Citizenship Attorney
Dreaming of U.S. citizenship is often the ultimate milestone and end goal for many individuals and families seeking a better life and greater opportunities.
However, navigating the complex immigration laws and procedures within the naturalization process can be overwhelming.
Working with an experienced citizenship attorney simplifies the process and increases the chances of a successful outcome. One crucial aspect of this journey is understanding naturalization – the process through which foreign nationals become U.S. citizens.
This is what we discuss below including the eligibility criteria, the step-by-step process, challenges you may face, and the expected timeline for completion.
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Benefits and Responsibility of U.S. Citizenship
Before we look at the US citizenship application, you must understand the benefits you stand to gain. Also, as a U.S. citizen, you have certain responsibilities that you must uphold.
What Right Do You Gain as an Asylee?
Let’s first look at your rights as an asylee with an official immigration status such as LPR.
As an asylee, you gain certain rights in the United States, including the right to work and the right to apply for a Social Security Number. You are also protected from deportation providing you comply with the terms of your Green Card.
Full citizenship offers additional benefits and protections, which is why most LPRs seek this as the next step and finishing their quest to live the American dream.
What Rights Do You Gain as a U.S. Citizen?
Upon becoming a U.S. citizen, you gain numerous rights, including the right to vote in federal elections, the ability to sponsor family members for immigration and access to certain government benefits. The USCIS provides a complete list of rights, but we have summarized them below:
- The freedom to express yourself.
- The right to a prompt, fair trial by jury.
- The freedom to worship as you wish.
- The right to vote.
- The right to apply for federal jobs
- The right to run for elected government positions.
- Freedom to pursue the virtues of life, liberty, and the pursuit of happiness.
Not only do you gain these rights, but for many, naturalization is the point at which they truly feel like an American and complete their integration into society without any of the (wrongful) stigmas associated with LPR status.
What Responsibilities Do You Have as a U.S. Citizen?
Along with rights, U.S. citizenship also entails responsibilities, such as obeying federal, state, and local laws, paying taxes, and serving on a jury when called upon. You must be clear on these responsibilities, as if you fail to uphold them, you could jeopardize your naturalization. The current list of responsibilities include:
- Defend the U.S. Constitution.
- Keep up-to-date with issues that affect your community.
- Vote and participate in democracy.
- Live within the trappings of federal, state, and local laws.
- Be respectful to others, including their beliefs and rights.
- Pay taxes.
- Perform jury duty when required.
- Defend the country if needed.
What are the Eligibility Criteria for Naturalization?
To qualify for naturalization, applicants must meet specific requirements set forth by the United States Citizenship and Immigration Services (USCIS). These criteria may vary depending on factors such as age, time spent as a lawful permanent resident, and criminal history.
Current Eligibility Criteria for U.S. Citizenship as of 2024
As of 2024, eligibility criteria for U.S. citizenship typically include being a lawful permanent resident for a certain period, demonstrating good moral character, passing an English and civics test, and being physically present in the U.S. for a specified period. A breakdown of the specific requirements are listed below:
- Be at least 18.
- Have continuously (and physically) lived in the U.S. for 3 or 5 years (case dependent).
- Establish a residency in the U.S. where you want to apply.
- Demonstrate you have “good moral character”.
- Have a proficient level of written and spoken English.
- Swear your allegiance to the U.S.
- Register for military service (if you are a male)
How Long Must I Wait Before Applying for U.S. Citizenship?
The timeline for applying for U.S. citizenship varies depending on individual circumstances, such as lawful permanent residency status and marital status.
Timeline for Lawful Permanent Residency
Lawful permanent residents typically must wait a certain number of years before they can apply for citizenship, usually five years, although exceptions apply.
Timeline for Spouses of U.S. Citizens
Spouses of U.S. citizens may be eligible for expedited naturalization, allowing them to apply for citizenship after three years of lawful permanent residency.
