SettlementBoard.com News, Articles and Information for Legal Junkies

5Apr/110

Qualifications for U.S. Citizenship–Your PA Lawyer Can Help

Obtaining full naturalized United States citizenship is a lengthy process.  Before you can even make an application, you must have a permanent resident card (green card) for a minimum of five years (three years if your spouse is already a citizen).  Although it is possible to go through this complicated process without the help of an immigration lawyer, most green card holders who wish to become citizens contact an attorney to help them.  The process is complicated and contains several deadlines for filing that if missed, result in your application for citizenship denied.

To obtain naturalization in United States, an applicant must be:

  • At least 18 years old
  • A permanent U.S. resident for at least five years
  • Living within the state for at least three months
  • Physically present within the U.S. for at least 30 months of the past five years
  • Reside within the U.S. continuously from the date of application to the date naturalization is granted
  • Read, write, and speak English to acceptable levels
  • Knowledgeable of U.S. history and civics
  • A person of good moral character
  • Faithful to the principles of the U.S. Constitution and loyal to the United States

In addition, there several criteria related to the absence of criminal activities in the United States, or in some cases, in any other country in the world.  Obvious crimes precluding citizenship include homicide, rape, terroristic activities, and drug offenses.

You may be qualified for naturalization. A Philadelphia citizenship attorney with in-depth knowledge of immigration and citizenship law can provide you more information  about the criteria for obtaining naturalization in U.S.

Filed under: Immigration No Comments
4Apr/110

Misconceptions About Immigration and Citizenship

Immigration is a hot-button topic in America. Amid all the talk and opinions, numerous misconceptions persist. To uncover the truth, it is best to speak with a qualified immigration attorney in Los Angeles. What follows are some of the more commonly held misunderstandings.

Myth: All immigration applications are the same
Truth:
Every application is unique and numerous pathways exist to obtain legal residency in the United States. A citizenship attorney in Los Angeles can help determine which immigration path is right for you by assessing the details of your case including desired length of stay, family connections, education, and employment history and ensuring proper submission of all necessary forms.


Myth: Marrying a U.S. citizen automatically gives you U.S. citizenship

Truth: Spouses of U.S. citizens are not automatically granted U.S. citizenship. All spouses must go through a lengthy and detailed application process similar to other immigrants. There is no guarantee that an application will be approved. Immigrant spouses must first apply for permanent resident status and then maintain continuous residency for a minimum of three years before becoming eligible for U.S. citizenship. Before citizenship is granted, another application must be submitted and approved and the immigrant spouse must pass an English and civics exam. The entire process can take anywhere at least four to six years, depending on the circumstances.


Myth: If you are in the country illegally you cannot become a U.S. citizen or permanent resident

Truth: Even if you entered the United States illegally or entered legally but overstayed your visa, you may still be eligible to become a permanent resident. Although legal status is generally required for green card eligibility, exceptions to the rule exist. To understand the law as it applies to your particular case, it is best to speak with knowledgeable Los Angeles citizenship attorneys who can offer proper advice.

Myth: Once you have a green card it cannot be taken away
Truth: Permanent resident status may be revoked under certain conditions, including a conviction for a major crime or abandonment of your residency in the United States. If you anticipate frequent or prolonged absences from the United States, be sure to speak with a Los Angeles citizenship lawyer before you leave and take the necessary steps to maintain residential ties in the United States.

Contact us
Immigration and citizenship in the United States is a complicated maze of detailed forms, specific requirements, legal loopholes, and gray areas. To ensure you have the most up-to-date and correct information, consult with an experienced Los Angeles citizenship attorney at Wilner & O'Reilly about your case. Contact us today.

30Mar/110

Significant Changes to Immigration Law in North Carolina

Immigration law refers to nationality law, which governs the legal status of citizenship and nationality. Immigration laws are different in different countries, and the changes in law depend on the political situation of a particular country at that time. Immigration law is the most complex area of law in United States -- even more complicated than tax law. Constantly changing immigration laws make the immigration process more complicated.

Immigration Law

The United States Immigration and Nationality Act (INA) was enacted in 1952. Since then, many new immigration laws have been passed, layered through the INA, and made the interpretation of immigration laws more complex. As  immigration laws change, enforcement changes accordingly. The Department of Homeland Security (DHS) was created in 2002 in response to the terrorist attacks on September 11, 2001 and the former INS was brought under DHS and revamped into the United States Citizenship and Immigration Services (USCIS). Immigration law involves a complex maze of agencies. And DHS is not the only U.S. executive department involved in immigration law and the visa process. The Department of Justice operates the Immigration court system. The Department of State handles all issuances of visas. Each agency has its own appeals, review structure and the decisions of agencies are discretionary.

Experienced North Carolina Immigration Attorneys

Immigration law cases involve a lot of legal proceedings. It is good to have an experienced and knowledgeable legal professional who specializes in immigration law. Reputable North Carolina immigration attorneys keep up with immigration law changes and provide legal advice accordingly.

25Mar/110

What are the Benefits of Becoming a U.S Citizen?

Green card holders are lawful permanent residents who have nearly all of the rights of American citizens.  However, there are many benefits of becoming a naturalized U.S. citizen if you and your family plan to stay in the country the rest of your life.  An attorney focusing on immigration in North Carolina

Some of the rights that are applicable only for citizens are:

  • Working: Naturalized citizens are free to take any job offered and receive the same employment protections and wages as natural born Americans.
  • Voting: Only U.S. citizens can vote in national elections.
  • Bringing family members to the United States: Citizens have priority over others when petitioning to bring family members to U.S.
  • Obtaining citizenship for children born abroad: Generally, a child born to an American citizen overseas is automatically a U.S. citizen.  However, according to U.S. immigration laws. certain requirements must be met.
  • Traveling abroad with a U.S. passport: A U.S. passport provides access to help from the American government when you are overseas.
  • Becoming eligible for federal jobs: A job with the federal government job requires U.S. citizenship.
  • Retaining residency: Naturalization is the only way to remain a U.S. resident forever.  Unlike citizens, if green card holders spend too long a time outside the U.S, they may lose their permanent resident status. This has become a serious problem after the 9/11 attacks.
  • Deportation: There is a high risk of being deported if a green card holder is convicted of crime.  North Carolina immigration attorneys may be able to intervene on your behalf if you are threatened with deportation.
  • Government Benefits: There are several federal benefits available only to citizens. Naturalization is the only process to ensure receiving them.
  • Tax Consequences: For estate tax, a U.S. citizen is not treated same as a permanent resident.
  • Federal Grants: Many federal grants are available to U.S citizen applicants that are not available to permanent residents, i.e., green card holders.
  • Becoming an elected official: Natural or naturalized citizenship is required for elected officials all the way up to president.  An American president must be a natural citizen born in the United States.
  • Showing your patriotism: Becoming a U.S. citizen demonstrates your devotion to your new country.

For information about how to apply for United States citizenship with the help of a North Carolina citizenship lawyer, or any other immigration related issues, contact the firm that provides the best immigration services.