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- In general, a person who is born in the United States is automatically a U.S. citizen.

- In certain situations, a person who was not born in the United States can petition the Immigration and Naturalization Service (INS) for a certificate of citizenship showing that they derived citizenship at birth from a United States citizen parent or grandparent who was living abroad. Depending upon the circumstances and whether the p etitioner is legally residing in the United States, the petitioner may obtain a certificate of citizenship even if the parent or grandparent was not a U.S. citizen at the time the child was born abroad but later became a U.S. citizen.

- The most common way for a person not born in the United States to become a U.S. citizen is through the naturalization process.

To petition for naturalization, a person has to meet certain eligibility requirements.

- The petitioner must be a lawful permanent resident ("green card" holder), who has had a "green card" for at least five years, and is at least 18 years of age. However, a "green card" holder who is married to a United States citizen can petition for naturalization after just three years if:

- The petitioner's spouse has been a United States citizen for at least three years

- The petitioner must also be physically present in the United States for at least half of the five (or three) years that the person has been a lawful permanent resident.

- The petitioner must also reside continuously in the United States from the date the petition is filed until citizenship is obtained. Although a lawful permanent resident is allowed to leave and re-enter the country, absences beyond six months can break the period of continuous presence required for citizenship.

- To become a citizen, the petitioner must show good moral character and demonstrate that there is no reason the petitioner should be barred from becoming a citizen. For example, a person who has been convicted of murder, an aggravated felony, drug-related offenses, or certain other crimes may be ineligible to become a United States citizen. Other acts making a person ineligible for citizenship include the willful failure to pay child support or the failure to file tax returns.

- The petitioner is required to pass an exam demonstrating competence in English, knowledge of basic American history, and how the United States is governed. Certain groups of petitioners are exempt from the exam requirements:

- Persons over 50 years of age who have resided in the United States for 20 continuous years after obtaining green cards

- Persons over 55 years of age who have lived in the United States continuously for 15 years after obtaining green cards

In 1996, Congress enacted two new laws affecting immigration and welfare, making it impossible for most non-citizens to receive most public benefits. In fact, the receipt of public benefits by non-citizens can affect an immigrant's chances of becoming a citizen in the future.

Removal, formerly called "deportation", is a process that the U.S. government initiates when it wants to expel a non-citizen.

- A person who entered the country on a temporary visa, that has since expired, becomes removable.

- A long-time immigrant who has a green card can become removable if they commit a crime, or have committed a crime in the past.

There are many grounds for removal, which arise out of economic, moral, political, security, health, criminal, or other concerns.

There are additional grounds for removal added by the new immigration law including:

- Making a false claim of U.S. citizenship in order to receive a benefit under the immigration laws (even for employment purposes)

- Conviction for a crime that was the result of domestic violence, stalking, or child abuse.

Although a person may be able to seek a waiver of removal in certain circumstances, there are some grounds for removal that can not be waived.

When the government wants to remove someone, they must serve notice to that person, thereby giving them a certain amount of time to appear before an immigration judge. At that time, the person can admit or deny that they are removable and is entitled to a hearing before the judge. Even if the person admits that they are removable, they can seek certain types of relief from removal through the judge.

A person fearing persecution in their home country can seek asylum. To be considered for asylum, a person must have been in the United States for less than one year and be able to show that they have been persecuted in the past or has a well-founded fear of persecution in their home country because of race, religion, nationality, political opinion, or membership in a particular social group. If the judge grants asylum, the person is no longer removable and can apply for a green card one year later.

Persons of good moral character who have lived in the United States for at least 10 years and have a spouse or children who are U.S. citizens or lawful permanent residents can seek relief from removal. Relief may be granted to that person if they can show that removal would result in exceptional and extremely unusual hardship to the immediate family. If relief from removal is granted and a visa is still available (only a certain number of people can get these visas every year), the person can obtain a green card immediately.

In limited circumstances, a lawful, permanent resident who is removable because of the commission of a crime can seek a waiver if it can be shown that the positive factors of staying in the country outweigh the crime. Positive factors may include:

If relief from removal is granted, the person can remain in the United States as a lawful permanent resident.

- Has been in the United States for at least one year before the government seeks removal

That person can obtain a limited amount of time to exit voluntarily as opposed to being removed by the government.

Departing voluntarily, rather than at government expense, can make it easier for the person to obtain a visa to re-enter the United States in the future. Otherwise, a person who is removed at government expense is barred from re-entering the country for five years or 20 years if convicted of an aggravated felony.

Failure to appear at a removal hearing can result in an order of removal entered in the person's absence. Once this occurs, the person is barred from seeking many types of relief from removal for 10 years.

