A
Guide to Becoming a United States (U.S.) Citizen
Coming to the USA is
exciting -- new people, new places, new opportunities, new customs and new
laws! Whether you are considering working for an American employer or pursuing
a business investment venture in the United States arena, there are key issues
that need to be addressed for your goals to be reached. Unfortunately, all this
novelty can seem overwhelming, especially when it comes to immigration law. To
ensure that you are afforded all of the rights of residency or citizenship in
USA, follow these immigration tips.
HOW
TO USE THIS GUIDE:
Becoming a U.S.
citizen gives you new rights and privileges: it shows your patriotism, allows
you to vote, you obtain government benefits, and you are able to able to become
a permanent resident of the United States. Being a citizen also carries with it
new responsibilities. This guide will inform the reader of how to become a U.S.
citizen, and answer some frequently asked questions. This guide is not meant as
a substitute for legal advice. Should you have any questions or concerns you
should contact legal counsel.
DO
I NEED A LAWYER TO BECOME A UNITED STATES CITIZEN?
Many people navigate
the citizenship process successfully without an attorney. This is impossible to
answer without knowing your sophistication and education level. There is more
to the process than just reading and answering the form but of course this is
important as well. In theory you could read the same laws and regulations that
attorneys do and educate yourself but by hiring an attorney you be buying this
expertise. The advantage of an attorney is usually to get everything on file
correctly the first time -- errors in filing location and procedure will result
in a rejected case and a delayed filing but would not prevent you filing again;
it just loses time in the process -- knowledge of what to do if your case is
not proceeding as it should, and of course advising you on any potential land
mines that could come up at the interview, and issues of good moral character,
selective service, voting, taxes, child support or any of the other ancillary
issues that are increasingly raised at naturalization interviews..
Unless you have a
complex set of circumstances, you should be able to apply for citizenship without
aid of a lawyer. That said the U.S. immigration laws are complex. While there
are numerous resources to educate yourself and obtain the appropriate forms, there
is a lot to navigate through. Should you have any questions you should contact
legal counsel.
If one is represented
by an attorney who is a member of the American Immigration Lawyers Association
(AILA), the USCIS-AILA Liaison process may be used to solve some of these
problems.
Here is an example of
a screw-up by the USCIS not caused by anything the applicant did wrong:
Last
week someone who applied without an attorney told me that his case was denied
because he told the officer at the interview his father had become U.S.
citizens while he was a Permanent Resident under age 18; the officer told him
he was already a U.S. citizen by operation of law, and he should file an
application for a Certificate of Citizenship; he then filed the requested
application, but it too was denied because he could not prove that his father
had a custody order or that he actually resided with his father during the
required time. Purely because of the officer's error, this person will have to
file a new case, resulting in an enormous amount of wasted time and effort, and
a very large amount of filing fees.
HOW
DO I FIND A REPUTABLE LAWYER?
If you have decided to
retain a lawyer, you will want to find a firm and lawyer with plenty of
experience and a great track record Make sure that you find a lawyer that specializes
in immigration. The legal field is vast, and a lawyer needs to be specialized in
a particular field. Some lawyers may take any type of case just to keep the
money coming in, but they are not necessarily well versed in one particular
subject.
Check your phone book,
the internet, your local bar association or word of mouth to get the names of a
few good lawyers. Most will meet for you the first time for fiancee. Use this
time to interview them. What is their experience, how much do they charge, and
what can you expect to get for your money by hiring them?
FREQUENTLY
ASKED QUESTIONS:
Why
should I become a United States citizen?
There are many benefits
to becoming a U.S. citizen. Some benefits include being able to live and work
permanently in the United States, without concern of being deported or denied
entry into the company. If you are a U.S. citizen you are able to vote, to hold
a federal job: and come and go from the country without fear over immigration
regulations.
How Long is the
Process to Obtain U.S. Citizenship?
The length of the
citizenship process is dependent upon where the applicant is located within the
United States. Generally speaking, an application citizenship takes about
six to seven months to process. To find out how long applications are
taking in your region of the United States, please visit the USCIS’s list of field office
processing times.
How Long must I be
a Permanent Resident in the United States before I Apply for Citizenship?
In most instances, a
person must be a lawful permanent resident for five years before becoming a
citizenship. However, spouses of U.S. Citizens can become a U.S.
citizen after three years of being a lawful permanent resident.
In special circumstances, the period might also be shorter than five years
(i.e. being a member of the armed forces).
Do I have to wait until
the five-year or three-year mark before applying for citizenship?
No, you do not have to
wait until the five or three year mark. You can apply up to 90 days
before you become eligible for Citizenship.
Is there any age
limitation on becoming a U.S. Citizen?
In most instances, a
person must be 18 before they can become a naturalized U.S. citizen.
There is no upper limit to becoming a U.S. citizen.