Other Cases
Special provisions exist for certain individuals, such as members of the military, who may qualify for expedited or waived naturalization requirements. There are also different visa types and cases where you can qualify for naturalization after a set period.
What are the Steps to Obtain Citizenship?
The process of obtaining U.S. citizenship involves several steps, each with its requirements and procedures. Working with an immigration attorney can help streamline this process and ensure all necessary steps are completed correctly.
Your immigration lawyer will assist you in preparing and filing the necessary paperwork, including Form N-400 (Application for Naturalization). It’s important that you file the form correctly, including small details such as using the right color ink.
There is also a host of supporting documentation that you must submit with this form, including (but not limited to):
- Copy of your Green Card.
- Form N-648 (If you have a physical, developmental, or mental disability).
- Proof of your marital status.
- Proof of good moral character
- Proof of continuous residence and physical presence.
- Registration for Selective Service if applicable
- Request for legal representation
After filing your application, you will be scheduled for a biometrics appointment to provide fingerprints, photographs, and signatures. This appointment is scheduled automatically, and you will typically receive the notice 4-6 weeks after filing Form N-400.
The biometrics appointment is usually held at your local USCIS office and shouldn’t take longer than 30 minutes.
You will attend an interview with a USCIS officer, during which you will be asked questions about your application and background. This usually happens between 3-5 months after filing Form N-400.
Providing you meet the eligibility criteria and completed Form N-400 properly, the interview should be straightforward. It typically lasts 30 minutes. Make sure that you arrive for the interview 30 minutes beforehand to complete the check-in and show promptness.
The USCIS will review your immigration file and administer a civics test to assess your knowledge of U.S. history and government. You can actually take a practice civics test but please be aware that this may not be representative of the actual test, and it is a practice from 2008.
You will receive a decision from the government regarding your citizenship application, either approval or denial.
If approved, you will attend a ceremony where you will take the Oath of Allegiance and officially become a U.S. citizen. Don’t worry about this process – it’s actually one of the most rewarding parts of applying for naturalization and many people treasure the experience and the significance it has.
What is the Expected Timeline for Citizenship?
The expected timeline for citizenship varies depending on individual circumstances, but it typically takes several months to over a year from the initial application to the oath ceremony. A breakdown of the different timeline milestones is listed below:
- Receiving your Notice of Action (Form I-797C) after submitting your application: 2-4 weeks.
- Receiving your biometrics appointment: 1 month after application.
- Receiving your interview appointment notice: 3-5 months after filing.
- Taking your Oath of Allegiance Ceremony: 5-7 months after filing.
Please Note
These are only estimates, and each stage could take much longer based on current USCIS processing times and how efficient you are with your application. This is why it’s important to use the services of a citizenship attorney as they can make sure your application is as quick as possible. There are also things you can do to speed up the process. For example, providing you meet the eligibility criteria, you can file Form N-400 early via the 90-day early-filing rule. This means you can file Form N-400 90 days before the end of your legal permanent residence waiting period (3 or 5 years).
How can an Immigration Attorney Help With Your Bid for Naturalization?
An experienced citizenship attorney can provide invaluable assistance throughout the naturalization process, ensuring that your application is complete, accurate, and legally compliant. We have listed the main services and benefits a citizenship attorney near me provides.
1. End-to-end Guidance Through the Process
From the initial paperwork to the final oath ceremony, your citizenship attorney will guide you through each step of the naturalization process, answering your questions and addressing any concerns along the way.
We offer an end-to-end immigration services process because we understand that each journey is different and that you may face different challenges at different points. Your naturalization journey will most likely be completely different from everyone else, which is why an end-to-end approach is appropriate.
2. Ensuring Your Application is Legally Compliant
Immigration laws and procedures are complex and subject to change. An attorney will ensure that your application meets all current legal requirements, reducing the risk of delays or denials.
