Duties and rights vary for each status

Citizenship and residency in the United States are two different legal statuses, and it is crucial for those seeking to immigrate to this country to understand their differences, as each confers a different set of rights and obligations.

Generally speaking, citizenship implies a legal bond between a person and a country. Citizens have rights such as voting and receiving consular protection when traveling abroad. Citizenship is obtained by being born in the country, having citizen parents, or through naturalization, a process that requires meeting certain requirements, such as passing a citizenship test and becoming a resident.

Residency, on the other hand, refers to living legally in a country. One can become a resident through a visa or a residence permit. Residents have certain rights, although more limited than citizens, such as access to health insurance and education, and must fulfill obligations such as paying taxes.

U.S. Citizenship

U.S. citizens are those born in the U.S. or who have acquired citizenship by naturalization. Foreign-born children of at least one citizen parent may also be citizens. To naturalize, one must be at least 18 years old, be able to read, write and speak basic English, and demonstrate “good moral character.” Those who have been permanent residents for more than five years, are married to a U.S. citizen, are military service members, or are the children of citizens may apply.

The naturalization process includes filling out a form (available online), submitting documents to USCIS, attending an interview, and passing a citizenship test. The process can take between nine and 11 months, depending on several factors. The final step is to take the Oath of Allegiance to the United States.

Rights of U.S. Citizens

U.S. citizens enjoy numerous rights, such as voting in elections, applying for family immigration, obtaining driver's licenses, accessing all levels of education, opening bank accounts, obtaining Social Security numbers, working in the private or government sector, accessing federal benefits such as Social Security and Medicare, obtaining passports without compromising their citizenship, transmitting citizenship to their foreign-born children, and running for political office.

U.S. Residency

Lawful permanent residents, with Green Cards, may live and work indefinitely in the country. This includes those on nonimmigrant visas, who have temporary permission to reside in the U.S. for specific reasons such as work, study or tourism.

To obtain a Green Card, specific USCIS steps must be followed, which vary depending on the circumstances. First, an immigrant petition is filed. Once approved, you apply for a Green Card from USCIS or a visa from the Department of State. Next, a biometric appointment is attended to provide fingerprints, photos and a signature, followed by an interview. The applicant then awaits a decision on his or her application. The process for nonimmigrant visas varies depending on individual needs.

Rights of U.S. Residents

Residents with Green Cards have several rights, such as obtaining a Social Security card, which gives them access to various health benefits and Supplemental Security Income. They can also sponsor visas for their spouses and children, serve in certain branches of the military, and access federal assistance programs such as SNAP (food stamps), depending on their length of residency and income. They may travel outside the U.S., as long as brief trips do not affect their permanent resident status.

In terms of responsibilities, residents must file tax returns and notify the USCIS of any change of address. They cannot vote in elections or be eligible for certain federal benefits reserved for citizens.

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