Citizenship Attorneys

Citizenship

Becoming a United States citizen can be a lengthy and difficult process. You may be just starting your journey to become a United States citizen or you may have already applied and been denied. Because the process can be overwhelming for you to handle alone, it is important that you hire an experienced immigration law firm that has your best interests in mind – one that will be dedicated to serving you efficiently throughout the entire naturalization process. Working with an immigration attorney can provide invaluable legal guidance, helping you navigate complex requirements and avoid common pitfalls in the citizenship process. An experienced naturalization lawyer can save clients time and fees by streamlining the application process. Naturalization attorneys and citizenship attorneys assist clients at every stage, from preparing applications and responding to requests for evidence to representing you at interviews and addressing any legal complications that may arise.

At Siri & Glimstad, we have represented hundreds of clients in Citizenship proceedings. Our motto is simple – Dedication, Efficiency, and Commitment to the end goal. With extensive experience in citizenship and naturalization law, our experienced citizenship lawyers are dedicated to guiding clients through every step of the process. A naturalization lawyer represents clients during interviews and hearings related to citizenship, ensuring that their rights are protected and their cases are presented effectively.

Naturalization

Naturalization is the process in which those born outside of the country become United States citizens.

Becoming a naturalized U.S. citizen provides access to immigration benefits, such as the ability to sponsor family members for green cards and eligibility for federal jobs. You will solidify the same rights as a United States born citizen including, but not limited to, voting, obtaining employment, and being protected by all laws under our Constitution. Additionally, naturalized citizens gain the right to run for public office and serve on a jury, further integrating them into the civic fabric of the nation.

As a naturalized citizen, you are protected against deportation except in cases of fraud, and your minor children may receive automatic citizenship. Obtaining citizenship is an important step that grants you the full status and rights of a US citizen.

How Do I Obtain United States Citizenship?

To qualify for citizenship, applicants must meet all the requirements and eligibility requirements set by U.S. Citizenship and Immigration Services (USCIS). This includes submitting a citizenship application using Form N-400 and other required USCIS forms, and gathering all necessary documents as evidence to support the application.

Per USCIS requirements, one may be eligible for naturalization if they meet the following criteria:

• 18 years or older at the time of application filing

• Lawful permanent resident for 5 years or 3 years if married to a United States citizen

• Continuous residence and physical presence in the United States

• The ability to read, write, and speak basic English

• Good moral character

• Demonstrated knowledge and understanding of United States history and government

• Demonstrated loyalty to the United States Constitution

• Willingness to take the Oath of Allegiance

Applicants must also reside in a specific state or USCIS district that has jurisdiction over their place of residence for a certain period before they can apply for citizenship.

It is important to maintain continuous residence and lawful permanent residence status throughout the process. Lawful permanent residents must ensure their green cards are valid and that they meet all the requirements for naturalization.

There are modifications to these requirements for candidates who are over a certain age. Those modifications include:

• Modification of the English language requirement for those 50 years of age or older if the immigrant has been a permanent resident of the United States for at least 15 years.

• Modifications of the United States History examination for those 65 years of age or older.

Additionally, military service can affect eligibility and may reduce the waiting period for naturalization.

Applicants may face several obstacles during the process, such as issues with their immigration history, criminal record, criminal history, other offenses, or removal proceedings. Legal assistance can help address these challenges and ensure that all the requirements are met.

The final step in the process is taking the Oath of Allegiance to naturalize as a U.S. citizen.

Acquired and Derived Citizenship Through a Parent

Naturalization is not the only way for someone born outside the United States to become a U.S. citizen. Some individuals acquire citizenship at birth through a U.S. citizen parent, while others derive citizenship after birth based on a parent’s citizenship. In these cases, the person may already be a U.S. citizen and may need to document that status rather than apply for naturalization through Form N-400.

Acquired Citizenship

Acquired citizenship generally applies when a child born outside the United States receives U.S. citizenship at birth through one or both parents. Eligibility depends on the citizenship law in effect at the time of the child’s birth. Important factors may include the child’s date and place of birth, the citizenship of each parent, the parents’ marital status, the legal relationship between the parent and child, and the amount of time the U.S. citizen parent lived or was physically present in the United States before the child was born.

