|
| The
Law Offices os
Susana Chung will be pleased
to process your Naturalization application,
whether on behalf of the company or the
self-petitioning individual. Our law office
will carefully analyze your case and make
recommendations on the most appropriate
process for you or your company to pursue.
Call us (213) 386-8688. |
1. How can I become a United States Citizen?
A
person may become a U.S. citizen (1) by birth
or (2) through naturalization.
2.
Who is born a United States Citizen?
Generally,
people are born U.S. citizens if they are
born in the United States or if they are born
to U.S. citizens:
(1)
By being born in the United States
If
you were born in the United States (including,
in most cases, Puerto Rico, Guam, and the
U.S. Virgin Islands), you are an American
citizen at birth (unless you were born to
a foreign diplomat). Your birth certificate
is proof of your citizenship.
(2)
Through birth abroad to TWO United States
citizens
In
most cases, you are a U.S. citizen if ALL
of the following are true:
-
Both your parents were U.S. citizens when
you were born; and
-
At least one of your parents lived in the
United States at some point in their life.
-
Your record of birth abroad, if registered
with a U.S. consulate or embassy, is proof
of your citizenship. You may also apply for
a passport to have your citizenship recognized.
If you need additional proof of your citizenship,
we can file an Application for Certificate
of Citizenship with USCIS to get a Certificate
of Citizenship.
(3)
Through birth abroad to ONE United States
citizen
In
most cases, you are a U.S. citizen if ALL
of the following are true:
-
One of your parents was a U.S. citizen when
you were born;
-
Your citizen parent lived at least 5 years
in the United States before you were born;
and At least 2 of these 5 years in the United
States were after your citizen parent's 14th
birthday*.
Your
record of birth abroad, if registered with
a U.S. consulate or embassy, is proof of your
citizenship. You may also apply for a passport
to have your citizenship recognized. If you
need additional proof of your citizenship,
we can file an Application for Certificate
of Citizenship with the USCIS to get a Certificate
of Citizenship.
*If
you were born before November 14, 1986, you
are a citizen if your U.S. citizen parent
lived in the United States for at least 10
years and 5 of those years in the United States
were after your citizen parent's 14th birthday.
3.
How do I Become a Naturalized Citizen?
If
you are not a U.S. citizen by birth or did
not acquire U.S. citizenship automatically
after birth, you may still be eligible to
become a citizen through the normal naturalization
process. People who are 18 years and older
use the Application for Naturalization to
become naturalized. Persons who acquired citizenship
from parent(s) while under 18 years of age
use the Application for a Certificate of Citizenship
to document their naturalization . Adopted
children who acquired citizenship from parent(s)
use the Application for a Certificate of Citizenship
on Behalf of an Adopted Child to document
their naturalization.
4.
What are the Requirements for Naturalization?
Please
refer to the Naturalization section available
on this web site for a comprehensive discussion
of naturalization requirements.
5.
When does my time as a Permanent Resident
begin?
Your
time as a Permanent Resident begins on the
date you were granted permanent resident status.
This date is on your Permanent Resident Card
(formerly known as Alien Registration Card).
Click here to view a sample card..
6.
If I have been convicted of a crime but my
record has been expunged, do I need to indicate
that on my application or tell an USCIS officer?
Yes.
You should always be honest with USCIS regarding
all:
-
Arrests (including those by police, Immigration
Officers, and other Federal Agents);
-
convictions (even if they have been expunged);
and
-
crimes you have committed for which you were
not arrested or convicted.
Even
if you have committed a minor crime, USCIS
may deny your application if you do not tell
the USCIS officer about the incident. It is
extremely important that you tell USCIS about
any arrest even if someone else has advised
you that you are not required to do so.
7.
Will USCIS provide special accommodations
for me if I am disabled?
Some
people with disabilities need special consideration
during the naturalization process. USCIS will
make every effort to make reasonable accommodations
in these cases. For example, if you use a
wheelchair, we will make sure your fingerprint
location is wheelchair accessible. If you
are hearing impaired and wish to bring a sign
language interpreter to your interview, you
may do so. Asking for an accommodation will
not affect your eligibility for naturalization.
The USCIS makes decisions about making accommodations
on a case-by-case basis.
8.
What is the fee for processing an application?
