There are many myths surrounding U.S. immigration that can confuse potential immigrants. Here are a few of the most common:
Myth 1: "I can apply for a visa as soon as I land in the U.S."
Truth: U.S. visas must generally be obtained before entering the U.S. from a U.S. embassy or consulate in your home country. Only certain visa types (like some work visas) allow for adjustment of status after entering.
Myth 2: "If I marry a U.S. citizen, I automatically get a green card."
Truth: Marriage to a U.S. citizen does not automatically result in a green card. While marriage to a citizen allows you to apply for a green card, you must go through a detailed process, including proving the authenticity of the marriage.
Myth 3: "Entering the U.S. illegally for work will help my case later."
Truth: Entering the U.S. illegally or overstaying your visa can harm your chances of legal immigration. The law penalizes individuals who break immigration laws, even if they have family ties or employment opportunities in the U.S.
Myth 4: "If I enter the U.S. illegally, I can just apply for asylum later."
Truth: While it is true that individuals can apply for asylum if they fear persecution in their home country, entering the U.S. illegally complicates the process. If you enter the U.S. without inspection (i.e., crossing the border illegally) or overstay your visa, you may face challenges when applying for asylum. Being in the U.S. unlawfully can result in deportation and penalties, which could hinder your asylum claim. Additionally, there are strict deadlines for filing for asylum, typically within one year of arrival.
Myth 5: "Once I get a green card, I can never lose it."
Truth: While a green card (permanent residency) allows you to live and work in the U.S. permanently, it’s not immune to revocation. Green card holders must maintain their status by following certain rules, such as not committing serious crimes, not staying outside the U.S. for extended periods, and keeping up with immigration paperwork. If you are convicted of certain crimes, have unresolved immigration violations, or abandon your U.S. residency (e.g., by staying abroad for too long), your green card can be revoked, and you may be deported.
Myth 6: "If I have a U.S. citizen child, I automatically get a green card."
Truth: While having a U.S. citizen child can be an avenue to obtaining permanent residency (green card), it is not an automatic process. U.S. citizens can sponsor their parents for a green card, but children must be over 21 to sponsor a parent, and the sponsorship process itself takes time—often several years. For immigrants who are already in the U.S. unlawfully, having a U.S. citizen child can sometimes help, but it does not guarantee immediate approval for a green card or protection from deportation.
Myth 7: "Once I get a work visa, I can work for any employer in the U.S."
Truth: Many work visas, such as the H-1B visa, are employer-specific. This means that you can only work for the employer who sponsored your visa. If you wish to change employers, you must go through a process known as "H-1B transfer" or apply for a new visa depending on your circumstances. If you violate this condition by working for a different employer without authorization, your visa could be revoked, and you could face deportation.
Myth 8: "You can’t travel outside the U.S. if you are in the process of getting a green card."
Truth: You can travel while your green card application is pending, but there are specific rules and risks involved. If you are in the U.S. on a non-immigrant visa (like a tourist visa) and file for adjustment of status (to a green card), leaving the U.S. while your application is pending could result in the abandonment of your application. To travel, you would typically need to apply for Advance Parole, which allows you to reenter the U.S. while your application is being processed. It’s important to consult with an immigration attorney before making any travel plans during the green card process.
Myth 9: "If I get a student visa, I can work freely in the U.S."
Truth: An F-1 student visa does allow students to work in certain situations, but there are strict limitations. F-1 students are generally not permitted to work off-campus during their first year of study, except for limited employment related to their field of study (known as Optional Practical Training, or OPT) or on-campus jobs. Unauthorized work, whether on-campus or off-campus, can jeopardize your visa status and lead to deportation.
Myth 10: "The immigration process is the same for everyone."
Truth: Immigration processes are not "one-size-fits-all." Depending on the type of visa you are applying for (e.g., family-based, employment-based, asylum, student), the process will vary. Some visas are much easier to obtain, while others involve long waits, interviews, or the need for extensive documentation. Even within categories, factors like your home country’s visa backlog or whether you have a criminal record can affect how long it takes to get approved or whether you are approved at all.
Myth 11: "Once I’ve been in the U.S. illegally for a long time, I can apply for a green card."
Truth: Being in the U.S. unlawfully for a long time does not automatically provide you with the right to apply for a green card. In fact, being in the U.S. without legal status can make it more difficult to obtain a green card, especially if you’ve accrued "unlawful presence" (being in the U.S. without permission for a certain period). This could result in a bar to reentry for several years if you leave the U.S. To adjust your status or legalize your immigration, you may need to follow special procedures or wait for changes in law or policy.
Myth 12: "Immigrants can get free healthcare and benefits just by living in the U.S."
Truth: Immigrants do not automatically qualify for free healthcare or public benefits in the U.S. Eligibility for public assistance programs like Medicaid or food stamps (SNAP) is based on residency status, income, and other factors. Non-citizens, including legal immigrants, often face limitations on their access to these programs. U.S. citizens and legal permanent residents may qualify for certain benefits, but only after meeting specific income and residency criteria.
