Q&A – The Pathway to Citizenship for Those Lacking Legal Status
Each day I feature a listener question sent by one of these methods.
Email: brianmudd@iheartmedia.com
Social: @brianmuddradio
iHeartRadio: Use the Talkback feature – the microphone button on our station’s page in the iHeart app.
Today’s Entry: I love your shows, long time listener, congrats on filling in for Hannity! I have a DACA thought you might not have given weight to. That being said I get the political pawns that DACA recipients are being used as a steppingstone towards a larger amnesty. My Wife arrived here in US as a 3-year-old, her parents were waived thru a legal Texas check point? That 3-year-old could not understand that she broke the law. She is now 38 years old (35 yrs in US) we've been married 15 years. Despite this, there is no path to a green card or citizenship? She has worked for that last 22 years, Since DACA, paying all payroll taxes Including SS and Medicaid that pays towards the current recipients, knowing she'll never see any benefit herself. All comprehensive Health care insurance plans require citizenship. She pays taxes so is she really using others persons taxes to pay her healthcare?
The Answer is no. Despite the political football with her having a SS #, all medical expense become a credit debt that others without SS# never see or pay? You tell me, doesn't she deserve healthcare. Right is Right! Find a path to Citizenship for Dreamers but not allow it for illegal law-breaking aliens.
"Did a 3-year-old really break the law, speaks perfect English, with an education and is a supervisor at her employment?"
Bottom Line: Thank you for listening, the support and for sharing your wife’s story. Whatever one’s position is on this issue, I believe there’s value in hearing your perspective and providing the real-world implications associated with what does or doesn’t happen with this side of the immigration issue. It was just in Wednesday’s Q&A that I made the point that one of, if not the, hardest things to do is to try to put oneself in someone else’s shoes. Your family’s illustration is an ultimate example of that concept, and the potential real-world impact of one-size fits all policy solutions. What you’re advocating for, and the very specific situation your wife found herself in, is precisely what Senator Marco Rubio proposed as part of what became known as the Gang of 8 deal 11 years ago – which become infamous in conservative circles, failed to gain momentum as a result, and potentially forever impacted his political career. Rubio’s proposal was for the southern border to be adequately secured, and upon that reality, creating a pathway for citizenship for those lacking legal status who were already productive members of society in this country. Before specifically addressing the potential merits of this argument let’s take a step back to address what the current immigration law is pertaining to citizenship.
For those seeking to become naturalized U.S. Citizens, regardless of location or status there are three musts that apply to all:
- Must be at least 18 years old at the time of application
- Able to read, write, and speak basic English
- Of good moral character
From there, foreign nationals seeking citizenship must begin the application process from their home country. The ten-step process is thorough and detailed and of course, eventual acceptance isn’t assured. There’s a $760 application fee and the eventual interview process includes an extensive civics and English test which must be passed. While it’s technically possible to complete the naturalization process in a few as 5 months, the average processing time is 18-24 months. Now, here’s where today’s Q&A is getting ready to take a turn. I don’t see where there’s a necessity to change the law for your wife to become a U.S. citizen.
Aside from the process for foreign nationals seeking to be U.S. citizens, there are four exceptions allowing for non-citizens to become U.S. citizens while living in the United States. Those four are:
- If one is a lawful permanent resident (Green card holder) for a minimum of 5 years
- Are married to a U.S. citizen for a minimum of three years
- If one is a member in good standing in military service
- If one is a child of a U.S. citizen
I’ll throw out the disclaimer that I’m obviously not an immigration attorney, and also that I’m only basing this statement on the accounts made in today’s note...with that being said, it appears as though your wife is eligible to apply for U.S. citizenship through the marriage exception. I would recommend you look into it. You asked for a path for those like your wife and those types of paths do exist. Your example leads me to wonder about how many people potentially in your family’s situation may simply be uniformed about the opportunities already available under law. Incidentally, this is an important dynamic within the larger debate as well. Many who advocate for open border policies and effectively for citizenship rights for all who make their way here suggest those who advocate for the rule of law are heartless and don’t care about families like yours. In reality, laws exist to address specific situations like yours.
There were a total of 878,500 new naturalized U.S. citizens last year. Perhaps your wife will become one next year? Hopefully this was helpful. Best wishes to you and your family.