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REQUIREMENTS FOR
NATURALIZATION
Obtaining U.S. citizenship is often one of the primary goals of many of our physician/scientist clients, as such citizenship provides many rights/benefits not available to either visa holders or U.S. permanent residents. Frequently Asked Questions Naturalization
FREQUENTLY ASKED QUESTIONS: 1. What is Naturalization? What are the general requirements? What are the main benefits of U.S. Citizenship? Naturalization is the process by which U.S. Citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:
All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens. There are many benefits to obtaining U.S. Citizenship, including the following:
2. How can I become a United States citizen? A person may become a U.S. Citizen (1) by birth or (2) through naturalization. 3. Who is born a United States citizen? Generally, people are born U.S. Citizens if they are born in the United States or if they are born to U.S. Citizens:
*If you were born before November 14, 1986, you are a citizen if your U.S. Citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday. 4. How do I become a naturalized citizen? If you are not a U.S. Citizen by birth or did not acquire U.S. Citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the "Application for Naturalization" (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the "Application for a Certificate of Citizenship" (Form N-600) to document their naturalization . Adopted children who acquired citizenship from parent(s) use the "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643) to document their naturalization. 5. What are the requirements for naturalization? For more details on the eligibility requirements for naturalization, please see the section of the official US Immigration Service web site entitled Am I Eligible? and complete the Eligibility Worksheet or see Section 4 "Who is Eligible For Naturalization" in the Guide to Naturalization. 6. When does my time as a Permanent Resident begin? Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card. 7. What form do I use to file for naturalization? You should use an "Application for Naturalization" (Form N-400). 8. If I have been convicted of a crime but my record has been expunged, do I need to indicate that on my application or tell an Immigration officer? Yes. You should always be honest with Immigration regarding all:
Even if you have committed a minor crime, Immigration may deny your application if you do not tell the Immigration officer about the incident. It is extremely important that you tell Immigration about any arrest even if someone else has advised you that you are not required to do so. 9. Will USCIS provide special accommodations for me if I am disabled? Some people with disabilities need special consideration during the naturalization process. USCIS will make every effort to make reasonable accommodations in these cases. For example, if you use a wheelchair, we will make sure your fingerprint location is wheelchair accessible. If you are hearing impaired and wish to bring a sign language interpreter to your interview, you may do so. Asking for an accommodation will not affect your eligibility for naturalization. USCIS makes decisions about making accommodations on a case-by-case basis. 10. How long will it take to become naturalized? The time it takes to be naturalized varies from one local office to another. In 1997, in many places, it took over 2 years to process an application. Now you should expect 9-18 months for the process to be completed. 11. What if I cannot make it to my scheduled interview? It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so try not to change your original interview date. If an emergency arises and you absolutely cannot make your appointment, call the National Customer Service Center at 1-800-375-5283 to request rescheduling. The NCSC will record the information, and pass it on to the local office, which will make the final decision whether to reschedule your appointment. If you miss your scheduled interview without notifying USCIS, we will "administratively close" your case. Unless you contact USCIS to schedule a new interview within 1 year after USCIS closes your case, we will deny your application. USCIS will NOT notify you if we close your case because you missed your interview. 12. If USCIS grants me naturalization, when will I become a citizen? You become a citizen as soon as you take the Oath of Allegiance to the United States. In some places, you can choose to take the Oath the same day as your interview. If that option is not available or if you prefer a ceremony at a later date, USCIS will notify you of the ceremony date with a "Notice of Naturalization Oath Ceremony" (Form N-445). 13. What should I do if I cannot go to my oath ceremony? If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that USCIS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to USCIS. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" (Form N-445) to tell you when your ceremony will be. 14. What can I do if USCIS denies my application? There is an administrative review process for those who are denied naturalization. If you feel that you have been wrongly denied naturalization, you may request a hearing with an immigration officer. Your denial letter will explain how to request a hearing and will include the form you need. The form for filing an appeal is the "Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act" (Form N-336). 