The
current USCIS filing fee for processing a naturalization
application, as well as the fees for other
applications, can be found by clicking here.
9.
How long will it take to become naturalized?
The
time it takes to be naturalized varies from
one local office to another. In 1997, in many
places, it took over 2 years to process an
application. The USCIS continues to improve
the naturalization process. As of October
2001, the USCIS reported that it takes, on
average, between 6 and 9 months to become
naturalized.
10.
Where can I be fingerprinted?
After
USCIS has received your application, we will
notify you of the location where you should
get fingerprinted.
11.
How do I determine the status of my naturalization
application?
Click
on the menu button to the left, labeled "Check
Case Status" and
enter your file number.
12.
What if I cannot make it to my scheduled interview?
It
is very important not to miss your interview.
If you have to miss your interview, you should
notify the office where your interview is
scheduled by mail as soon as possible. In
your letter, you should ask to have your interview
rescheduled. Rescheduling an interview may
add several months to the naturalization process,
so try not to change your original interview
date. If an emergency arises and you absolutely
cannot make your appointment, call us at the
this law office and we can assist you in rescheduling.
The NCSC will record the information, and
pass it on to the local office, which will
make the final decision whether to reschedule
your appointment. If you miss your scheduled
interview without notifying USCIS, the USCIS
will "administratively close" your
case. Unless you contact USCIS to schedule
a new interview within 1 year after USCIS closes
your case, they will deny your application.
The USCIS will NOT notify you if we close your
case because you missed your interview.
13.
If USCIS grants me naturalization, when will
I become a citizen?
You
become a citizen as soon as you take the Oath
of Allegiance to the United States. In some
places, you can choose to take the Oath the
same day as your interview. If that option
is not available or if you prefer a ceremony
at a later date, USCIS will notify you of the
ceremony date with a "Notice of Naturalization
Oath Ceremony."
14.
What should I do if I cannot go to my oath
ceremony?
If
you cannot go to the oath ceremony, you should
return the "Notice of Naturalization
Oath Ceremony" that USCIS sent to you.
You should send the notice back to your local
office. Include a letter saying why you cannot
go to the ceremony. Make a copy of the notice
and your letter before you send it to USCIS.
Your local office will reschedule you and
send you a new "Notice of Naturalization
Oath Ceremony" to tell you the date of
your ceremony.
15.
What can I do if USCIS denies my application?
There
is an administrative review process for those
who are denied naturalization. If you feel
that you have been wrongly denied naturalization,
our law office can request a hearing with
an immigration officer.
16.
Can I reapply for naturalization if USCIS
denies my application?
In
many cases, you may reapply. If you reapply,
you will need to complete and resubmit a new
application and pay the fee again. You will
also need to have your fingerprints and photographs
taken again. If your application is denied,
the denial letter should indicate the date
you may reapply for citizenship. If you are
denied because you failed the English or civics
test, you may reapply for naturalization as
soon as you want. You should reapply whenever
you believe you have learned enough English
or civics to pass the test.
17.
What do I do if I have lost my Certificate
of Naturalization? What do I use as proof
of citizenship if I do not have my certificate?
You
may get a new Certificate of Naturalization
by submitting an "Application for Replacement
Naturalization/Citizenship Document"
to USCIS. Our law office can assist you in
obtaining the proper documents.
Once
we submit this form with the filing fee to
your local USCIS office, it may take up to
1 year for you to receive a new certificate.
If you have one, you may use your passport
as evidence of citizenship while you wait
for a replacement certificate.
18.
Do I need to obtain a new Permanent Resident
Card (formerly known as an Alien Registration
Card) when USCIS issues a new version of the
card?
No,
you only need to renew your Permanent Resident
Card when it expires.
19.
If I am a U.S. citizen, is my child a U. S.
citizen?
A
child who is born in the United States, or
born abroad to a U.S. citizen(s) who lived
in (or came to) the United States for a period
of time prior to the child's birth, is considered
a U.S. citizen at birth.
