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Citizenship

We want to see you reap the benefits, protections and future that U.S. citizenship has to offer.

Acquiring United States Citizenship

There are a variety of ways that a person might acquire United States citizenship

 Of course, a person becomes a U.S. citizen by birth if he or she is born in this country, even if the individual is a citizen of another country. Dual citizenship is held, and United States law doesn’t require him or her to choose citizenship of one country or the other.

When Born Abroad or in a U.S. Territory

If you were born in a territory of the United States like Puerto Rico or Guam, and you have a birth certificate, you’re a U.S. citizen by birth.

If you were born outside of the United States or one of its territories, and at least one of your parents is a U.S. citizen, your birth certificate can be recorded with the U.S. Embassy in the nation you were born in.

Assuming recordation was before your 18th birthday, your parents can apply for and obtain a Consular Report of Birth Abroad. This document operates to confirm your United States citizenship.

Naturalization

When the naturalization process is invoked, a person who isn’t a U.S. citizen voluntarily becomes a citizen through a legal process.

The basic requirements of that process are to have lawful permanent residency (Green Card) in the United States for at least five years or at least three years if you’re married to a U.S. citizen.

Naturalization must be sought at least six months before your Green Card expires. If it has expired, you can still seek naturalization so long as you submit a photocopy of the payment receipt for your Application to Replace Permanent Resident Card.

There is a specific process that a person must go through to become a naturalized U.S. Citizen.

Our Central Valley immigration lawyers at Maison Law Immigration Lawyers can explain it to you.

Citizenship Through Asylum

Asylum may be granted to a foreign national who arrives at the U.S. border or who is already in this country and a refugee.

A refugee is defined as a person who is unable or unwilling to return to his or her country of origin and can’t obtain protection in that country because of past persecution or a well-founded fear of being persecuted in the future because of race, religion, nationality or membership in a particular social group or political opinion. Such fear must be credible and reasonable.

Pursuant to U.S. immigration law, the United States must protect people who qualify as refugees or those who are seeking asylum.

The Citizenship Process for Asylees

The first step for an asylee to become a U.S. citizenship is to obtain lawful permanent residence in the United States by having a Green Card issued to him or her.

An asylee is eligible to apply for a Green Card after one year of being granted asylum if he or she has maintained uninterrupted residence in the United States. The applicant must be physically present in the United States at the time of submitting their petition for lawful permanent residence.

Assuming asylum is granted, the asylee can then apply for U.S. citizenship 5 years after lawful permanent residence is approved. 

Obtaining asylum status, lawful permanent residency and United States citizenship are confusing and complicated tasks. You’ll want a knowledgeable and effective Central Valley immigration lawyer at your side from the start.

If you intend on seeking U.S. citizenship through asylum, contact Maison Law Immigration Lawyers for a consultation.

We want to see you reap the benefits, protections and future that U.S. citizenship has to offer. 

How Eligibility For Citizenship Works

When people think about citizenship, they’re pretty familiar with green cards. But there’s actually a process behind a green card that lets you apply for full citizenship. It happens through an Application for Naturalization, and that all starts with figuring out if you’re eligible.

The eligibility requirements for citizenship are pretty straightforward. You have to be:

  • At least 18 years old when you apply.
  • Able to read, write, and speak basic English, unless you qualify for an exception based on your age, how long you’ve had your green card, or something similar.
  • Of “good moral character” during the required period before applying.

There’s a second component to this too. You have to either:

  • Have had your green card for at least five years, or;
  • Have been a green card holder for at least three years and are married to and living with a U.S. citizen spouse.

While these are standard requirements, every situation is different. USCIS looks at citizenship on a case-by-case basis, and that brings up the really relevant question: how does the citizenship process actually work?

What is the N-400 Process?

Becoming a naturalized U.S. citizen can change everything for you and your family. But the process can also be incredibly intimidating and time-consuming. That’s why a lot of people are hesitant at first. But once you decide to start the process, it’s easier when you break it down step-by-step

  • File your N-400. Everything starts with completing and submitting your N-400. Typically, it asks you to provide information about things like:
    • Your immigration history
    • Where you’ve lived
    • Your work history
    • Travel outside the U.S.
    • Family and other parts of your background

It’s important to take your time with this because USCIS will go over this information during your interview. But once you turn in your application, there’s other steps that you’ll need to take:

  • Complete biometrics. USCIS might ask you to attend a biometrics appointment for fingerprints, a photo, and background checks. If USCIS doesn’t require an appointment in your case, you’ll move on to the next step.

  • Attend your citizenship interview. Your interview is a big part of the N-400 process. A USCIS officer will go over your application with you and ask questions about your background. You’ll also generally need to take the English and civics tests unless you qualify for an exemption or exception.

  • Answer any questions from USCIS. Sometimes USCIS needs more information before making a decision. You might get a request for additional documents or another notice (typically a Request for Evidence, or RFE) asking you to take some type of action. 

  • Wait for the decision. After your interview, USCIS will make a decision on your application. Your N-400 could be approved, continued while USCIS needs more information or additional testing, or denied. What happens next depends on the reason and the details of your case.

  • Take the Oath of Allegiance. If your application is approved, you’ll attend a naturalization ceremony and take the Oath of Allegiance. Once you complete the oath, you officially become a U.S. citizen.

Again, these steps always come with an N-400 application, but it can vary from person to person. Knowing how the process works is only part of the equation. The rest comes down to documentation and guidance. Our team can help you with it all.

Frequently Asked Questions

How long do I need to have a green card before I can apply for citizenship?

For most people, you need to have your green card for at least five years before applying for citizenship. If you’re married to a U.S. citizen and meet the requirements, you may be able to apply after three years.

What happens if my N-400 gets denied?

It depends on why your application was denied. You might be able to request a hearing, correct the issue and apply again, or take another step depending on your situation.

Does DACA or asylum status lead to citizenship?

Not directly. You generally need to first qualify for a green card and then meet the requirements for naturalization. If you’ve been granted asylum, you may be able to apply for a green card and eventually citizenship if you meet the requirements.

Contact a Central Valley Immigration Lawyer Today

Maison Law Immigration Lawyers has offices from Los Angeles to Stockton and also meets clients via Zoom.

Our home office is in Bakersfield California.

We are a full service immigration law firm serving the Central valley of California. We handle citizenship issues, visas, deportation defense and more.

Contact us now for confidential assistance. Let our team of immigration professionals review your case and achieve the outcome you need.

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