Visas are the passes that are necessary when applying to enter the United States on a temporary (non-immigrant visas) or permanent (immigrant visas) basis.

Depending upon the type of visa, a person may be allowed to work, attend school, obtain specialized training, vacation, receive medical treatment, or remain indefinitely. Certain visas allow a person to change or "adjust status" while in the United States such as:

- A person may enter the country on a tourist visa and change to a student visa in order to attend school

Other visas require that the person enter the United States for a specified period of time and return home.

A non-immigrant visa is applied for at the United States Consulate in the person's home country. Because these visas are temporary, the person must demonstrate:

There are many types of non-immigrant visas, depending upon the purpose of the trip. For example, there are special visas for fiancées of United States citizens, diplomats, tourists, business people, au pairs, exchange visitors, registered nurses, musicians, athletes, performers, and many more.

U.S. companies can apply for business visas to temporarily bring over foreign workers. Some examples include:

- H1 visas allow workers with specialized training, such as engineers, chemists, or computer analysts, to temporarily come to the United States to engage in specialized work.

- L-1 visas allow certain managers, executives, or employees with specialized knowledge of their company to come to the United States to open a new office or to work in an existing office of the same overseas company.

While these visas are temporary, a person with an H1 or L1 visa may be able to apply for permanent residency if the person desires to permanently stay in the United States.

- B-2 tourist visas allow a person to spend up to six months in the United States for pleasure (no work authorization) with the possibility of an extension from the INS.

- B-1 business visitor visas allow business people to participate in trade shows, scientific, educational, religious conventions, and engage in business-related activities (negotiating contracts, consulting with clients, litigation) while in the United States. However, the person cannot take a position that would require a working visa and cannot be paid by a U.S. company.

- F visas are available for students temporarily coming to the United States to pursue a full course of study at an established institution of learning.

Visitors Who Do Not Need Visas. Under the Visitor Waiver Pilot Program (in effect until April 30, 2000), certain types of visitors from 26 specified countries are allowed to temporarily enter the United States without applying for a visa.

As of April 28, 1998, the participating countries are: Andorra, Argentina, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, San Marino, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. New countries can be designated at any time.

Under this program, a person from one of the 26 participating countries can enter the U.S. without a visa if they:

- Will stay in the United States for 90 days or less (no extensions or changes/adjustments of status allowed)

Immigrant visas ("green cards") are for people who plan to permanently remain in the United States. Green cards can be obtained through close family members, employers, asylum after one year or the diversity lottery.

Visas are always available for immediate family members of U.S. citizens (spouse, parent and minor child).

- Other family members of U.S. citizens (sibling, son or daughter over 21 years of age)

- Immediate family of lawful permanent residents (spouse, child, unmarried son or daughter)

The length of the wait for a visa varies depending upon the country of nationality and the type of family relationship or business visa (preference category). Once a visa becomes available, the person must show that they are admissible to the United Statesby:

- Obtaining someone willing to sponsor them so that the sponsored person does not become a public charge

- A person who leaves the United States after being here unlawfully for over 180 days is barred from returning for 3 years.

- A person who leaves the United States after being here unlawfully for over one year is barred from reentering for 10 years. (There are discretionary waivers in limited circumstances)

Employment-based immigrants will need a U.S. company to sponsor them in order to obtain a green card. This does not include:

- Immigrants with extraordinary abilities (e.g. athletes, musicians, artists, scientists)

Before a U.S. employer can sponsor a foreign worker, the employer must persuade the Department of Labor to certify there are no American workers available for the position being taken by a foreign worker. Visas are sooner available for positions requiring at least two years of experience, than for positions requiring less experience.

The information in this article is intended to touch upon some of the more common immigration issues that arise.

It is by no means an exhaustive list of all of the options available. For example, there are special provisions aimed at certain groups of people such as:

Because immigration law is so complicated, and is subject to change at any time, it is extremely important to consult with an attorney with experience in this area before taking any action with respect to immigration issues.

In Motion Magazine: What has been the impact of the terrorist attacks on immigration?

Maria Jimenez: Definitely there has been a backlash. We had advanced to where we were challenging a lot of the restrictive immigration legislation passed in 1996. We were on our way in terms of a very strong social movement. But with the fact that many of the people who perpetrated this tragedy were foreign born, and were immigrants who lived in the United States, -- people are equating immigration with terrorism, which is not the case. Immigration is always a good political scapegoat for certain groups. We had, I think, gotten a lot of the anti-immigrant groups in the background as to their positions, but they are on the front burner now.

