Naturalization

 

“An individual can become a U.S. citizen by naturalization, which is a legal process. A naturalized citizen must fulfill certain requirements to become a citizen. After completing an application, attending an interview, and passing an English and civics test, the applicant must attend an interview.”

 

As soon as these steps occur, the applicant declares himself a citizen, and the oath of allegiance follows. Applicants must meet these legal requirements to be naturalized if they desire to become American citizens. The following section will explore the basic steps in naturalization and eligibility requirements.

 

Eligibility for Naturalization

You must meet certain eligibility requirements before applying for naturalization. U.S. Citizenship and Immigration Services (USCIS) stipulate that applicants must be:

• To qualify for naturalization, you must have lived in the United States for at least five years.
• The smallest five years of physical presence in the United States is required.
• Having a good understanding of and ability to speak English.

Your attorney handles explaining in detail any exceptions to the residency need for time spent outside of the country. Potential applicants can also determine their eligibility for naturalization by completing a Naturalization Eligibility Worksheet.

Having an experienced immigration attorney assist you with your application and test preparation is your most important resource.

Naturalization is possible if you meet the above requirements. To explain the naturalization process in detail, the government provides a variety of publications.

A Guide to Naturalization, available through USCIS, is an excellent starting point for learning more about naturalization.

 

Completing your application

Ensure that your naturalization application is accurate and complete. In addition, you must complete the following steps:

• Apply for naturalization using Form N-400.
• Make sure you have two good photographs of yourself ready for immigration.
• Get the necessary documents.
• Apply to the appropriate Service Center with your documents and filing fees.
• When filing your application, you must live in the U.S. until naturalization occurs.

It is not necessary to attach this checklist to your Form N-400. A form is an optional tool you can use when preparing your forms. But it does not replace all the statutory, regulatory, and form instructions requirements.

Before completing and submitting your form, it would be helpful if you reviewed these requirements. If the instructions or applicable regulations do not specify that original documents need to send, then do not send them.

You must submit a complete English translation of any foreign language documents and a certificate verifying that the translation is accurate and complete. This must include a certification stating that the translator can translate from a foreign language to English.

 

Did you provide the following?

• The permanent resident card you hold
• The N-426, Request for Certification of Military or Naval Service, is necessary if a person intends to apply for naturalization.
• The D.D. Form 214, NGB Form 22, or discharge papers (if applying to naturalize based on military service) are required.
• If you are applying for naturalization in the military, you will need a copy of your official military orders.
• The employment history of your citizen spouse (if applying under 319(b))
• The applicant who lives outside the U.S. will need two passport-style photographs.

 

How much is the U.S. Naturalization fee (Filing Fee)?

Citizenship applications are subject to a $725 fee. The cost of biometrics services is $85 per person. No matter how your application turns out, these fees are non-refundable.

You must send this fee along with your application. Make checks or money orders payable to the Department of Homeland Security to pay the fee.

 

Submit and pay

A crucial step in how to apply for naturalization is to submit your N-400 to the USCIS. Fees for filing Form N-400 are $640. A US naturalization application costs $725, including the biometrics fee of $85. You may be able to get an exception from this payment by contacting your immigration lawyer.

The USCIS will notify you once your submission has arrived. On the online status update page, enter your receipt number to check the status of your case.

Processing time varies by location but can range from 5.5 to 8 months on average. There can be a delay of up to 18 months in processing. On the USCIS’s processing time page, you can see how long it will take for you to receive your document based on your location and form.

Naturalization applications need fingerprinting.

Naturalization applications need fingerprinting. Follow these steps:

• USCIS sends you an appointment letter.
• Take your fingerprints at the fingerprint location.
• If necessary, send additional documents.
• Taking this security measure ensures that USCIS does not fall victim to fraud.
• Being Interviewed and Tested
• Interviews and tests are the next steps. Among your responsibilities:
• Get an interview appointment.
• Attend the meeting at the specified time at your local office.
• Be sure to bring identification.
• Describe your background and your application.
• Examine your English and civics skills.

As soon as your interview and tests go well, you will receive the decision on your naturalization application.

 

N-400 final decision

If you submit an N-400, Application for Naturalization, USCIS will provide you with three options:

Granted: You are eligible to become a U.S. citizen.

Continued: Citizenship is possible, but additional documents and civics and English tests may be required.

Denied: Citizenship may not be possible if you are not eligible.

 

The oath of allegiance

The oath of allegiance is possible after you have passed your interview and test.

• You will get a date for the ceremony.
• Attend the ceremony to check-in.
• Tell us about your activities since your interview.
• Affirm your loyalty by taking the oath.
• Ceremonial Naturalization

It won’t be necessary to keep your permanent residency card after your ceremony; you will return it afterward. A U.S. citizen becomes official after taking the Oath of Allegiance; afterward, you will receive your Naturalization Certificate.