A person who met the requirements at birth may be a U.S. citizen even if a Consular Report of Birth Abroad or U.S. passport was never issued. Proving acquired citizenship may require birth records, proof of the parent’s U.S. citizenship, marriage or adoption records when applicable, and evidence of the parent’s residence or physical presence in the United States. Citizenship may then be documented through a U.S. passport, Consular Report of Birth Abroad, or Certificate of Citizenship, depending on the circumstances.

Children born and residing outside the United States can acquire U.S. citizenship through a qualifying U.S. citizen grandparent if their U.S. citizen parent does not meet the necessary physical presence requirements. To utilize this option, the U.S. citizen grandparent must have accumulated at least five years of physical presence in the United States, with at least two of those years occurring after the age of 14. The child must remain under 18 years old throughout the entire application process and must travel to the U.S. to complete an interview and take the Oath of Allegiance.

To initiate this process, the parent must file Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 with U.S. Citizenship and Immigration Services (USCIS). This specific form is used to evaluate eligibility and requires extensive evidence of the grandparent’s legal U.S. citizenship and their specific years of physical presence.

Derived Citizenship

Derived citizenship generally applies when a child born outside the United States automatically becomes a U.S. citizen after birth through a parent. Under current law, the child generally must be under 18, have at least one U.S. citizen parent, hold lawful permanent resident status, and reside in the United States in the legal and physical custody of the U.S. citizen parent. Certain adopted children may also qualify when the applicable adoption and immigration requirements have been satisfied.

The law that applies depends on when the relevant events occurred. Individuals who turned 18 before the Child Citizenship Act took effect may need to have their eligibility reviewed under earlier citizenship laws. The timing of a parent’s naturalization, the child’s age, custody arrangements, residence, and immigration status can all affect whether citizenship was automatically derived.

Citizenship through a parent can be difficult to establish when records are missing, a parent naturalized many years ago, or the family’s circumstances changed over time. An immigration attorney can review the person’s history, determine whether citizenship may have already been acquired or derived, and identify the evidence and filing process needed to document that status.

What is the Naturalization Process?

First, you must receive your green card.

Following receipt of your green card, you must wait at least 3 to 5 years before you can apply for naturalization. Factors such as marital status, criminal history, and continuous physical presence, among other things, will determine the length at which you must wait.

The process is then initiated when you submit Form N-400 and other required USCIS forms to the USCIS. From there, the USCIS will require you to complete a biometrics screening. This is called a biometrics appointment, where your fingerprints, photographs, and signature are collected.

You will then be required to complete a naturalization interview, also known as the citizenship interview. At the interview, you must bring all necessary documents and evidence, such as identification, proof of residency, and any supporting materials. During the interview, you will be asked questions regarding your truthfulness about wanting to become a naturalized citizen, and you must pass the civics test, which is an oral exam assessing your knowledge of U.S. history and government.

Following that interview, your naturalization application will either be granted, denied, or continued. If your application is continued, you may be asked to submit additional evidence or obtain further documentation to address any USCIS concerns. The naturalization process typically takes between six and twelve months from the time you submit your application, depending on the complexity of your case and the USCIS workload.

If your application is granted, you will then be asked to take the Oath of Allegiance.

At last, you have made it through the process! Congratulations, you are now a United States citizen, free to enjoy all that our Declaration of Independence stands for – Life, Liberty, and the Pursuit of Happiness.

The Importance of Hiring an Immigration Lawyer for Citizenship and Naturalization

Handling this process on your own can come with downfalls. Many immigrants that attempt to become a naturalized citizen on their own get denied. Typically, this occurs from mis-documentation or not meeting the required eligibility standards. An experienced immigration lawyer will ensure that you are eligible for naturalization and will complete all paperwork and documentation for you. They will also ensure that you are fully prepared for the naturalization interview and collect and prepare all necessary paperwork for you for that interview. In the event of a denial, an immigration lawyer will step in as your advocate to dispute the denial on your behalf and/or correct any issues in the filings.

If you or a loved one are in need of Citizenship and Naturalization assistance, the Lawyers at Siri & Glimstad are here to help. We understand the importance of trust and efficiency throughout this process and are committed to being your strongest advocate.

If you or a loved one need help with any issues concerning immigration, please contact us. Hablamos español.