Los Angeles Citizenship & Naturalization Lawyer
Benefits of U.S. citizenship
One of the benefits of becoming a U.S. citizen is that you may obtain a U.S. passport which will facilitate travel abroad. Mostly importantly, you will secure the right to vote. Legal Permanent Residents are not afforded this right. Further, you will be forever protected from removal or deportation. Finally, you will acquire the right to petition more family members so that they may immigrate to the U.S. You will be able to petition spouses, parents, children of any age or marital status, and siblings as well.
Requirements of Naturalization
Citizenship is automatic for those born in the U.S. Most other individuals must apply for naturalization in order to acquire citizenship. In order to apply for naturalization, you must demonstrate that you have been a legal permanent resident for at least five years, that you have been a person of good moral character during those five years, that you have resided in the state in which you are applying for at least three months, that you have been physically present in the U.S. for at least one-half of the previous five years, and that you have not been absent for a continuous period of more than one year during the previous five-year period.
The above-mentioned five-year period is shortened to a three-year period if the naturalization applicant acquired his or her green card through a U.S. citizen spouse and remains married to that spouse at the time of the naturalization interview.
At the interview, applicants must also pass an English and civics exam. Study materials for the civics exam may be found at the U.S. Citizenship and Immigration Services website, www.uscis.gov. A practice exam is also available online. Some individuals are exempted from these requirements. Those who are disabled may not be required to take these exams. Some applicants may be exempted from the English exam and permitted to take the civics exam in their native language. These individuals include those who are more than 50 years of age and who have resided in the U.S. for at least 20 years as Legal Permanent Residents, and also those who are more than 55 years of age and have resided in the U.S. as Legal Permanent Residents for at least 15 years.
Risks of Naturalizing
Those with criminal convictions should consult with an attorney before applying for naturalization. Criminal convictions, whether in the previous five-year period or prior, could result in a finding that the applicant does not possess good moral character and therefore is not eligible for citizenship. Those on probation must complete their probation in order to be approved for naturalization. Most importantly, those with criminal convictions may be deportable despite that fact that they possess a green card. If the naturalization application is denied on these grounds, the immigration officer may refer the case to court to initiate removal proceedings against the green card holder.
Derivative Citizenship
Those born abroad to at least one U.S. citizen parent may derive citizenship through that parent. For example, a U.S. citizen father may transmit citizenship to his son where the son was born in 1980 if the father was physically present in the U.S. for ten years prior to his son’s birth, five of which were after he was 14 years of age. Derivation of citizenship laws vary depending on the child’s date of birth. The laws also vary depending on whether the child was born in or out of wedlock.
Child Citizenship Act (CCA)
The Child Citizenship Act of 2000 is an example of derivative citizenship for children. Under this law, children may be deemed U.S. citizens if one parent is a citizen by birth or naturalization, if the child applicant is under 18, if the child applicant is a Legal Permanent Resident, and if the child is residing in the U.S. in the legal and physical custody of the citizen parent. Step-children are not covered under this law.
FAQ’s
1. I have had my green card for four years. When can I apply for my citizenship?
You may apply no more than ninety days before the five year anniversary of your green card.
2. I was convicted of two DUIs and am currently on probation. Will the officer grant my naturalization application?
Most likely not. You should wait until you have completed probation before you apply.
3. I was born in the United States, but I have lived in another country for almost my entire life. Am I a U.S. citizen?
Yes. All persons born in the U.S. are U.S. citizens.
The information contained on this page is for general informational purposes only and is not to be construed as legal advice.
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