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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 a citizenship 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. Naturalization involves attending interviews, passing a civics test, and demonstrating language proficiency, for which our citizenship lawyers provide comprehensive preparation and support to significantly enhance your readiness and confidence.
- 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 citizenship attorneys will be able to help you navigate the process and help you determine which path to follow.
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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 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 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 case is unique, and some cases may require additional time for documentation gathering, addressing legal issues, or resolving potential complications. Your citizenship lawyer will assess your circumstances and provide an estimate of the expected timeline based on their 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. Understanding each stage and actively using the waiting periods to prepare thoroughly will significantly reduce stress and manage expectations effectively. Ongoing support from our legal team ensures that you stay informed and ready to meet every challenge as it arises.
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 lawyer, 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 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 U.S. 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.
Before applying, it’s also important to maintain continuous residence and avoid extended travels outside the U.S. This requirement ensures that you demonstrate a lasting connection to the U.S. Understanding these conditions thoroughly with legal guidance can alleviate common issues, such as residency calculation errors that often delay applications. For those with special circumstances, including those with prior visa issues or extended absences, proactive legal advice can help address potential obstacles.
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 not have spent more than a year outside of the U.S., among other requirements such as reading, writing, and speaking English.
Planning ahead and timing your application filing strategically can help in avoiding potential immigration issues. Early consultation with our legal team ensures that your documentation is complete and submitted correctly and that essential deadlines are adhered to. Our attorneys will also help you practice and prepare for communication with immigration officers during review stages, thus minimizing stress and clearing any ambiguities quickly.
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 Citizenship Lawyer
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 assists 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 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 knowledge, 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 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 commitment to excellence and client satisfaction, we strive to make your journey to citizenship as seamless as possible. In addition to handling routine cases, Brown Immigration Law attorneys are adept at managing complex scenarios, striving to provide clarity amidst the intricacies of immigration law.
Learn More About Applying for U.S. Citizenship with Our Citizenship Lawyers
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 process in Florida.
Orlando-Specific Considerations for Citizenship
Orlando, Florida, is recognized for its growing and diverse immigrant community. Operating within such a dynamic setting, potential citizens must navigate local intricacies in tandem with federal requirements. For instance, the specific economic opportunities and educational qualifications in Orlando may influence the documentation required to substantiate a residency application, necessitating local legal expertise. Additionally, Orlando’s status as a major tourist hub can result in higher seasonal traffic in USCIS processing, affecting timelines. Our firm stays abreast of these local variables to mitigate any potential impacts on our clients’ applications.
Beyond federal guidelines, local resources play a critical role in the citizenship process. Orlando offers various community programs and support services that facilitate citizenship preparation, such as English proficiency classes and civics education workshops. By referring clients to these local resources, Brown Immigration Law helps ensure a comprehensive support system, aiding clients not just legally but also in their broader integration into the community.
FAQ – Frequently Asked Questions About U.S. Citizenship with a Citizenship Attorney Orlando
What Are the Key Benefits of Becoming a U.S. Citizen?
Becoming a U.S. citizen offers numerous advantages, such as the right to vote in federal elections, which can give you a voice in the government and potentially affect change. Citizens also receive priority when petitioning to bring family members to the U.S., making family reunification a quicker process. Another key benefit is the protection from deportation; as a citizen, you are protected from being deported from the U.S. Additionally, you’ll have access to more jobs, especially federal positions, and can travel freely with a U.S. passport, which allows you entry into many countries without a visa. These substantial benefits make it crucial to consider finishing your naturalization journey.
Can I Keep My Original Citizenship If I Become a U.S. Citizen?
Maintaining dual citizenship is possible for many immigrants in the U.S., as the country does not require you to renounce your original citizenship upon naturalization. However, it is important to verify the policies of your home country, as some nations may revoke your citizenship if you acquire another nationality. Dual citizenship can offer benefits, such as access to social services and employment opportunities in both countries. Additionally, it may simplify travel and provide the freedom to invest in property or start businesses across borders. Consulting with an attorney at Brown Immigration Law can provide clarity on how to manage your dual citizenship status and understand any implications specific to your situation.
How Long Does the Naturalization Process Typically Take?
The duration of the naturalization process varies based on several factors, including application volume, processing times at local USCIS offices, and the completeness of the applicant’s file. On average, the process takes several months to over a year from submitting the application to taking the Oath of Allegiance. However, it is essential to note that surrounding factors, such as presidentially declared states of emergencies or government shutdowns, can prolong the process. While the timeline can be unpredictable, staying proactive in preparing necessary documentation and promptly responding to any USCIS requests can help mitigate delays.
What Happens if My Citizenship Application Is Denied?
If your citizenship application is denied, you will be notified by the USCIS with a detailed explanation outlining the reasons for the decision. Common reasons may include incomplete applications, failing the civics or language test, or issues related to criminal records or moral character. You have options to appeal the decision or reapply. Appeals must be filed within 30 days of the denial notice, and they will require additional evidence or a clear explanation to address the initial concerns. An attorney from Brown Immigration Law can guide you through this process, providing strategic advice to strengthen your application and pursue successful outcomes.
Do I Need a Citizenship Lawyer for My Application?
While you are not required to hire a citizenship lawyer to apply for U.S. citizenship, having legal assistance can provide significant advantages. An attorney offers guidance on the complex legal processes, helps you understand and meet all necessary requirements, and assists in preparing and organizing your documentation. Their support can help minimize errors that could delay your application or lead to a denial. At Brown Immigration Law, we are committed to offering personalized service to enhance your journey toward citizenship, making the process as straightforward and stress-free as possible for our clients.