15. Can I reapply for naturalization if USCIS denies my application? In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new N-400 and pay the fee again. You will also need to have your fingerprints and photographs taken again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test. 16. What do I do if I have lost my Certificate of Naturalization? What do I use as proof of citizenship if I do not have my certificate? You may get a new Certificate of Naturalization by submitting an "Application for Replacement Naturalization/Citizenship Document" (Form N-565) to USCIS. You may download a Form N-565 by clicking here or by calling the Forms Line (1 800-870-3676). Submit this form with the fee to your local USCIS office. It may take up to 1 year for you to receive a new certificate. If you have one, you may use your passport as evidence of citizenship while you wait for a replacement certificate. To obtain a U.S. passport, please visit the Department of State's web site by clicking here. 17. If I am a U.S. Citizen, is my child a U. S. citizen? A child who is born in the United States, or born abroad to a U.S. Citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth, is considered a U.S. Citizen at birth. A child who is:
If you and your child meet all of these requirements, you may obtain a U.S. Passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to USCIS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(b)(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.) *NOTE – Children who immigrate in the “IR-3” or “IR-4” categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 18 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements. **NOTE – The “one U.S. Citizen parent” rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. Citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child). 18. If I am a U.S. Citizen, but my child does not meet the requirements listed above, can I still apply for citizenship for my child? A child who is regularly residing IN the United States can become a citizen of the United States only by meeting the requirements listed in the answer to Question 17 above. If a child regularly resides IN the United States and is not a lawful permanent resident, he or she cannot acquire citizenship automatically until he or she is granted lawful permanent residence. If a child who has been lawfully admitted for permanent residence fails to qualify for citizenship under the provisions of law, the child may apply for naturalization by filing an N-400 after reaching 18 years of age, provided that he or she has the required 5 years of lawful permanent residence. U.S. Citizens may apply for citizenship for their children by birth or adoption who do NOT regularly reside in the United States, if all of the following conditions are met:
If the foregoing conditions are met, the citizen parent can apply for a certificate of citizenship in behalf of a legitimate or legitimated child using an "Application for Certificate of Citizenship" (Form N-600) or, in the case of an adopted child, an “Application for Certificate of Citizenship on Behalf of An Adopted Child” (Form N-643). If the citizen parent is relying on the grandparent’s physical presence in the United States, the citizen parent should also submit Form N-643, Supplement A. Both the citizen parent and the child must appear at an interview with an Immigration officer in the United States. The child must meet ALL of the required conditions at the time when he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it). 19. If the U.S. Citizen who transmitted citizenship to a child through one of the scenarios described in #17 above or who could have applied for naturalization and the issuance of a Certificate of Citizenship through the procedure described in #18 above has died, can the child still obtain a Certificate of Citizenship? A person who became a U.S. Citizen through one of the scenarios described in #17 above can be issued a Certificate of Citizenship at any time in his or her life as long as he or she has not gone through the difficult procedure of renouncing U.S. Citizenship If the person has not yet reached their 18th birthday, a legal guardian can file the application. If the person has reached their 18th birthday, either the person or a legal guardian can file the application. A child who could have been the beneficiary of an application filed through the procedure described in #18 above, except for the death of a U.S. Citizen parent, can become a U.S. Citizen and can be issued a Certificate of Citizenship, if the following conditions are met:
Once all of the requirements have been met, any U.S. Citizen grandparent or duly appointed U.S. Citizen legal guardian can file an application on behalf of an eligible child. The child must be residing outside the United States in order to be eligible for this benefit, but the applicant can reside in or outside the USA. Although the cutoff date for applications pursuant to 322 filed by a citizen grandparent or by a citizen legal guardian is five years after the death of the citizen parent, the joint interview of the applicant and the child beneficiary can be conducted at any Immigration Office in the United States that conducts these interviews at any time while the child is still under the age of eighteen years. 20. How can MDgreencard.com assist me in this process? We process well over 200 applications for Naturalization each year for physicians and scientists, and have substantial expertise in handling even the most complex cases. Please call us to discuss the facts/circumstances of your situation. |
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Sherman Law Group, P.C. is a leading U.S. law firm with clients in every U.S. State and in more than 75 countries throughout the world. We have significant experience and expertise in handling even the most complex legal issues, and have particular specialization in several areas, most notably Immigration Law and Procedure... (