Orlando Citizenship & Naturalization Attorney

Helping Clients Pursue Their American Dream

There are many benefits to obtaining U.S. citizenship. It is a great privilege to be a citizen of this country for many reasons, including the right to vote, freedom of speech, and immunity from removal. There are a variety of ways to become a citizen of this country, and an attorney from our firm can help you through the process no matter what your situation involves.

Citizenship can be obtained and established through the following ways:

  • Birth/Acquisition - If a child is born out of wedlock or either biological parent is an American citizen, then the child can obtain citizenship through acquisition. The child will receive a Consular Registration of Birth Abroad which acts as proof of citizenship, similar to the way a U.S. birth certificate would. This can be obtained even if the child was born outside of the U.S. If a child never received or lost this document from the U.S. consulate, then the individual must apply for a birth certificate or a certificate of citizenship to prove United States citizenship.
  • Naturalization - If you fulfill the requirements, you may be eligible to apply for citizenship through naturalization.
  • Derivation - You can also become a citizen if either your mother or father became naturalized prior to your 18th birthday.

There are not many factors that you will be able to control throughout the citizenship process. The ideal situation would be to become a derivative citizen or a citizen through acquisition, but there are also other ways to work through the process. At Brown Immigration Law, one of our attorneys will be able to help you navigate the process and help you determine which path to follow.

Need help with the naturalization process? Contact us for help.

What Are the Requirements for Naturalization in the U.S.?

Requirements for naturalization include the following items.

  • Be 18 years of age or older
  • Reside continuously in the U.S. from the date of application to the time of naturalization
  • Pass an English language test. People over 50 years old may can be exempted from the English requirement
  • Be of good moral character and have not been convicted of certain types of criminal acts, particularly any felony or very serious misdemeanor offense
  • Have an understanding of U.S. government and history. On the exam, 10 out of a possible 100 civics questions will be asked, and the applicant must answer 6 out of the 10 correctly. Those people over 65 applying for citizenship can be exempted from the history and government test.

The naturalization requirements may differ for certain applicants. For foreign national spouses of U.S. citizens, eligibility requirements for naturalization will require permanent residence for at least three years, during which the applicant was living in a marital union with a U.S. citizen spouse. U.S. immigration law also allows for easier naturalization eligibility requirements for military personnel.

Exemptions

There are certain exceptions to the requirements for naturalization. One of the modified requirements includes the English language exemption. The applicant can be exempt from the English language requirement if he or she is age 50 or older at the time of filing and has lived as a permanent resident for 20 years or is 55 years or older and has lived in the country as a permanent resident for 15 years. Modifications and exemptions are not issued for the history and government test unless you are age 65 or older.

Timelines in the Citizenship Process

The timeline for the citizenship process can vary based on various factors, and it's important to manage your expectations accordingly. While the desire to obtain U.S. citizenship may be strong, it's crucial to understand that the process takes time. At Brown Immigration Law, our experienced citizenship attorneys will guide you through the journey, providing you with a realistic understanding of the timeline involved.

The length of the citizenship process can be influenced by several factors. One primary consideration is the backlog and processing times at the United States Citizenship and Immigration Services (USCIS) offices. USCIS handles a high volume of applications, and the processing times can fluctuate depending on workload and other external factors.

Another factor that impacts the timeline is the complexity of your case. Each applicant's situation is unique, and some cases may require additional time for documentation gathering, addressing legal issues, or resolving potential complications. Your citizenship attorney will assess your circumstances and provide an estimate of the expected timeline based on their expertise and experience.

Additionally, the naturalization process involves several steps, including residency requirements, language proficiency tests, knowledge tests, background checks, and the application review. Each of these steps requires time for preparation, completion, and administrative processing.

While it is difficult to provide an exact timeframe for the citizenship process, it is generally advisable to be prepared for a process that can take several months or even years. However, with the guidance of a skilled citizenship attorney, you can navigate the process efficiently and minimize unnecessary delays.

At Brown Immigration Law, we understand the importance of time in your journey to citizenship. Our dedicated attorneys will work diligently to streamline the process, ensuring that all necessary steps are completed accurately and efficiently. We will keep you informed of the progress and guide you through each stage, providing you with the support and expertise you need to navigate the process with confidence.

Remember, patience and persistence are key virtues during the citizenship process. While it may require some time and effort, the ultimate reward of achieving U.S. citizenship is well worth the wait.

When Can You Apply to be a U.S. Citizen?