One of the things that is definitely happening is besides restrictive immigration legislation, and the curtailment of basic rights, constitutionally, there's the issue of border security. Up to now, we had always attempted to move border policy so that the U.S./Mexico border would look like the U.S./Canadian border. It seems now, because of the fact that some of the people who participated in this act of violence against the United States came through the Canadian border and airports, that the Canadian border will begin to look like the U.S./Mexico border.

There is a call for more border patrol agents and more border enforcement techniques. Airports are now being policed by multi-agency operations including the Border Patrol. This has been very common for the U.S./Mexico border airports but it was uncommon for cities like Houston or Dallas to see uniformed agents. Border security has become a priority. It rolls us back years in challenging the concept that people should have a right to move across international borders.

_Maria Jiménez is director of the Immigration Law Enforcement Monitoring Project (LEMP), a project of the American Friends Service Committee. Founded in 1987, it's goal is to reduce the abuse of authority in the enforcement of immigration laws.

_Quelle: www.inmotionmagazine.com/hrcr/mj2001.html

European Spaniards and their descendants were the dominant peoples of Texas for more than three centuries-from the beginning of the 16th century until well into the 19th. The Spanish changed New World history, native peoples, and even the land far more than others.

The Spanish came to Mexico and Texas as conquerors-soldiers, settlers, and priests. Other than exploitation of natural resources (gold, silver, timber, fibers) and human resources (Indian slaves), the Spanish goals were to impose religious and social orders on the natives and to set up a civilization matching what had been accomplished in Europe.

Texas remained a frontier under the rule of the Spanish, but the conquerors were relatively successful, considering their small numbers.

To some degree, the Spaniards were changed by the land and the people they found. Spanish religion and temperament condoned (and even encouraged) mixed marriages. Spanish law generally extended social rights to all free or freed people, whatever the mix of European or Indian or African, although government employment of any high rank was reserved to those of "pure" Spanish blood.

In the New World the Spanish Indians, the mestizos, quickly became numerous and important. People in Texas were called, and called themselves, Spaniards, Mexicans, Tejanos, Texas Mexicans, and, in recent years, Hispanics, Latinos, Mexican Texans, Mexicanos, Mexican Americans, la Raza, Chicanos, and, again, Tejanos. One single name has never been accepted by those of Spanish-Mexican-Indian descent, and some names have been socially or politically rejected by nearly all of such descent.

But by whatever name, the first Spaniards, later to be Mexicans, came to change things...and did.

Into a land that was, in anthropological terms, in a Stone Age, the Spanish brought European horses and armor and firearms, the ranching and farming traditions of Spain, legal and religious systems of tremendous power, architecture, printing, a common language and literature, European crafts and arts, as well as cows, sheep, donkeys, goats, chickens, and pigs, and grapes, peaches, and other crops.

The Spanish discovery of Texas and the first good map of the coast are attributed to Alonso Álvarez de Piñeda, who skirted the Gulf in 1519. Alvar Núñez Cabeza de Vaca was shipwrecked on the coast of Texas in 1528. He and three companions survived to tell and write about the Texas region.

The Spanish searched Texas for gold and silver such as they had found in Mexico and Peru. The name "Florida" promised beauty, and "New Philippines" hinted at just as much treasure as in the East Indies. But the Spanish were profoundly disappointed by the lack of treasure in Texas. Nevertheless, partially in response to politics, they extended the mission and presidio system northward and formed colonization schemes. Few succeeded for long.

Spanish efforts resulted in only three permanent settlements in the province of Texas: San Antonio (1718), La Bahía (Goliad, 1749), and Nacogdoches (1779). Los Adaes, in present Louisiana, was the provincial capital for a time, and Laredo (1775) was originally in Coahuila. Present trans-Pecos Texas now includes early settlements near El Paso dating from 1682, but at the time, that area was in the province of Nueva Viscaya.

The colonization work after 1767 by José de Escandón in Nuevo Santander (south of the Nueces River) resulted in the first European settlements in what would become South Texas-some seventy years later.

Thus, the Spanish government moved several thousand settlers and soldiers and missionaries with scattered villas and a central ranching region stretching from San Antonio de Béxar to Goliad.

Still, the Spanish were few. Settlement in Texas was not popular, and the road from the interior of Mexico was a hard one. The missions, villas, and presidios were largely self-sufficient in terms of agricultural products but were dependent on imported manufactured goods-weapons, cloth, gunpowder, sugars, and wine-although the settlers attempted the manufacture of all.

Texas became known as a cattle-raising province. A few big ranches and the missions, the major landowners at the time, raised large and profitable herds. Trail drives were organized in the 1770s as vaqueros moved cattle to Mexico and east to Louisiana. The latter route was in support of the Spanish on the Gulf Coast, who found themselves on the unlikely side of Anglo settlers in the War of Independence against Britain.