This includes making sure that you meet the initial eligibility requirements, that Form N-400 is completed properly, and that all the required documentation is submitted and fees paid.
3. Legal Representation During Interviews
Attending a citizenship interview can be nerve-wracking, but with an attorney by your side, you can have peace of mind knowing that you have expert legal representation.
We will help prepare you for the naturalization interview beforehand too, including how the process works, explaining the different components of the interview, and how you should conduct yourself.
This representation extends to any denial hearings should your application be unsuccessful.
4. Support and Guidance Through Difficult Processes
If complications arise during the naturalization process, such as requests for additional evidence or interviews, we will provide the support and guidance you need to navigate these challenges successfully.
Your voice is important, too, so as you apply for citizenship, it’s important that you speak up and ask as many questions as you want. If you are unsure of anything, don’t be silent. We would much rather you ask so that your concerns are eased or your understanding is improved.
FAQs
Suppose you do not meet the English language requirement. In that case, you may qualify for an exemption or waiver based on certain criteria, such as age and length of residency in the U.S. Your immigration attorney can help you explore your options.
If you are 50 or older and have been in the USA for at least 20 years, you can potentially take the naturalization test without an English language test. This also applies if you are over the age of 55 and have been in the USA for at least 15 years.
It’s important to note that if you do fail your English language test during your bid to become U.S. Citizen, you can retake it after your interview.
Having a criminal record does not necessarily disqualify you from applying for citizenship, but it may affect your eligibility depending on the nature and severity of the offenses. Consulting with an immigration attorney is advisable to understand how your criminal record may impact your citizenship application.
Primarily, a criminal conviction can undermine the requirement to demonstrate you have a good moral character. Additionally, if you have been convicted of aggravated felony or murder, you are permanently barred from U.S. citizenship.
Other crimes falling outside these two categories mean a temporary bar to apply for citizenship. Typically, you must wait 3-5 years (depending on the crime) after the date of the crime before applying.
The documents required for a citizenship application may vary depending on individual circumstances but typically include proof of identity, lawful permanent residency, and good moral character. Other required documents can include proof of military service, proof of medical disability, proof of current marital status, application fees or waivers, and a request for representation at the interview.
Your immigration attorney will provide you with a comprehensive list of required documents and assist you in preparing them.
The cost of hiring an immigration attorney for citizenship varies depending on factors such as the complexity of your case and the attorney’s experience.
Many attorneys offer free initial consultations to discuss your case and provide a quote for their services. When you have found a suitable Citizenship attorney, make sure you ask them for a transparent breakdown of their fee structure and any repayment options they might offer.
Extended periods outside the U.S. can affect your eligibility for citizenship, particularly if you break continuous residency requirements.
Consulting with an immigration attorney can help you understand how your travel history may impact your citizenship application. The basic principle is that you must spend at least 50% of your time living in the U.S. to be eligible for naturalization.
If your citizenship application is denied, you can appeal the decision. In most instances, once denied, your status will simply revert to LPR (legal permanent resident). Only in extreme cases such as immigration fraud may your Green Card be revoked, and you risk deportation.
An immigration lawyer can assist you in filing an appeal and represent you in administrative proceedings to challenge the denial. This is known as an administrative review request and it must be submitted within 30 days of your application denial.
Yes, you may be eligible to apply for citizenship if you are currently in the U.S. on a visa, depending on the type of visa. Providing your visa gives you LPR status (Legal Permanent Resident) and you meet the eligibility criteria for the US citizenship application then you can proceed.
Start Your Journey to U.S. Citizenship Today in the Right Way
If you want to hire immigration attorney services, contact Santoskhourny today to begin your journey to citizenship the right way. We believe everyone has the right to naturalization and are eager to help you reach your ultimate goals.
Complete this following form and our attorneys will contact you within 24 hours.
- 2423 SW 147th Ave #2102 Miami, FL 33185
- Immigration@santoskhoury.com
- Tel:1 800-413-4770