A
child who is:
(a)
born to a U.S. citizen who did not live in
(or come to) the United States for a period
of time prior to the child's birth, or (b)born
to one U.S. citizen parent and one alien parent
or two alien parents who naturalize after
the child's birth, or (c)adopted and is permanently
residing in the United States can become a
U.S. citizen by action of law on the date
on which all of the following requirements
have been met: (1) the child was lawfully
admitted for permanent residence*; and (2)
either parent was a United States citizen
by birth or naturalization**; and (3) the
child was still under 18 years of age; and
(4) the child was not married; and (5) the
child was the parent's legitimate child or
was legitimated by the parent before the child's
16th birthday (Stepchildren or children born
out of wedlock who were not legitimated before
their 16th birthday do not derive United States
citizenship through their parents.); and (6)
if adopted, the child met the requirements
of section 101(b)(1)(E) or (F) and has had
a full and final adoption; and (7) the child
was residing in the United States in the legal
custody of the U.S. citizen parent (this includes
joint custody); and (8) the child was residing
in the United States in the physical custody
of the U.S. citizen parent.
If
you and your child meet all of these requirements,
you may obtain a U.S. passport for the child
as evidence of citizenship. If the child needs
further evidence of citizenship, we can submit
an "Application for Certificate of Citizenship"
to the USCIS to obtain a Certificate of Citizenship.
If the child meets the requirements of Section
101(b)(1) of the Immigration and Nationality
Act as an adopted child, you may submit an
"Application for Certificate of Citizenship
on Behalf of an Adopted Child." (Note:
a child who meets these requirements before
his or her 18th birthday may obtain a passport
or Certificate of Citizenship at any time,
even after he or she turns 18.)
*NOTE
- Children who immigrate in the "IR-3"
or "IR-4" categories must have had
an immigrant petition filed on their behalf
before their 16th birthday; see answers to
Question 25 below. All adoptions for any other
type of immigration benefit, including naturalization,
must be completed by the child's 16th birthday,
with one exception: A child adopted while
under the age of 18 years by the same parents
who adopted a natural sibling who met the
usual requirements.
**NOTE
- The "one U.S. citizen parent"
rule only applies to children who were under
age 18 on or after February 27, 2001. For
children claiming automatic citizenship prior
to this date, the individual in certain cases
would have to establish that the parent or
parents who were not U.S. citizens by birth
had naturalized (or that the naturalizing
parent was separated or legally divorced and
had legal custody of the child).
20.
If I am a U.S. citizen, but my child does
not meet the requirements listed above, can
I still apply for citizenship for my child?
A
child who is regularly residing IN the United
States can become a citizen of the United
States only by meeting the requirements listed
in the answer to Question 24 above. If a child
regularly resides IN the United States and
is not a lawful permanent resident, he or
she cannot acquire citizenship automatically
until he or she is granted lawful permanent
residence. If a child who has been lawfully
admitted for permanent residence fails to
qualify for citizenship under the provisions
of law, the child may apply for naturalization
by filing after reaching 18 years of age,
provided that he or she has the required 5
years of lawful permanent residence.
U.S.
citizens may apply for citizenship for their
children by birth or adoption who do NOT regularly
reside in the United States, if all of the
following conditions are met:
The
child is under 18 years of age; and
The
child is not married; and
The
child regularly resides outside the United
States; and
The
child is temporarily present in the United
States pursuant to a lawful admission and
is maintaining such lawful status; and
The
child is in legal and physical custody of
a parent who is a U.S. citizen; and
The
child is the U.S. citizen's legitimate child,
or was legitimated before the child's 16th
birthday (stepchildren or children born out
of wedlock who were not legitimated before
their 16th birthday are not eligible for this
procedure); and
If
adopted, the child meets the requirements
of section 101(b)(1)(E) or (F) and had a full
and final adoption; and either of the following
is true:
The
citizen parent has lived at least 5 years
in the United States, and at least 2 of which
were after the citizen parent's 14th birthday;
or If the child's citizen parent has not lived
in the United States for at least 5 years,
2 of which were after that parent's 14th birthday,
the citizen parent currently has a parent
(the child's grandparent) who: is also a U.S.
citizen; and lived in the United States for
5 years, at least 2 of which were after the
citizen grandparent's 14th birthday; and is
still living at the time of the adjudication
of the application and the taking of the Oath.
If
the foregoing conditions are met, the citizen
parent can apply for a certificate of citizenship
in behalf of a legitimate or legitimated child
using an "Application for Certificate
of Citizenship" or, in the case of an
adopted child, an "Application for Certificate
of Citizenship on Behalf of An Adopted Child."
