If you are planning to live in a foreign country, you will encounter phrases such as “Permanent Resident” and “Citizen.” Both of these statuses allow you to legally reside in a nation, but there are some key distinctions between the rights, obligations, and advantages. Here’s a quick summary of each status.
What is Permanent Resident Status?
Permanent Resident status (known as a Green Card in the United States) allows foreigners to reside and work permanently in the country. Not citizenship but with some significant advantages.
What you need to know about Permanent Resident status:
1. Residency Rights
As a Permanent Resident, you are allowed to stay and work in the host country at any time. But you have to respect the country’s laws and regulations to remain there. In the United States, for instance, a Green Card lasts 10 years and is automatically renewed every few years.
2. Work and Study
Working and studying for Permanent Residents requires no other permits, with certain exceptions. For example, certain government employment or jobs with high-security clearance might be limited to citizens and not Permanent Residents.
3. Access to Social Services
Permanent Residents are entitled to several social benefits, including health care, education, and welfare benefits. However, there might be gaps in access to services for those who are less likely than citizens. For some reason, Permanent Residents may not get the same benefits, or wait longer to receive them.
4. Travel and Re-entry
The PRC can freely circulate within the country, but it may be more complicated to visit outside the country. A Permanent Resident will need a passport (for the home country) along with their Permanent Resident card or similar documentation to return to the country after visiting. You are limited in terms of how long you can be outside the country before you lose your residency.
5. Pathway to Citizenship
Permanent Residents may apply for citizenship under most jurisdictions upon satisfying certain criteria, such as residency for a certain number of years and an examination for citizenship. This is why a Permanent Residency is a pathway to full citizenship.
What is Citizenship?
Citizenship is the most prestigious status you can have in a country. It allows you all the rights, privileges, and duties. In contrast to Permanent Resident status which is typically reserved for foreigners, citizenship is usually acquired by birth, descent, or naturalization Now, here’s what citizenship gives you that Permanent Residency doesn’t:
1. Right to Vote
Only citizens have the right to participate in the country’s democratic affairs, including elections and referendums. Permanent Residents, meanwhile, cannot vote in federal elections or referendums.
2. Passport and Protection
They have access to a passport from their own country and thus can travel internationally much more easily. Also, citizens can enjoy consular assistance abroad. This essentially means their government can help out if they find themselves in legal trouble or other problems abroad.
3. Eligibility for Public Office
Citizens can run for office and serve in the state. These are normally held by citizens because they have a big role to play in national policymaking and governance.
4. Sponsoring Family Members
Nationals can sponsor relatives to Permanent Residency or Citizenship within the country and are thus able to easily rejoin families. This is not available to Permanent Residents, who typically have less flexibility regarding family reunification.
5. Allegiance and Civic Duties
The promise of citizenship is a greater commitment to the nation. Individuals are loyal to their nation and have to obey its laws, such as taxation, jury duty, and even enlistment (in countries that require conscription). They do not demand these obligations from Permanent Residents.
Summary: Permanent Residency vs. Citizenship
Both Permanent Residents and Citizens can work and live in a country, however, their rights, privileges, and duties are quite different.
Permanent Residency offers the resident permanent residency and the ability to work, but doesn’t give the citizen all of their rights. Permanent Residents might need to renew every few years, and some rights — such as voting or serving in government — are exclusive to citizens.
Citizenship, by contrast, provides full citizenship – exclusive voting and access to public office. Citizenship also entails greater duties: patriotism and civic duty, like taxation or jury duty.
Eligibility Requirements for Permanent Residency
There are several common paths to obtaining a Green Card:
1. Family-Based Immigration
Family-based immigration allows U.S. citizens and lawful permanent residents (LPRs) to sponsor certain relatives for permanent residency. Eligible family members include:
- Immediate Relatives: Spouses, unmarried children under 21, and parents of U.S. citizens.
- Other Relatives: Unmarried children over 21, married children, and siblings of U.S. citizens, as well as spouses and unmarried children of LPRs.
Steps and Documentation:
- Form I-130: The sponsoring relative must file Form I-130 (Petition for Alien Relative) to establish the family relationship.
- Visa Application: Once approved, the relative can apply for a Green Card through consular processing or adjustment of status if already in the U.S.
- Supporting Documents: Include proof of relationship (e.g., marriage certificate, birth certificates) and evidence of the sponsor’s status.
2. Employment-Based Immigration
Employment-based immigration allows individuals with job offers from U.S. employers to apply for permanent residency. There are several categories:
- EB-1: Priority workers with extraordinary abilities in their field.
- EB-2: Professionals holding advanced degrees or those with exceptional abilities.
- EB-3: Skilled workers, professionals, and other workers.
Steps and Documentation:
- Labor Certification (if required): For some categories, employers must obtain labor certification from the Department of Labor.
- Form I-140: The employer files Form I-140 (Immigrant Petition for Alien Worker).
- Adjustment of Status or Consular Processing: Once approved, applicants can adjust their status or go through consular processing to obtain their Green Card.
3. Asylum
Individuals granted asylum may apply for permanent residency after one year of being granted asylum status.
Steps and Documentation:
- Form I-485: Asylees must file Form I-485 (Application to Register Permanent Residence or Adjust Status).
- Supporting Documents: Include proof of asylum status and evidence of continuous residence in the U.S.
Eligibility Requirements for Citizenship
Becoming a U.S. citizen through naturalization involves several requirements:
- Residency Duration: Applicants must have been lawful permanent residents for at least five years (three years if married to a U.S. citizen).
