NATURALIZATION / CITIZENSHIP
Naturalization’s residency requirements require careful attention to dates of travel. The applicant must meet the following three requirements:
Residence in the State of filing: for at least 3 months prior to the date of filing the application.
Continuous residence in the U.S.: for at least 5 years immediately preceding the date of filing the application and from the date of filing up to the time of Naturalization. An applicant breaks the continuous residency requirement if he or she stays out of the U.S. for over one year during the residency. Six months absence from the U.S. raises a rebuttable presumption of abandonment of the application.
Physical presence in the U.S.: for at least 30 months out of the 5 years immediately preceding the date of filing the application.
Naturalization and US Citizenship
We offer assistance to persons applying for U.S. citizenship, or seeking to establish U.S. citizenship based upon the U.S. citizenship and residence of their ancestors.
U.S. Citizenship may be acquired by
Birth: U.S. citizenship may be acquired by birth in the United States or by birth overseas to one or more U.S. citizen parents.
Naturalization: U.S. citizenship may also be acquired by naturalization, which requires filling an application, typically Form N-400 and satisfaction of statutory eligibility requirements.
Derivation: Children born outside United States may automatically derive U.S. citizenship if a parent is a U.S. citizen by birth or naturalizes before the child reaches the age of 18, and certain other conditions are met.
To qualify for naturalization, an applicant must be a Lawful Permanent Resident, be at least 18 years old at the time of filing the application (unless exempted from the age requirements), meet the continuous residence and physical presence requirements, must be a person of good moral character and comply with the Selective Service Registration. Additionally, the applicant must show attachment to the principles of the U.S. Constitution, must take a full oath of allegiance to the United States and pass a literacy, U.S. history and government test.
Certain special classes of immigrants may be eligible for accelerated naturalization. If they meet the legal requirements, Spouses of U.S. citizens may naturalize after only three (3) years of LPR status. Also, an individual who obtained LPR status as a VAWA applicant (battered spouse or child) may apply for naturalization after three years of LPR status. Lawful Permanent Resident Children under 18 residing in the U.S., in the legal and physical custody of a citizen parent/s may acquire citizenship derivatively. Other special groups, including Spouses of U.S. citizens stationed abroad, Members of U.S. Armed Force and Seaman may benefit from accelerated naturalization. see more information here
The Adjudication and Review process starts with filing the naturalization application, Form N-400 and supporting documentation. After filing, the applicant will be scheduled for a biometric interview at a USCIS application support center.
A Naturalization Interview is typically scheduled within four to six months of submitting the application. After passing the citizenship test and approval of the naturalization application, the applicant must take an oath of allegiance to the U.S. An oath ceremony will be scheduled subsequent to the interview.
There are provisions of the Immigration and Nationality Act (INA) that allow members of the Armed Forces to obtain citizenship without completing many of the requirements for non-military members. The branches entitled to this benefit are Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and Selected Reserve.
For those individuals who have served during periods of conflicts, including all personnel who have served since September 11, 2001, are immediately eligible to file for citizenship. An applicant must submit the Naturalization Application and proof of service during wartime. An individual who served during wartime who died as a result of injury or disease that came from their service may qualify for citizenship if the application is filed within two years of the death.
An individual who served during peacetime will be required to obtain permanent residence first, and to file their application either while still in the service or within six months of separation.
If citizenship is obtained before completing five years of honorable service, it may be revoked as a result of a dishonorable discharge.
Spouses and children of U.S. citizen members of the Armed Forces may be eligible for overseas naturalization. The spouse must already be a Lawful Permanent Resident for at least three years