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Boston U.S. Citizenship / Naturalization Lawyer

Posted By Cova Fernandez On February 10, 2015 @ 3:59 pm In | Comments Disabled

Our U.S. citizenship lawyers ^[1] have extensive experience processing even the most complex US citizenship/naturalization cases and can save you valuable time and effort in preparing your applications as well as avoiding costly delays created by errors in making your own applications. If you have spent considerable time outside the US as a US legal permanent resident, have had issues with prior immigration applications , or have had any criminal charges, it is very important that you contact a citizenship attorney for assistance with your US citizenship case. Call us at (617) 303-2600 (ext. 0) for an initial consultation with one of our immigration lawyers if you are in the Massachusetts or New England area.

What is Naturalization in the U.S.?

Naturalization is a process that allows foreign-born persons to obtain citizenship in the United States. Once granted American citizenship, foreign-born persons are granted the right to vote, the right to government jobs, the right to apply for resident status for VI family members and the freedom to travel with an American passport which provides entry without a visa into many countries. A key benefit a naturalization applicant will derive once granted U.S. citizenship is the ability to petition for an immediate family member through a faster petitioning process. There are many eligibility requirements a person must fulfill before they submit an application for naturalization.

Who is Eligible for Obtaining Citizenship or Naturalization in the U.S.?

In most situations, a person is eligible to apply for Naturalization, if they meet the following requirements:

Applicant has been a lawful permanent resident for five years (or three years for spouses of United States Citizens)
Applicant is 18 years old or older
Applicant is of good moral character
Applicant can speak, read, and write English
Applicant must pass a test on U.S. history and government
Applicant was physically present in the U.S. at least half the requisite time
Applicant has maintained lawful permanent residence continuously
Applicant swears loyalty to the U.S. by taking an oath of allegiance

(note: minor children of U.S. naturalization applicants may also be eligible and included in a naturalization application, under certain circumstances)

How Can I Obtain a U.S. Social Security Number?

In order to obtain a social security number, you must file an application, form SS-5 with the Social Security Administration. The Social Security office will ask for identification and immigration authorization (evidence of a visa which allows you to obtain a social security number, a work authorization card, or a green card).

What Are the Important Benefits of Becoming a U.S. Citizen?

American Citizenship include the right to vote in all government elections (federal, state and local), the right to travel and remain outside the U.S. for periods longer than 180 continuous days, the right to confer citizenship status on certain qualifying children under the age of 18, and others. U.S. Citizens are allowed to petition for the residency of their parents, married children, and siblings while U.S. residents are not. In addition, spouses and children of U.S. citizens may be eligible to receive U.S. residency (Green Card) with shorter waiting periods than family members of legal permanent residents.

When Should I Apply for U.S. Citizenship?

You should apply for U.S. citizenship (become naturalized) as soon as you qualify for it. US Residents share virtually all of the obligations that U.S. citizens have (i.e. the obligation of paying taxes on worldwide income, etc.), but do not have many of the important rights and immigration benefits. In addition, U.S. residency status can be lost or taken away and may be very difficult to regain (i.e. if you remain outside the U.S. for more than 180 days without permission, are convicted of certain crimes, etc.), while can only be lost in extraordinary situations (i.e. in case of treason, etc.).

What is the Duration of the Citizenship or Naturalization in the U.S.?

American Citizenship does not expire. However, it can be voided or withdrawn (i.e. when a person commits certain types of crimes).

U.S. Citizenship Renewability

U.S. Citizenship documents do not have to be renewed.

U.S. Citizenship Family Benefits

Certain family members may be immediately eligible to receive citizenship, such as minor children. Others are eligible to receive a green card with shorter wait periods than family members of residents (see Family based residency section for estimated wait periods ^[2]).

What Documentation Do I Need for the U.S. Naturalization or U.S. Citizenship process?

Birth Certificate(s)
Copy of Legal Permanent Residency Document
Marriage Certificate (if applying because of marriage to a United States Citizen)
Employment and residence history for the last five years
List of trips taken outside of the U.S. during the last five years
Two passport size photographs on white background

What is the U.S. Naturalization/Citizenship process like?

Stage One:

Prepare and file form N-400 (Application for Naturalization) with the appropriate filing fees at the Immigration Service Center in your district.

Stage Two:

Once the application is submitted, the applicant will receive notice of a fingerprint appointment date and shall appear on this date

Prepare for and appear for all meetings and interviews scheduled by the U.S. Immigration Service. (Note: failure to attend scheduled meetings may result in a denial of naturalization).

Attend citizenship interview before an immigration officer. The officer will test the applicant’s knowledge of U.S. civics and government, and English literacy tests.

If the applicant satisfies the interviewing officer and the alien’s file is complete, the applicant will then be scheduled for a swearing in ceremony.

