Naturalization ServicesâHow to Become a U.S. Citizen
An immigrant becomes a U.S. citizen by going through a process called naturalization. Each person has particular circumstances that can make their naturalization process unique, which is why consulting an immigration attorney is wise prior to filling out an application and beginning the process.
Naturalization requirements
The general requirements you must meet before applying for citizenship include:
- Lawful permanent residency for five years (application submission is allowed 90 days prior to meeting the residency requirement)
- Lawful permanent residency for three years if married to a U.S. citizen
- Lawful permanent residency for four years if legal status acquired through asylum
- Residence in a particular United States Citizenship and Immigration Services district (USCIS) District prior to filing
- Qualified military under wartime status, completing five years of honorable military service (no residency or physical presence requirements)
- Qualified military under peacetime status with at least one year of completed service and application filed while still in the service or sixth months after separation
- 18 years of age
- The ability to read, write, and speak English
- Knowledge and understanding of U.S. history and government
- Good moral character (violent felony or drug convictions usually make a person ineligible)
- Understanding of the principles of the U.S. Constitution
- Favorable disposition toward the United Statesâa loyalty oath must be taken
Citizenship application forms are available at the USCIS website (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=d84d6811264a3210VgnVCM100000b92ca60aRCRD&vgnextoid=d84d6811264a3210VgnVCM100000b92ca60aRCRD).
Citizenship test
Passing the citizenship test is a key factor and final step before taking the U.S. Oath of Allegiance where you are officially recognized as a U.S. citizen. The test has oral and verbal portions to test your command of the English language. You must also correctly answer questions about U.S. history and government.
Advantages of a naturalization law firm
A skilled Providence immigration lawyer can provide valuable assistance, such as:
- Reviewing your citizenship application to make sure all necessary details are provided
- Helping you with documentation to show residency requirements were met
- Suggesting guidelines for test preparation
- Advising on consequences of criminal convictions or prior immigration violations
Prior to applying for citizenship, immigration violations or criminal convictions may go unnoticed. Background checks, FBI fingerprinting, and cross-referencing agency databases allows the USCIS to do a thorough examination of permanent residents applying for citizenship.
Seeking legal advice from a knowledgeable Providence immigration attorney prior to beginning the naturalization process may be vital to avoid triggering deportation and removal proceedings or other stops and delays.
Find the Best Attorney for Your Case
Nashville and Memphis immigration attorneys
When immigrating to the United States, your future goals lay in the balance, whether you are seeking temporary work status, permanent residence, or citizenship. Because U.S. immigration laws are very specific and complex, there are often obstacles to overcome. Language barriers alone make achieving immigration goals a difficult task. You need to find the best Tennessee immigration attorney for your case to increase your chances for success.
What to look for in Memphis and Nashville immigration attorneys
Choosing the best Nashville immigration lawyers involves getting information about the lawyer’s skills, experience, and credentials. The following may serve as guidelines in selecting Nashville or Memphis immigration law attorneys:
Participation in the American Immigration Lawyers Association (AILA)
Interview prospective Tennessee immigration law attorneys
Because the outcome of your immigration matter greatly affects your future, take the time to interview your Tennessee immigration lawyer. The consultation fee is well spent if it saves you from delays, aggravation, or possible deportation. Arrange an appointment to discuss your specific immigration issues and find out if the lawyer has seasoned experience handling cases like yours and if he or she has obtained favorable outcomes.
Submitting applications to the USCIS should not be taken lightly. Under the federal Administrative Procedures Act, every form submitted becomes a legal case subject to adjudication.
You want to be sure that your lawyer is up-to-date on changing federal immigration laws, case laws, regulations, and procedures. Ask about the lawyer’s involvement in immigration-related professional organizations, such as AILA, or federal and state bar associations. Such organizations are how many lawyers stay current with changes in the immigration field.
Immigration attorneys in Tennessee at the Frager Law firm have nearly two decades of experience helping clients attain U.S. citizenship. Attorney Barry Frager has frequently lectured at AILA’s Continuing Legal Education (CLE) conferences on immigration matters. For immigration attorneys in Memphis, call 901-763-3188. For immigration attorneys in Nashville, call 615-366-1000. Call our Tennessee immigration and naturalization law firm toll free 888-889-VISA (8472) or contact us online.
Legal options if Immigration Application is denied
If your immigration petition or citizenship application is denied by the USCIS, you may appeal that decision. In immigration proceedings, appellate review authority is divided between two separate organizations within the Department of Justice: the Administrative Appeals Unit (AAU), under the jurisdiction of the USCIS (formerly INS), and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office of Immigration Review. There are strict time limits that must be met in order to file an appeal. It is also important to note that while there is no appeal to the denial of an application for adjustment of status, it can be possible to file a motion to reopen and reconsider the decision.
Only the person who submitted the original immigration application or petition can file the appeal and not the beneficiary of a visa petition. The person appealing the decision can be represented by an attorney or representative and the appeal must be accompanied by a properly executed USCIS Form G-28 (Notice of Entry or Appearance as Attorney or Representative).
Citizenship Lawyer
How to Fill Out a Green Card Application [M1]
Tennessee citizenship application
Attaining permanent residency is a stepping stone for citizenship application in Tennessee. Foreign citizens or nationals seeking permanent residency (green card holder status) must fill out a green card application. The legal term for filing a green card application is called applying for adjustment of status. You can obtain the packet of forms you need to fill out from the nearest USCIS office (https://secure.ssa.gov/apps6z/FOLO/fo001.jsp) by calling the USCIS forms number at 800-870-3676 or by downloading form I-485 online (http://www.uscis.gov/files/form/i-485.pdf) along with application instructions (http://www.uscis.gov/files/form/i-485instr.pdf)
Navigating the green card applicationâform I-485
There are 11 detailed pages of instructions about how to fill out a green card application. One reason the instructions are so complex is that people with different types of visa status must mail in their applications to specific and different locations.
The USCIS rejects forms that are improperly filled out. The pitfalls in filling out an application without legal help may include:
- Not using the most recent edition of form I-485
- Submitting your application to the wrong USCIS office (not the closest office to your residence or the one listed in the instructions for your type of visa or immigration status)
- Failing to submit correct filing fees with your form
- Failing to submit complete or correct documentation
In addition to answering the questions on the I-485 form, you are required to submit other documentation, such as:
- Translations of documents containing foreign language, translated by a certified translator
- If arrested or detained, original official court order or arresting agency statements that no charges were filed, the charge was dismissed, you were acquitted, or a record of conviction
- Copy of your passport page containing non-immigrant visa
- Copy of asylum record
- Photos (two identical photos meeting specifications covered by green card application instructions)
- Medical examination report
- Form G-325A, Biographic Information Sheet
Because a green card application involves many variables, an immigration lawyer provides vital help when preparing or reviewing the application. It is especially important to seek legal advice before submitting an I-485 if you have a criminal record.
The Frager Law firm offers Tennessee citizenship application services. The firm has nearly two decades of experience helping clients attain U.S. citizenship. For Memphis citizenship application, call 901-763-3188. For a Nashville citizenship application, call 615-366-1000. Call our Tennessee immigration and naturalization law firm toll free 888-889-VISA (8472) or contact us online.
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