While there is no rule when you must apply there is a requirement that you must fulfill US residency and physical presence requirements before applying. Normally, permanent residents must wait to apply for citizenship or naturalization until you have permanently resided and been physically present in the U.S. for at least five years. You should check your permanent resident (green card) to find the exact date you were approved as a permanent resident and make sure you wait the full five years to avoid any complications.

Conditional residents follow slightly different guidelines. In most cases, conditional means that you got your residence through a spouse or through an investor visa. The time you spent as a conditional resident counts as permanent residence.

When Should I Submit My U.S. Citizenship Application?

Though you are required to wait until five years have passed, you are allowed to file your naturalization application within 90 days before the five-year date has arrived.

The U.S. Citizenship and Immigration Services will not be able to adjudicate the application until you have fully met the resident requirements.

It is important to keep in mind that you may face longer time restrictions if you do not meet all the requirements. For example, you must have spent at least half of your required years in the U.S., not traveling back to your home country the entire time. You also must have spent more than a year outside of the U.S. among other requirements such as reading, writing, and speaking English.

How Do I Become a Citizen If I Am Married to a U.S. Citizen?

If you recently married and are living with a U.S. citizen, have been a permanent or conditional resident, and can provide proof that you qualify, you may apply for citizenship within just three years. You can still qualify for this even if you did not get your green card through marriage.

You must remain married to your spouse, who is a U.S. citizen, throughout the citizenship process to be eligible for the 3-year rule. If you separate or divorce or you choose to stop living with your spouse, even if your spouse dies prior to the interview, the three-year rule will no longer apply.

How Do I Prove I Have United States Citizenship?

There are two different ways a person born outside the United States to parents that are U.S. citizens, either through birth or naturalization, can prove their citizenship.

The two documents that can prove United States citizenship are:

  • U.S. Passport: A passport will require a person to prove their parents' citizenship through their birth certificate or naturalization papers, work or tax records that show their parent's residency requirements, records that show the person has been living and working in the United States, and statements explaining why they did not access their citizenship rights before the age of five. These documents are required in addition to the standard proof of identity required to apply for a passport.
  • Certificate of citizenship: If a person's parents were not born citizens of the United States but became naturalized as citizens, filing for a certificate of citizenship may be a better option. While this process can take longer than filing for a passport, the documents needed in this case may be easier to obtain. When filing for a certificate of citizenship you will need parents' birth records, marriage records, and naturalization certificates, as well as your own birth certificate and potential name change records.

Navigating the Path to Citizenship with a Skilled Attorney

When it comes to achieving your dream of becoming a U.S. citizen, having a skilled citizenship lawyer by your side can make all the difference. At Brown Immigration Law, our team of dedicated attorneys specializes in assisting individuals with citizenship matters, providing comprehensive guidance throughout the complex legal processes involved.

Navigating the intricate path to citizenship can be overwhelming, with numerous eligibility requirements and intricate paperwork to contend with. Our experienced citizenship lawyers are well-versed in the latest immigration laws and regulations, ensuring that our clients have the necessary information and support to pursue their citizenship goals.

One of the key roles of a citizenship lawyer is to assess your eligibility for citizenship and guide you through the necessary steps. They can thoroughly review your immigration history, residency status, and any potential issues that may arise during the application process. By leveraging their expertise, they can help you avoid common pitfalls and ensure that your application is accurate and complete, increasing your chances of success.

Furthermore, should any legal disputes or challenges arise during the citizenship process, your attorney will be your dedicated advocate. Whether it's representing you in administrative proceedings, court hearings, or appeals, they will skillfully navigate the legal landscape on your behalf, protecting your rights and interests every step of the way.

Choosing a reputable citizenship lawyer is crucial in ensuring a smooth and efficient path to citizenship. At Brown Immigration Law, we pride ourselves on our personalized approach, tailoring our services to meet the unique needs of each client. With our unwavering commitment to excellence and client satisfaction, we strive to make your journey to citizenship as seamless as possible.

Learn More About Applying for U.S. Citizenship

Our lawyers - Erin Brown, Rishi Oza, Aleksandar Cuic, and founder Robert Brown - have the comprehensive ability to help you establish citizenship in the United States. With more than five decades of experience, we understand the immigration process and how it can affect the remainder of your life. This is a complex process, so you can benefit from getting the assistance of a lawyer from our firm. We can discuss your options with you and offer advice as to the most effective path to take.

Contact our firm for guidance on the citizenship and naturalization process.

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