Stage Three:

The applicant is given an appointment notice with an attached list of questions that must be submitted at the swearing in ceremony. This is to ensure that the applicant has maintained their lawful presence and good moral character between the time of the interview and the swearing in ceremony. Once the form is submitted, the applicant will be sworn in. The applicant must turn in their I-551 card (Legal Permanent Residency Document or “green card”) and are subsequently issued a naturalization certificate. At this point, the applicant is an official U.S. Citizen! Although the process can seem complex, working with an experienced U.S. citizenship lawyer can help ease the burden of gathering documentation and applying for naturalization.

What is the Priority Date of My Application and How Can I Find Out if it is Current?

The priority date is the date your initial application for residency was filed. The USCIS processes these applications in the order they were received, so by looking at what priority date the government is working on right now, we can estimate where your case is in the waiting line. The priority date in which the government is working for residency petitions, or the current priority date is published in the Visa Bulletin ^[3]. The current priority dates are published by application category and the bulletin is updated every month (categories are different by type of relationship—brother vs. parent, by marital and age status of beneficiaries, etc.–See the Visa Bulletin for category classifications. There are also a different amount of green cards available each year for each category—for example there are more green cards available for children of U.S. residents than for siblings of U.S. citizens). For example, if your residency or green card application for your brother was filed in September of 2001, and the Visa Bulletin says that the current priority date for that category is September 1996, meaning that they are granting visas to those who initially applied in September 1996, we can estimate that your brother’s application will take another 5 years before it can be granted. This estimate can change according to the number of people who applied in all the years previous to your application filing date or priority date, and are in line within that category. This will be reflected in the Visa Bulletin update. It is therefore, a good idea to check the Visa Bulletin often.

How Does the Government Determine My Priority Date?

Your priority date is established by the day the USCIS or the Department of Labor receives your initial visa petition or your initial labor certification application.

Why is My Case Taking Longer than Anticipated? What Does This mean?

You may sue the USCIS if it is taking longer than usual to process or decide your case. For more information on eligibility, process and necessary documentation for these types of cases, visit our page on Lawsuits against the U.S. Immigration Service (USCIS) ^[4].

Top ^[5]

Is There a Way to Pressure the Immigration Service to Work Faster on My Case?

Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the federal court, and the court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative. You must carefully evaluate with your attorney if this is worth the added risk and cost of the additional work required for this complaint. The following page of our site contains information on eligibility, process, required documents needed and cost to file such a legal action: Lawsuits against the U.S. Immigration Service (USCIS) ^[4]

What Happens if I Move, While the Immigration Service is Still Processing My Case?

You must notify the Immigration Service (USCIS) of your change in address. If you move out of state, the Immigration Service will likely transfer your case to the Immigration office with jurisdiction over the geographical area you move to, which may trigger delays in the processing of your application.

What Happens if My Case or Documentation is Misplaced or Transferred to Another City?

You should appear at your local USCIS office and request that your file be transferred to the appropriate Immigration office or Service Center.

Can I Get Permission to Travel (or advanced parole) While My Case is Being Processed?

If you apply for a non-immigrant visa ^[6](i.e. H-1B, O, P, L, E, etc.), there is no permission to travel available while your application is pending, and your application will be denied if you travel outside of the U.S.If you apply for residency through family or employment, you must request “advanced parole” or permission to travel from the Immigration Service, before traveling outside of the U.S. However, not everyone is eligible for this, and the Immigration Service may grant or deny your request at their discretion.

Eligibility for Advanced Parole or Permission to Travel

You must have been in lawful status at the time you filed your residency adjustment of status petition.
You filed your application for residency/adjustment of status on or before September 17, 1998.
If you are out of status at the time that you filed for residency/adjustment of status, you may be able to travel if the Immigration Service grants you a waiver of inadmissibility. (Note: This is extremely difficult to obtain.)

If You Are Eligible to Obtain Advanced Parole or Permission to Travel while Your Application is Pending, You Must Submit the Following:

Application I-131.
2 passport style photos (showing your right ear).
The filing fee for the I-131 application (these fees change periodically, so check it at the USCIS website) ^[7]
Supporting documentation to demonstrate the purpose of your travel (ie: letter from your employer stating you must travel for business, an invitation to attend a wedding, medical records of an ill immediate family member, etc.).

Do I Need to Have My Visa Stamped on My Passport for it to be Valid?

You do not need to have your non-immigrant visa stamped in your passport if you are already present in the U.S. A visa approval notice from the immigration service is sufficient if it contains an I-94 section at the bottom of the approval (otherwise, you must travel outside of U.S. to get the visa stamped). However, if you are currently outside of the U.S. or if you travel outside of the U.S., you will need the visa stamped in your passport or a green card in order to enter or return to the U.S.

