Issues with Citizenship and Naturalization!

Becoming a United States citizen is the dream of most immigrants. It is the culmination of sometimes a long road through the immigration process. However, for some it is still a mystery. We have tried to compile some of the basic of citizenship in this legal guide.

What is a Naturalization and Who Qualifies?

Naturalization is the process of going from immigrant status to US Citizen status. You must i) continuously hold a green card for 57 months (33 months if the green card was obtained through marriage to a US Citizen, and 45 months if the green card was obtained through Asylum), ii) have knowledge of the English language, iii) have familiarity of US Civics and History, and iv) be of good moral character. You may apply for a reentry permit if you wish to spend 1-2 years outside the US, but spending 1 year outside the US will break continuity of residence. Trips of 6 months to 364 days may also break continuity, but you may have an opportunity to prove that continuity was not broken.

Re-Entry Pemit and Breaking the Continuity

There are exemptions from the English language test. If you are 50, and have been a green card holder for 20 years, you may be exempt. If you are 55, and have been a green card holder for 15 years, you may also be exempt. There are also disability exemptions. For those who are at least 65, and have been a green card holder for 20 years, a simplified civics and history test may be administered. There are also disability exemptions to the civics and history test. Good moral character is somewhat subjective, and the reviewing officer will take into consideration things such as declarations others, community service, arrests, convictions, habitual drunkenness, etc. The standard for good moral character is that of the average citizen in the community where you live.

When can I Obtain Citizenship Through Naturalization?

You may apply for naturalization after 4 years and 9 months (57 months) from the date you received your green card, or 2 years and 9 months (33 months) if you received your green card through marriage to a US Citizen, or 3 years and 9 months (45 months) if you received your green card through Asylum. You must have been physically present in the US for 30 months or 18 months if you received your green card through marriage, just as long as you did not break continuity of your residence in the US.

What are the Benefits and Limitations of Applying for Naturalization?

Naturalization is ideally the goal of nearly all immigrants in the US. You may apply to obtain a US passport as soon as you become a US Citizen through naturalization. As a US Citizen, you can not be deported or lose citizenship, even if you commit a crime or choose to live anywhere else in the world, for any amount of time. US Citizens can also have more options to petition for green cards for close relatives. You also become eligible to vote in elections and apply for government jobs restricted only to US Citizens. Naturalization is not irreversible, however. If it is discovered that you were not eligible for naturalization, or that you were not eligible for a green card at the time you acquired it (for example, marriage fraud or asylum fraud), then your citizenship may be revoked and you may be subject to removal. Also, if your home country does not recognize dual citizenship, you could lose citizenship in your home country. Loss of citizenship in your home country may have an

What is the Attorney’s Role in a Naturalization Case?

In a straightforward naturalization case where there are no complications, often people find that they may apply for naturalization without the help of an attorney. Some people still feel somewhat uncomfortable facing a USCIS officer alone, and would like someone to attend the interview with them. A naturalization applicant may only bring in an interpreter if necessary and an attorney. For some people, applying for naturalization might actually create problems, so in cases where there are complications (arrests/convictions, breaks in continuity), it is highly recommended that the case is at least reviewed by an immigration lawyer.

Disclaimer

Disclaimer: This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Feel free to check our website to read more about marriage petitions.

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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).