If the citizen parent is relying on the grandparent's
physical presence in the United States, the
citizen parent should also submit Supplement
A. Both the citizen parent and the child must
appear at an interview with an USCIS officer
in the United States. The child must meet
ALL of the required conditions at the time
when he or she takes the Oath of Allegiance
(Note: the Oath may be waived if the child
is too young to understand it).
21.
If the U.S. citizen who transmitted citizenship
to a child through one of the scenarios described
in the question above or who could have applied
for naturalization and the issuance of a Certificate
of Citizenship through the procedure described
above has died, can the child still obtain
a Certificate of Citizenship?
A
person who became a U.S. citizen through one
of the scenarios described above can be issued
a Certificate of Citizenship at any time in
his or her life as long as he or she has not
gone through the difficult procedure of renouncing
U.S. citizenship. If the person has not yet
reached their 18th birthday, a legal guardian
can file the application. If the person has
reached their 18th birthday, either the person
or a legal guardian can file the application.
A
child who could have been the beneficiary
of an application filed through the procedure
described above, except for the death of a
U.S. citizen parent, can become a U.S. citizen
and can be issued a Certificate of Citizenship,
if the following conditions are met:
The
application must be filed within five years
of the death of the U.S. citizen parent; and
The
application must be filed by either a U.S.
citizen grandparent or a U.S. citizen legal
guardian; and
The
child is under 18 years of age; and
The
child is not married; and
The
child regularly resides outside the United
States; and
The
child is temporarily present in the United
States pursuant to a lawful admission and
is maintaining such lawful status at the time
of the interview and adjudication of the application;
and
The
person in whose legal and physical custody
the child lives with outside the United States
does not object to the application; and
The
child was the U.S. citizen's legitimate child,
or was legitimated before the child's 16th
birthday (stepchildren or children born out
of wedlock who were not legitimated before
their 16th birthday are not eligible for this
procedure); and
If
adopted, the child meets the requirements
of section 101(b)(1)(E) or (F) and had a full
and final adoption; and
The
citizen parent has lived at least 5 years
in the United States, and at least 2 of which
were after the citizen parent's 14th birthday;
or If the child's citizen parent has not lived
in the United States for at least 5 years,
2 of which were after that parent's 14th birthday,
at the time of the citizen parent's death
the citizen parent had a parent (the child's
grandparent) who:
was
also a U.S. citizen; and
at
the time of the citizen parent's death had
lived in the United States for 5 years, at
least 2 of which were after the citizen grandparent's
14th birthday.
Once
all of the requirements have been met, any
U.S. citizen grandparent or duly appointed
U.S. citizen legal guardian can file an application
on behalf of an eligible child. The child
must be residing outside the United States
in order to be eligible for this benefit,
but the applicant can reside in or outside
the USA. Although the cutoff date for applications
pursuant to 322 filed by a citizen grandparent
or by a citizen legal guardian is five years
after the death of the citizen parent, the
joint interview of the applicant and the child
beneficiary can be conducted at any Immigration
Office in the United States that conducts
these interviews at any time while the child
is still under the age of eighteen years.
22.
How do I register with selective services?
Selective
Service registration allows the United States
Government to maintain a list of names of
men who may be called into military service
in case of a national emergency requiring
rapid expansion of the U.S. Armed Forces.
By registering all young men, the Selective
Service can ensure that any future draft will
be fair and equitable.
Federal
law requires that men who are at least 18
years old, but not yet 26 years old, must
be registered with Selective Service. This
includes all male non-citizens within these
age limits who permanently reside in the United
States. Men with "green cards" (lawful
permanent residents) must register. Men living
in the United States without USCIS documentation
(undocumented aliens) must also register.
But men cannot register after reaching age
26. Failure to register for the Selective
Service may (in certain instances) make you
ineligible for certain immigration benefits,
such as citizenship.
23.
I lost my Naturalization Certificate and I
need to travel outside the U.S., how can I
obtain proof of my citizenship so that I can
apply for a U.S. passport with the Department
of State?
We
can file an Application for Replacement Naturalization
Citizenship Document with your local office
to replace the lost certificate.
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