What is Government Aid and Can Receiving it Affect My Immigration Status?

Government aid is any public assistance or service you receive that you do not pay for (example: public housing, food stamps, free medical benefits, etc.). Receiving government aid may prevent you from obtaining an approval of an immigration petition. Be very careful before you accept any free government benefit.

Can I Schedule an Appointment with USCIS to Ask a Question About My Case?

Appointments with the USCIS can be scheduled through the USCIS Info Pass appointment page on their site at: https://infopass.uscis.gov/info_en ^[8]

How Much Time Can a Legal Permanent Resident Spend Outside of the Country and Still be Eligible to Apply for Naturalization in the U.S.?

Generally you cannot be outside the U.S. for more than 180 continuous days without special permission, however, this is not the only requirement. You must also permanently reside in the United States. This is not only established by the number of days you are in the U.S., but rather, by your conduct and activities. For example, if you sell your house in the U.S. and purchase a house in another country, accept employment in another country, and enroll your children in school in another country; even though you could have been outside the U.S. for only a short period of time, for purposes of immigration, you may have established your residency outside the U.S. and therefore lost your legal permanent resident status, which is a requirement to apply for U.S. citizenship.

I Don’t Speak English Well, Do I Still Have to Take the Language and Civics Exam, or Are There Any Exceptions?

You are exempted from taking the English exam, and may be allowed to take the civics test in the language of your choice if you fit into one of the following categories:

You are age 50 or older and have lived in the United States as a Permanent Resident for periods totaling at least 20 years.
You are age 55 or older and have lived in the United States as a Permanent Resident for periods totaling at least 15 years.
You are age 65 or older and have lived in the United States as Permanent Resident for periods totaling at least 20 years. In this case, you may take an abbreviated civics exam.

If you elect to take the civics test in a different language than English, you must bring an interpreter to the interview.
To qualify for one of these exceptions, your time as a Permanent Resident does not have to be continuous and your time as a conditional resident counts towards your total time of residency as well. You may also be able to qualify for a language and civics test exception if you have extraordinary health conditions.

I Represented that I am a U.S. citizen on an Application (for Purposes Other than Immigration), Will That Hurt My Application U.S. Residence or Citizenship?

A false claim of U.S. citizenship ^[9] can always have a negative impact on any immigration process and in some instances it can result in criminal prosecution. Whether or not it will constitute an impediment to changing status would depend on the specific circumstances of the misrepresentation, and therefore, the case should be thoroughly reviewed by an immigration lawyer ^[10]before taking any action.

Can US Residency Be Lost?

There are many reasons why a person can lose his/her legal permanent residency in the U.S ^[11]. Common reasons include: remaining outside the US for extended periods of time (more than 180 days), being convicted of a crime ^[12]; providing false, improper or erroneous information on prior immigration applications, failure to apply for removal of conditions on a residency in a timely manner (for conditional residents), failure to comply with the requirements of conditional status (for conditional residents), and violations of certain immigration laws or regulations.

I Served in the Military, Can I Apply for US Citizenship Earlier?

Yes. U.S. Military personnel may be eligible to file for U.S. Citizenship earlier than other civilians, even if they served during a period of peacetime. Also, while some general naturalization requirements apply to members or veterans of the U.S. military, certain requirements may not apply to you or be reduced. For example, if you are under active duty you may not have to reside in or be physically present in the U.S. for any length of time before you may apply for naturalization.There are special services and assistance that the government provides for members of the U.S. Armed Forces. Information about eligibility and access to these services can be found at the following websites:

https://www.uscis.gov/military/naturalization-through-military-service ^[13]

https://www.uscis.gov/military/military-help-line ^[14]

What are the USCIS Filing Fees?

Fees for form N-400 (click here ^[15] to verify the U.S. Immigration Service fees as these change regularly).

How Long is the N-400 U.S. Citizenship Application Process, and How Long After the Interview Will I Have the Oath Ceremony?

Generally USCIS will adjudicate an N-400 within 6-12 months, but the processing times change frequently. USCIS publishes general processing times on their website ^[16]. Once USCIS has approved your N-400, you will be scheduled for an “Oath Ceremony” which is generally between 2 weeks to 2 months from the date of the approval depending upon the region of the country where you are and the availability of government resources at that time. Remember in most cases you are not a U.S. citizen until the oath of citizenship is administered.

What are the Fees of Our U.S. Citizenship Attorneys to Petition for Citizenship or Naturalization in the U.S.?

Click here ^[17] to learn more about our immigration legal fees.
Click here ^[18] if you would like to come in for an initial consultation with one of our immigration attorneys in Massachusetts. ^[10]