Does the United
States allow for dual citizenship with other countries?
Yes, the United States
allows individuals to possess dual citizenship. Although the United
States is not fond of dual citizenship, it realizes that it is a part of long
established international law. A person interested in dual citizenship
must ensure that the other country also allows for dual citizenship.
Who must be
registered with the Selective Service?
Only males who are
between the ages of 18 and 26 are required to register with the Selective
Service. Additionally, a person need not register if he is outside of the
United States or a lawful nonimmigrant resident. Not registering with the
Selective Service does not permanently bar an applicant from becoming a
naturalized citizen, but it may cause problems and should be handled
delicately.
What does Good
Moral Character Mean and Why is it Important?
To be eligible for
citizenship, a person must demonstrate that they have good moral
character. Good Moral Character can be demonstrated by NOT doing the
following:
1. committing a crime
involving moral turpitude
2. committing two or
more offenses which result in conviction and the aggregate sentence imposed
exceeds five years
3. violating a
controlled substance law
4. admitting to have
committed a crime described above, but never being formally charged, indicted,
arrested or convicted
5. being confined to a
penal institution (jailed) for an aggregate of 180 days pursuant to a
conviction
6. giving false
testimony to gain immigration benefit
7. being involved in
prostitution
8. being involved in
smuggling a person or persons into the U.S.
9. practicing polygamy
10. committing two or
more gambling offenses
11. having earned
income principally from illegal gambling activities
12. having been a
habitual drunkard
13. by willfully
failing to support dependent family members
14. committing
adultery causing break-up of a family
15. failing to
register for Selective Service
16. failing to file or
pay income taxes
Are there any
individuals who are barred from becoming Citizens?
Yes, including:
1. deserters of the
armed forces
2. advocates of
anarchy
3. advocates of
communism within past ten years
4. individuals facing
a removal order, except in certain military service naturalization
Must the applicant
be able to speak, read and write English?
In most cases, the
applicant must speak, read and write English. However, exemptions to this
requirement include if the applicant has a physical disability or mental
impairment, if the applicant is over 50 years old and has resided in the United
States as a permanent resident for over 20 years, or if the applicant is over
55 years old and has resided in the U.S. as a permanent resident for over 15
years.
What type of
questions should I expect on the Civics and Government part of the
Naturalization Test?
The USCIS has
developed extensive
study guides for the naturalization exam. Generally applicants do not need to buy or use
any additional study guides besides those provided by the USCIS.
Buy these books at
Amazon.com. It has secret tips and detailed explanations and solution on
problems you might encounter on your application process. It is highly
recommended by immigration lawyers if you are not hiring one.
How
do you become a U.S. citizen?
You can become a U.S.
citizen two ways: either by birth or through naturalization. The general
criteria for becoming a citizen are:
1. You have been
admitted for permanent residence for 5 years (3 years is your green card is
obtained through marriage);
2. You are over 18
years old;
3. You have been a
continuous resident for 5 years (3 years if you are married to a citizen);
4. You have been a
person of good moral character for 5 years;
5. You must have
elementary level English skills;
6. You must understand
the basics regarding the history and government of the United States.
Are
there any exceptions to these requirements?
Exceptions are
available for people that are disabled military, veterans, spouses of U.S. citizens
working overseas and permanent residents that work for particular
organizations. There are exceptions to the English requirement for people over
the age of 5 and you have lived in the U.S. for over 15 years: or you are 50
years old and have lived in the U.S. for 20 years. For more information on
these exceptions refer to the US Immigration Support Office.
What
does naturalization mean?
Naturalization is
process where a foreign national applies for and obtains citizenship for the
United States. Only legal permanent residents can apply, and only after they
have had a green card for 5 years (spouses of U.S. citizens have a shorter waiting
period).
What
are the requirements to file apply for naturalization?
1. You have been a
resident for five years;
2. You have been a
resident for three years, and been married to a U.S. citizen for
those three years and
are still married;
3. You a child of
resident parents who are U.S. citizens;
4. You have qualifying
military service.
What
about my child after I have been naturalized?
If you are
naturalized, and your children are permanent residents, they are considered naturalized
through the parents. They will still need to file a form called “Application for a Certificate of Citizenship".
In most cases they will be a citizen if:
1. Both parents are
naturalized;
2. Or the other parent
is deceased;
3. The parent has
legal custody;
4. The child was under
18 years old when the parents were naturalized;
5. The child was not married
at the time the parents were naturalized;
6. And the child was a
permanent resident when the parents were naturalized
How
long does the naturalization process take?
The process to
naturalization is a long one, usually taking two years or more.
What
is a green card?
A green card is proof
that a person is a lawful permanent resident of the United States. A green card
holder has the right to live and work permanently in the U.S. It also shows that
the person is registered in the U.S. in accordance with U.S. immigration law.
What
are the eligibility requirements for a green card?
