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.

Marriage is a very important concept and establishment in the United States and as such Congress has determined that a foreign national who marries a United States Citizen spouse has the immediate ability to file for a permanent residence under a first category preference.

Make sure you have the proper documents to assit you in the process

It is not necessary to have an attorney to file for your marriage petition. However, having a good immigration attorney helping you in the process can make the difference between an approval and a denial. This legal guide will give you some tips and checklist of few of the necessary documents that you would want to put in your case to make sure the process goes smoothly. Note that this list is for general use only. Each case is particular, and it will be advisable to act or refrain to act basely solely on this list.

PETITIONER (U.S.Citizen) – Documents usually required from the Petitioner

__ Petitioner’s most recent tax returns

__ Petitioner’s W2 or 1099

__ Letter from employer stating annual salary, job title and date you started working __ 3 most recent check stub

__ Original petitioner’s naturalization certificate, U.S passport or certified copy of birth certificate of petitioner if born in the USA.

__ Applicant entry documents (passport, I-94, I-20s, IAP-66, etc)

__ Airline ticket for marriage trip

__ Miscellaneous: anything regarding a bona fide marriage

__ Phone bills of calls made between the two of you

__ 6 passport size photographs. (2X2 inch and white background)

BENEFICIARY (Foreign National) – Documents required

__ Certified copy of birth certificate with translation, if applicable

__ Medical Examination*

__ applicant only (form and list of doctors attached)

__ Miscellaneous: anything regarding a bona fide marriage

__ 6 passport size photographs. (2X2 inch and white background) * You will be asked about your vaccination history. If available, bring immunization records to your appointment. Note that if you are a beneficiary of INA 245(i) candidate, you will need to bring more proofs such as presence, copy of petition filed, etc.

Documents required by BOTH Petitioner and Beneficiary

__ Certified copy of marriage certificate with translation, if applicable

__ Engagement pictures, wedding pictures, photos of couple with family/friends, family photos (please label as to date, location and names of individuals in the photographs)

__ Bank accounts, property registered in both names

__ Insurance policies (medical, life, auto, etc.) with both names

__ Any documents with both your names on them, e.g. Letters, bills, statements, etc.

__ Lease or mortgage showing joint signatures/tenants

The List above is for informational use only.

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.

It is recommended to file such petitions with the assistance of a lawyer. Call our law firm today on 510 742 5887.

Having participated in many know your rights events on the aftermath of September 11, 2001, we have identified few basic things that an immigrant should know in order to deal with authorities when they come to you. This guide is limited in scope so please consult an attorney for more information.

Should I answer the questions of the agents?

You can definitely answer the questions, but no good attorney will advise you to do so. The reason is that anything you say at this point can be used against you. In fact, the only thing which is recommended at this point is to ask for an attorney. Asking for an attorney should stop the questions. Even if it does not, it will protect you in the future. The job of an attorney is to protect your legal rights. So make sure you always have an attorney’s number available. Please don’t think that by answering they might leave you alone. It might happen but again it is not recommended to answer without an attorney present

When I ask for an attorney, should they not provide me an attorney?

In case it is a criminal matter, and you cannot afford an attorney, the government will provide you an attorney. However because immigration law is civil in nature, no free attorney is provided. You should keep the number of an attorney or some organizations that help on a pro bono basis. This is in case you cannot afford an attorney.

If the agents come, should I let them inside my house?

Unless there is a search warrant, nobody can enter your house without your consent. Therefore, if an agent does not have a warrant, he/she might ask politely to come in. Once he/she comes in, the agent has the right to search the house based on consent. Also the rule of apparent authority, a roommate might consent to the search. Make sure if inform everybody in the house about the rules. Also make sure that you check if the agent has a warrant before letting the agent in.

What happens if they show me a search warrant?

If you are shown a warrant, make sure it is a real warrant. Check if a judge has signed it. If this is the case, you should allow the agents to proceed although you should mention that you are not consenting to this search. Do not try to intervene except by remaining silent. Remember you do not have to speak even if there is a valid search warrant. If they do not have a search warrant and still want to search the house, do not get in the way but make sure again to express that you are not consenting to the search.

What happens if I talk?

Anything that you might have said can be used against you. The worst part is if you lie to the government, they might use it against you. It is actually a crime to lie to the FBI, for example. Therefore remaining silent and asking for an attorney is the best option. Note that just remaining silent does not stop the questioning, however asking for a lawyer, should stop the questioning.

Disclaimer

The above just few basic rights you should know. Note that as a non citizen, you still have rights. You need to exercise them. Make sure you are careful about protecting yourself in the process One should not act or refrain to act based only on the above. No attorney client relationship is created unless a retainer is signed by both parties.