NaturalizationN-400 Naturalization Application ProcessNaturalization Process - The naturalization process can be confusing and risky for some noncitizens. A noncitizen must meet the specific criteria to be eligible to naturalize and become a United States Citizen. First, the noncitizen must be "lawfully admitted for permanent residence." In other words, the noncitizen must have a green card, and must have been entitled to the green card. For example, if a lawful permanent resident ("LPR") was issued a green card based on false information, s/he was not lawfully entitled to the green card. Second, the LPR must be at least 18 years old at the time of filing the naturalization application (N-400). Third, the applicant must have continuous residence in the United States for three or five years depending on the applicant's specific situation. Continuous residence is broken if the applicant has spent a significant amount of time outside the United States. Fourth, the applicant must have been in the United States for at least half the total required period of continuous residence. For example, an applicant required to have five years of continued presence cannot have 2.5 years outside the United States during the last five years.
There are exceptions to the above rules for religious missionaries and applicants serving in the armed forces. Additionally, exceptions exist regarding the continuous residency requirement. A major requirement is that the applicant must be a person of good moral character. Seemingly minor criminal convictions can render an applicant ineligible to naturalize, and, in some cases, the applicant might be pleased in deportation proceedings depending on the severity of the conviction. For this reason, filing a naturalization application can be a risky proposition for some. If an applicant files a naturalization application, s/he might wind up in deportation proceedings. In essence, the filing of the naturalization application alerts the U.S. Government of your criminal history. Good moral character issues are not limited to criminal convictions. Failure to pay child support, illegal gambling, alcoholism, drug abuse, failure to register with Selective Service and adultery are just a few of the other bars to naturalization. Special circumstances exist for individuals who have served honorably in the United States Armed Forces during wartime. These individuals may be eligible to become naturalized citizens even if they are not legal permanent residents. In essence, they jump from having no green card to becoming a U.S. Citizen due to their wartime service. Most applicants are required to take a literacy, English and civics test as well. Some applicants are not required to take the exam such as older applicants and those physically unable to take the exam. Naturalization under INA section 319(b) is available to spouses of US citizens employed abroad. Jay - Thank you for everything. You are not only a great lawyer but a good person too, which is much more important! Congrats on your second child. We wish you and your family all the best. |
FAMILY BASED SERVICES
N-400 Naturalization Application I-130 Visa Petition Process Fiance Visa I-485 Adjustment of Status INA 245(i) Adjustment of Status K-3 Visas Same Sex Marriage Visa Interviews at Consulate Extreme Hardship Waiver I-601A Provisional Unlawful Presence Waiver Fraud Waivers I-751 Removal of Conditions on Green Card U Visa - Victim of a Crime T Visa - Human Trafficking Victim Deferred Action for Childhood Arrivals I-730 Form: Petition for Relative Living Abroad Reinstating Visa Petition Due to Deceased Petitioner Visa Delays, Denials & Appeals How Nelson & Nuñez, P.C. Can Help
The naturalization process can be difficult and risky. Oftentimes, it
is possible to determine whether the application will be granted prior
to filing. Nelson & Nuñez, P.C. can help you determine whether it is
worthwhile for you to file a naturalization application or whether there
is a risk of deportation and denial. Nelson & Nuñez, P.C. will review your
case thoroughly before filing, help you file the application and attend
your naturalization interview with you. Similarly, if your
naturalization application was recently denied, you may be entitled to
an appeal. Contact Nelson & Nuñez, P.C. to discuss your case.
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