You can apply for a
green card through a job, family, refugee or asylum status, self petition or
have a record created for permanent residence on your behalf.
In order to meet the
requirements to be a permanent resident you need to meet the following
criteria:
1. Have a qualifying
immigrant petition filed and approved;
2. Have an immigrant
visa immediately available;
3. Be eligible for on
the immigrant categories established under the Immigration and Nationality Act;
4. Be admissible in
the United States.
Family
based eligibility:
Relatives of U.S.
citizens do not have to wait for visas. Immediate family is defined as either
your spouse is a citizen, or if your parents are citizen, or unmarried children
under the age of2l are citizens.
Employment
based eligibility:
You can become obtain
a green card bases on your employment or job offer.
Refugee
or Asylum eligibility:
If you were admitted
into the U.S. as a refugee or you are the spouse of child of a refugee you are
required to apply for a green cared within one year.
How
do I get a green card?
There are many ways
you can obtain a green card Immigrants in most categories will need an
immigrant petition form. There are several specific varieties of the petition,
so the applicant should check with the U.S. Citizenship and Immigration
Services to determine which particular form is appropriate.
What
is a visa?
While a green card
means you have permanent residence in the U.S., a visa signifies the right to
enter the United States for a specified period of time. This would be used by a student,
for example, and is temporary in nature.
How
do I get a visa?
Visas are always available for relatives of U.S. citizens. If you in the family or employment
bases category, the availability of visas is determined by: your priority date,
the category you are immigrating under, what country you are coming from. The Department
of State controls the issuance of visas, and limits the amount issued every year.
You will need to file an Immigrant Petition, which places you on a waiting list
for a visa number. When a number becomes available you need to file an
Application to Register Permanent Residence or Adjust Status.
What
prohibits my admissibility into the U.S.?
Anyone applying for
immigration into the U.S. must be “admissible.” There are numerous grounds in
inadmissibility, but the most common are health related, criminal and security
reasons.
What
do I do after my green card is granted?
A green card is proof
that you are authorized to live and work in the U.S. You are required to keep
the card on you at all times. A green card is valid for 10 years, or two years
in the case of a conditional resident. The cards must be renewed before they
expire. You can use your green card to apply for social security card and state
driver’s license.
You will also use the
card as regain entry into the U.S. if you travel abroad If however you leave
the country for more than one year, additional documentation will be required. You
will need to apply for a reentry permit.
STEPS
TO BECOMING A U.S. CITIZEN
Obtain a green card
and wait for the 5 year period (or three years if you are married to a citizen).
Familiarize yourself
with the U.S. government immigration and naturalization requirements, as they
are rather complex. A broad understanding of the rules will help you move
forward and avoid confusion.
Fill out form N-400
which can be found on the U.S. government immigration and naturalization
website. Keep in mind that in order to apply for citizenship you must be a permanent
resident before applying. Send your completed form, with a filing fee of
$675.00 to the USCIS (United States Citizenship and Immigration). Check it a
good idea to check their website or contact them by phone to determine which office
to send you application to. Depending on what state you are sending it from you
will have a different office to send it to.
Determine if you
qualify for the citizenship test. If so begin preparing by studying basic U.S.
history and civics. You also have to be proficient in English. There are
resources available not only online, but through your community and local
library to assist you in preparing for the test.
You will be
interviewed and asked various questions from 100 possibilities. You will be required
to answer the questions both orally and in writing.
FILING
FEES AND COSTS:
Application
for naturalization: $675.00
ADVANTAGES
AND DISADVANTAGES:
1. U.S. citizens have
the right to vote;
2. You will have the
right to hold federal jobs;
3. You will have the
right to leave and re-enter the country freely
4. You are protected
when traveling abroad;
5. Your family members
will have the right to citizenship;
6. You will be
eligible for social security.
Disadvantages:
1. Property ownership
in native country might be problematic;
2. May need a work
permit to work in native country;
3. Must pass basic
English and history tests;
4. May lose the right
to vote in your native country;
5. May lose
citizenship in your native country;
6. The process of
becoming a U.S. citizen takes a long time.
To learn more about
the details please watch the video, How to Become a U.S. Citizen and Applying
for United States Citizenship.
How to Become a U.S. Citizen- Complete Videos
Applying
for United States Citizenship- Complete Videos
References:
U.S. Citizenship and
Immigration Services: Welcome to the United States - A Guide for New Immigrants
http://www.uscis.gov/files/nativedocuments/M-618.pdf
U.S. Department of
State: Immigrants to the United States http://travel.state.gov/visa/immigrants/immigrants_1340.html
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1 comments:
This is very informative. But sometimes, we end up hiring the wrong attorneys and paying extra. Therefore, it is important to first consult the attorneys and then hire them if they meet your requirements.
Marrero Law Office - Immigration Attorney To Obtain US Citizenship
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