 

United States citizenship

A big congrats! American citizenship allows you to exercise your rights as an American citizen, such as voting, serving on a jury, applying for federal jobs, sitting on government boards, and receiving government benefits.

When you receive your certificate of naturalization, refrain from voting and make sure you update the information on your Social Security record as soon as you are able.

 

Assess the complexity and risk of your case

Sometimes, you can file a naturalization application if you believe you are eligible. But are there other risk factors or complicating factors? It does not mean you should file, even though you are eligible. Factors to consider include:

• Arrest records
• A conviction cannot be “expunged” regardless of whether it was “dismissed.”
• Your marriage is in trouble; you’re cheating, etc.
• Paying your taxes late
• Defaulting on alimony payments
• Having no regard for your children’s needs

Having a criminal conviction can have severe consequences. An individual I met recently had a criminal conviction that, in theory, could trigger deportation proceedings despite having all the technical requirements to naturalize.

If the government learns about his conviction, it won’t try to deport him. Even so, he needs to consider this risk before applying.

You should speak to an attorney before filing an N-400, even if you believe you do not have a conviction. A conviction might have dissolved or a charge dismissed, so you might not have a criminal record; that’s not always true.

The rescinding of old charges or expunging of a conviction can sometimes occur. A conviction that may seem insignificant or appears to be a misdemeanor by state law may have serious immigration ramifications.

Your naturalization form may be inclined not to mention them, but that is a terrible idea for naturalization, as it will lead the USCIS to conclude you intentionally lied.

It is necessary to address other issues first. For example, if you owe back taxes, you can naturalize them as long as you follow the payment plan. Even though you do not risk deportation, the government will keep your very expensive filing fees if you apply before you are eligible.

 

Do you know what to do?

Applying and going through it without hiring an attorney is possible if you do not have a criminal background, maintain a good record of your immigration/travel/residence documentation, and are confident that you filed the right paperwork. What’s the first step?

It is generally possible to apply for naturalization if you can do your taxes. But, it has become difficult over time. Naturalization forms were ten pages long when I began practicing immigration law.

There are now 22 pages in it. USCIS sometimes requests documents (such as tax transcripts or old conviction records) that can be difficult to locate.

 

Bonus question: Do you already have U.S. citizenship?

I’ve met some people who wanted to naturalize, only to find they were already citizens. So, you may automatically acquire citizenship at birth if your parents were U.S. citizens. When your parent naturalized as a child, you may have automatically obtained citizenship if you were a permanent resident.

Due to poor tracking of derivative and acquired citizenship, you may not even know that you’re already a citizen in either case. Furthermore, you will be unable to naturalize in that case since you are already a citizen. This means you lose your filing fee and the time invested in the application.

 

So, should you hire an Attorney?

When you understand how to file, are confident that you are eligible to naturalize, and don’t have any red flags, you should be able to file on your own.

 

 

A lawyer can still assist by streamlining the process, preparing you for the interview, and attending with you. So, if there are any problems or rogue officers at the interview, they will be there to assist.

A lawyer cannot help you breach the law or get around eligibility requirements. In the case of ineligibility, an attorney can’t help you out. A lawyer won’t usually get you a faster interview because the government doesn’t usually process attorney cases faster. In general, your attorney’s role is to help you spot issues, tell you about filing, and assist you with your interview.

The USCIS accepts forms you can file on your own, including Form N-400 and Application for Naturalization, which are available online. A lawyer or an EOIR-accredited representative may be able to assist some people.

The offer of immigration services is widespread. The attorney or EOIR-accredited representative will be able to provide legal advice about which forms and documents to attach to your naturalization application.

Provide information about immigration options, and contact the USCIS about your case if you need help completing your Application for Naturalization.

 

Is it possible to apply for naturalization more than once?

It is not limited to how many times you can apply for naturalization, but each Form N-400 must be filed separately.

 

Difference between Naturalization and Acquisition of citizenship

It is important to note that naturalization differs from citizenship by acquiring how one becomes a citizen. Those over 18 can apply for citizenship through naturalization. A person who acquires citizenship is:

• From the United States or a U.S. territory
• Citizens of the United States by birth

For example, an immigrant couple becomes U.S. citizens after completing the naturalization process. Nevertheless, their children are exempt from naturalization (if under 18).

To grant citizenship to their child, the parents must fill out a form; children acquire citizenship due to their relationships with their parents. Naturalization or acquiring citizenship can allow you to acquire legal U.S. citizenship. People acquire citizenship based on their relationship with U.S. citizens, whereas adults must meet certain naturalization requirements.

 

Do you have any additional questions about naturalization? Get legal assistance today.

An attorney specializing in naturalization and immigration can guide you in the naturalization process. You may need to wait a long time to complete your application, which can differ according to the circumstances.

To naturalize in the United States successfully, you must understand every step involved and prepare carefully at every stage. It is the process of becoming a citizen of the United States by joining the armed forces. If you’re interested in becoming a citizen, you should consult an attorney who is experienced in the process and can guide you.