- Language Proficiency: Applicants must demonstrate proficiency in English (reading, writing, speaking).
- Knowledge of U.S. History and Government: A civics test assesses knowledge about U.S. history and government.
- Moral Character: Applicants must show good moral character during their residency period.
Process:
- File Form N-400 (Application for Naturalization).
- Attend a biometrics appointment.
- Complete an interview where language proficiency and civics knowledge are tested.
Rights and Benefits of Permanent Residents
Permanent residents enjoy several rights and privileges:
- Right to Work: They can work legally in any job not restricted by law.
- Access to Public Benefits: Eligible for certain public benefits like social security and healthcare.
- Protection Under the Law: They have legal protections against discrimination.
Restrictions:
Permanent residents cannot vote in federal elections or hold certain government jobs that require U.S. citizenship.
Rights and Benefits of U.S. Citizens
U.S. citizens enjoy a broader range of rights:
- Voting Rights: Citizens can vote in federal, state, and local elections.
- Eligibility for Federal Jobs: Many government positions require citizenship.
- Sponsorship Opportunities: Citizens can sponsor more family members for immigration than permanent residents.
- Protection Against Deportation: Citizens cannot be deported from the U.S.
- U.S. Passport: Citizens can obtain a U.S. passport and access consular services abroad.
Responsibilities of Permanent Residents
Permanent residents have specific responsibilities:
- Paying Taxes: They must pay federal, state, and local taxes.
- Obeying Laws: Must adhere to all laws; criminal convictions can jeopardize their residency status.
- Maintaining Legal Status: Avoid long absences from the U.S., which could lead to abandonment of residency status.
Responsibilities of U.S. Citizens
U.S. citizens also have obligations:
- Jury Duty: Citizens may be called to serve on juries when required.
- Voting Participation: Encouraged to participate in elections at all levels.
- Obeying Laws: Must follow all laws at local, state, and federal levels.
- Global Tax Reporting Requirements: Citizens are required to report worldwide income to the IRS.
- Military Service (if needed): In times of national need, citizens may be called upon for military service.
Transition from Permanent Residency to Citizenship
Permanent residents, often referred to as Green Card holders, have the opportunity to apply for U.S. citizenship after fulfilling certain conditions:
- Residency Duration: Generally, a Green Card holder must have been a lawful permanent resident for at least five years. However, if they are married to a U.S. citizen, they may apply after three years of residency.
- Good Moral Character: Applicants must demonstrate good moral character during the residency period. This means avoiding serious criminal offenses and adhering to U.S. laws.
- Continuous Residence: Applicants should not have taken any trips of six months or longer outside the United States during the required residency period.
- Physical Presence: Most applicants, must have been physically present in the U.S. for at least 30 months out of the last five years (or 18 months out of three years if married to a U.S. citizen).
Naturalization Process: How to Become a U.S. Citizen
The naturalization process consists of several key steps:
Step 1: Application for Naturalization (Form N-400)
The first step is to file Form N-400, Application for Naturalization, which can be completed online or via mail. Applicants must pay the filing fee unless they qualify for a fee waiver.
- Early Filing: Applicants can submit their N-400 application up to 90 days before reaching the required residency period.
Step 2: Biometrics Appointment
After filing the application, applicants will receive a notice for a biometrics appointment where their fingerprints will be taken for background checks.
Step 3: Citizenship Interview and Exam
Approximately 14 months after filing, applicants will attend an interview with a USCIS officer who will review their application and assess their eligibility.
- Citizenship Test: During this interview, applicants must pass a civics test covering U.S. history and government as well as demonstrate English proficiency.
Step 4: Decision on Application
After the interview, USCIS will issue a decision on the application. If approved, applicants will receive instructions regarding the Oath ceremony.
Step 5: Oath of Allegiance
Finally, applicants must take the Oath of Allegiance at a naturalization ceremony, which grants them U.S. citizenship and results in receiving a Certificate of Naturalization.
Dual Citizenship: Can You Have Both Permanent Residency and Citizenship?
Dual citizenship allows individuals to hold citizenship in two countries simultaneously. In some cases, permanent residents may retain their status while also obtaining citizenship in another country.
Benefits of Dual Citizenship
- Travel Flexibility: Dual citizens can travel more freely between two countries without visa restrictions.
- Access to Benefits: They may access benefits and rights in both countries.
Challenges of Dual Citizenship
- Legal Obligations: Dual citizens must comply with laws in both countries, including tax obligations.
- Potential Conflicts: Conflicts may arise regarding military service or legal matters between two nations.
Loss of Permanent Residency
Permanent residents may lose their Green Card due to:
- Criminal Activity: Serious crimes can lead to deportation.
- Long Absences: Extended stays outside the U.S. (typically over six months) may result in abandonment of residency status.
Loss of Citizenship
U.S. citizens can lose their citizenship through:
- Renunciation: Voluntarily giving up citizenship.
- Treason or Other Serious Crimes: Committing acts against the U.S., such as treason.
Traveling as a Permanent Resident
- Re-entry Challenges: Permanent residents may face scrutiny upon re-entry after extended travel abroad. They must prove their intent to return to the U.S.
- Travel Documentation: They should carry their Green Card and may need additional documentation depending on their travel history.
Traveling as a U.S. Citizen
- Unrestricted Travel: U.S. citizens enjoy unrestricted travel and re-entry into the country.
- U.S. Passport Benefits: Citizens can obtain a U.S. passport, which provides access to consular services abroad and facilitates international travel.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an EB-3 Visa or a Green Card, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can help you.