Frontier areas, when not very well supported by a central government months away, are ripe for revolution, and by 1800 the Spanish empire was tottering. Citizens of mixed blood were beginning to do more than just resent the rule of the "pure" Spaniard.

Conditions made Texas a battlefield. In 1811 revolution against Spain erupted as Captain Juan Bautista de las Casas convinced the presidial troops at Béxar to overthrow the local government. This effort lasted but a few weeks. The next year José Gutiérrez de Lara entered Texas with some Anglo-American backing and a small revolutionary army, and, for less than a year, Texas had an independent government. But Spain's royalists once again took over and ruled until 1821, when Mexico itself, including Texas, threw off the leadership of the ageing empire.

As a Mexican state, Coahuila y Tejas had a short but significant life. Even as a Spanish province, most of the people in Texas were natives of Mexico, if not born in the province itself. They were the ones who had built the villas and ranches, the schools and churches. They had no more tendency to look to central Mexico than they had to Spain. They were of independent mind. Although the word was used little in colonial times, they were Tejanos.

Mexico and Spain had created a society of Tejanos in Texas that was adaptable and productive. Yet this frontier culture was no match for the future competition with Anglo-Americans, who came from the United States in greater numbers and possessed a better technology in terms of communications and weaponry. Within two years of Mexico's independence from Spain, significant numbers of Anglos were allowed to enter Texas. Once the door was opened, it could not be closed.

Mexico established a congenial constitution in 1824, but a few years later Antonio López de Santa Anna rejected it in his rise to power. Some Tejanos stood with Anglo Texans in opposing the dictator. (The majority of Tejanos simply tried to keep out of harm's way.) Soon, another revolution was in full cry.

As Santa Anna's armies initially overran Texas, they were often brutal in their treatment of Tejanos, even though they were their countrymen. Tejanos died at the Alamo and served at San Jacinto. But after the successful Texas Revolution, many Anglos hated everything Mexican and made no distinction between Tejanos and Mexican nationals. Many Tejano families left for Mexico after the revolution of 1836.

Exceptions there were. José Antonio Navarro served in the congress of the republic and was a senator in the first two state legislatures. Antonio Menchaca was a mayor pro tem of San Antonio. Francisco Ruiz served as the first Bexar senator to the Texas congress. Navarro, Ruiz, and Lorenzo de Zavala were signers of the 1836 Declaration of Independence. Juan Seguín led a cavalry unit protecting Sam Houston's army and reentered San Antonio after the retreat of the Mexican army. He gave the funeral oration for the slain Alamo defenders.

But the political dance of the United States and the Republic of Texas called for a merger. And with the merger came new conflict. The war of 1846-1848 between Mexico and the United States, enthusiastically supported by the new State of Texas, established expanded borders for Texas that the republic could not have defended and widened the gap of hate between the people of Mexican descent and the Anglo-Americans.

Many Tejanos left for Mexico as the best chance, if not a good one. For some 60 years immigration from Mexico nearly ceased. The new state became literally Anglo in influence, head count, culture, and language.

Some Tejanos stayed in spite of prejudice, theft of their land, and relegation to "second-class citizen" status. Descendants of earlier arrivals managed a life in San Antonio and El Paso, and families stayed on the South Texas ranchlands they called home. But they were few and no longer in economic control.

Yet, from the turn of the 20th century, Mexico was a land of revolution and agricultural disaster. The inability of many people, landowners and laborers alike, to make a decent living caused hundreds of thousands of Mexican citizens to enter the United States. In the next 60 years, because they swelled the ranks of necessary, cheap labor, they were welcome. Many Europeans came in the early part of the century for the same reasons.

And the Texas-Mexico border is easy to cross. By the mid-20th century, one out of every five Texans was of Mexican descent-the new Tejanos. By 1990 the count was one in four. And by 2030, demographers estimate, the Anglo and "Hispanic" populations will be about equal-each at some 42 percent of the total number of Texas citizens.

As in nearly every century of Texas history, the European-Spanish-Mexican-Tejano heritage is easy to see. Texas is, after all, not simply an Anglo United States' state, but also a former state of Mexico and a former Spanish province. This shows not only in the people but in foods, dress, music, customs, laws, language, architecture, beliefs, and religions as well.

Spain brought Europe to Texas, and Mexico brought the New World-the result was the Tejano.

_The University of Texas Institute of Texan Cultures at San Antonio

_Quelle: www.texancultures.utsa.edu/publications/texansoneandall/tejano.htm