Acquiring U.S citizenship

U.S citizenship can be acquired in different ways: 1) by birth 2) by birth overseas to one or more U.S citizen parents 3) by naturalization.

Citizenship at Birth

According to the 14th amendment all individuals born in and subject to the jurisdiction of the United States are citizens. A child born outside the United States to one or both parents who are U.S citizens may be a citizen depending on the applicable citizenship acquisition statute in effect at the time of the child’s birth.

Citizenship through Naturalization

To qualify for naturalization, a person must be LPR; exceptions are provided for persons who serve honorably in the U.S military for at least one year. An applicant for naturalization must be 18 years old, have resided continuously in the United States for five years, three years for an individual married to U.S citizen, meets the physical requirement, must be a person of good moral character, pass english and civic test or is qualifies for an exemption. An individual applying for naturalization must reside for at least 3 months immediately presiding the date of filing in the state in which the petition is filed.

Derivative Citizenship

Under the Child Citizenship Act of 2000, a person may acquire citizenship derivatively through his or her parent’s naturalization. The child must be under the age of 18, an LPR, and reside in the United States in legal and physical custody of the citizen parent.

How can we help?

Whether you’re eligible for acquiring citizenship at birth abroad or through naturalization, if you’re facing any other complex issue, if you’ve been arrested, convicted, have tax issues, issues with continuous/physical presence requirements, or any other complicated situation. We can review your eligibility and advise you accordingly. It’s not advisable to file your Naturalization application (N-400) without the right counsel; contact us so you can have a competent counsel by your side.

Below are some examples of frequently asked questions by our clients:

How do I become a US citizen?

In order to become a US citizen you need to hold your green card for at least five
years.

How long does it take to become US citizen after marriage?

You can apply for citizenship, 3 years after receiving a green card, assuming that the marriage is still valid and living with your US citizen spouse for the duration of the 3 years.

When can a green card holder apply for citizenship?

According to USCIS a green card holder can apply for citizenship 90 days prior completing their permanent resident requirement.

What is the Gov. fee for filing Citizenship application?

The filing fee is $725.00 this includes $85.00 biometric fee.

What is the process of becoming US citizen?

Naturalization is a legal process via which a foreign national becomes a US citizen. In order to apply for naturalization an applicant must be :

 

  • Age 18 or older
  • Meet continuous residence requirement and physical presence requirement,
  • Have good moral character,
  • Must complete an application,
  • Go for biometrics,
  • Appear for interview
  • Pass English and civic test
  • Receive a decision in mail
  • Receive a notice to take the oath of allegiance
  • Take the oath of allegiance

What is the 4 year and 1 day rule for citizenship?

A lawful permanent resident with a disruption of continuous residence of 1 year or more only needs to wait 4 years and 1 day (or 2 years and 1 day if applying as the spouse of a United States citizen) after the date he/she returns to the United States to file the naturalization application.

 

What test are required?

Applicants are required to take and pass English test and Civic Test

What happens if I fail the citizenship test?

If you fail either the English test or the civic test you’ll get another opportunity to take the test. If you fail either test again at the second appointment your application will be denied.

Can I travel abroad after I apply for citizenship?

You can travel abroad as a green card holder while your citizenship application is pending; if you travel abroad for a genuine reason make sure you take your biometrics done and appear for your citizenship interview.

Are Exceptions available for English test?

Yes, there are certain exceptions available to the rule for someone who at the time of filing is 55 years old and has been permanent resident for at least 15 years 50 years of age and has been a permanent resident for at least 20 years

Note: Civic test must still be taken, you would be allowed to take the Civic test in your native language

Are there exceptions available for English and civic test?

Yes, for some one who at the time of filing the application has permanent physical or mental impairment that makes it difficult for him to full fill these requirements.

I’ve been convicted or charged with offence, can I apply for Citizenship?

Can I acquire Citizenship through parents?

Yes, there are 2 ways to acquire citizenship from US citizen parent, at birth and after birth before the age of 18. The law in effect at the time of birth will determine whether someone born outside the US to a US citizen parent is a US citizen at birth. In general these law require tha one of the parent was a US citizen at the time of birth and the US citizen has been living in the USA for some time.

I’m a US citizen and my child in born abroad?

A child born abroad to a US citizen parent should contact the nearest US embassy to apply for consular report of birth of US citizen parent.

How can your office help me?

Our office will review your case for eligibility for citizenship application. After thorough review of your case our office will give you a checklist of documents necessary to proceed with the application. A step-by-step instruction will be provided to you. We will prepare the entire application for Naturalization and submit it to USCIS with the correct filing fee and supporting documents. Submitting a well-prepared application is the best way to get the fastest processing times and avoid delays. Our office will keep you posted on the biometric appointment dates, interview dates etc. An Attorney can be present with you at the naturalization interview. At any time if USCIS needs anything from the applicant our office will be there to help you through out the process. You’ll be working directly with an attorney not with a paralegal.

We’re here to offer you unlimited knowledge and support. Please call our office during normal business hours, appointments   are available M-F (9:00 am to 5:00 pm) and Saturdays (12:00 noon to 3:00 pm)