legal challenge to the law, saying that it "launches Arizona into a spiral of pervasive fear, community distrust, increased crime and costly litigation, with nationwide repercussions.

Governor Brewer ignored an admonition from President Barack Obama that it would lead to widespread racial profiling. Also, on Thursday, April 21, Mexico's Senate unanimously passed a resolution that urged the governor to veto the law. The Vice President of Guatemala, Rafael Estrada, said the law is "a step back for those migrants who have fought" for their rights; and Guatemala's Foreign Relations Department decried the measure in a statement that said "it threatens basic notions of justice."

Approximately 2000 protestors booed upon learning that Gov. Brewer had signed the bill and, according to County Supervisor Mary Rose Wilcox, "the governor did not listen to our prayers."

Gov. Brewer has ordered that the state's law enforcement licensing agency develop a training course to teach implementation of the law without violations of civil rights. "We must enforce the law evenly, and without regard to skin color, accent, or social status," she said. "We must prove the alarmists and the cynics wrong."

Time will obviously be the judge. President Obama has instructed the Justice Department to examine the law for its legality. He called the bill "misguided" and said the federal government must enact immigration reform at the national level - or leave the door open to "irresponsibility by others."

Now back to my conversation with John (I learned his name just before I departed). We did, in the end, agree to disagree. Our hour-long conversation covered all sorts of topics...church, white folk, New Orleans (somehow I almost always get to insert that topic into conversation), the peculiar habits of church-folk, the need to stay in shape (prompted by a friend of his on her way to the gym to work out).

I would imagine I'll see John again, and I'll welcome it. For me, I'm hoping that the next opportunity will enable me to say "I told you so" about this immigration (anti-immigration) law; but if it's not to be, that will still be fine with me. I'll enjoy another opportunity to share a beverage and a coffee shop with a new friend.

George M. Akerley

How Do I Find A Good Immigration Lawyer?

Finding a good lawyer is one of the most important things you can do for yourself if you're looking for help with immigration issued. As in any other field of law, a good immigration lawyer who knows the ropes and understands every aspect of immigration law is imperative to winning your case, filing your papers, or any other action you pursue.

However, immigration lawyers are not created equal. There are some who excel and others who are terrible and everything in between. The most important thing to think about before you begin your research is whether or not they specialize in their field.

This is important, as an immigration lawyer who specializes in amnesty law may not be the best person to choose for deportation matters, and vice versa. They should have direct experience in their sector of immigration law. Of course, many immigration lawyers have several specialties, so just make sure that, above all, they have experience with cases similar to yours (as well as decent results).

Another thing to check for is background. You can find out what school they applied to, where they took their bar exam, what professional associations they belong to and much more. This is especially important in knowing who is a professional with the license to help you and who just wants your money.

Make sure the immigration lawyer you choose belongs to the American Immigration Lawyers Association (AILA). While this isn't the only indicator of a lawyer's worth, anyone with legitimate credentials who pays a fee can get in. This weeds out the real fakes and allows you to narrow down your list and focus on reputations.

Reputations, reputations, reputations. This can't be stressed enough. If a lawyer has been in the news a lot for positive cases, serves as a source for newspapers or anything similar, you can bet they're pretty good at what they do.

References and a successful track record are a must. If you can, get your hands on some references and do some research online. Forums, chat rooms and the like are great places to find valuable information about the lawyer you're looking into. The internet is a powerful tool and is one of your best friends when looking for a good immigration lawyer.

Remember: knowledge is power. Ask lots of questions and don't be afraid to grill your potential lawyer. You're the client, and have every right to know if your lawyer knows their stuff. Come prepared knowing a little about immigration law, or at least the basics, and an understanding of the services you need for yourself. For example, if you're dealing with deportation, look up USA deportation laws and familiarize yourself with them enough that you understand what your lawyer's saying.
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