Thursday, May 14, 2009

How to Apply for U. S Citizenship?

Any Legal Permanent Resident (LPR) who has maintained permanent resident status for five years, and is physically present in US for at least 30 months of the 5 year period immediately preceding date of filing is eligible to apply for Naturalization. Any LPR who stayed outside US more than 6 months with or without permission from USCIS automatically breaks the continuity of residence for the purpose of naturalization eligibility. If an LPR stayed outside US more than 1 year , and wants to apply for naturalization he/she must reside in US for at least 4 years and 1 day after return, before he/she is eligible to apply for naturalization. Under the 1996 laws, if an alien is convicted of aggravated felony, even for probation for 12 months or more is not eligible to apply for naturalization, not only the application will be denied, and the alien may be removed from US.

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

· a period of continuous residence and physical presence in the United States;
· residence in a particular USCIS District prior to filing;
· an ability to read, write and speak English;
· a knowledge and understanding of U.S. history and government;
· good moral character;
· attachment to the principles of the U.S. Constitution; and,
· favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens, who can apply after 3 years of gaining permanent residence, and provided living together as spouses.

How do a person becomes a naturalized citizen?

If you are not a U.S. citizen by birth or derivation, you may be eligible to become a citizen through naturalization. People who are 18 years and older use the "Application for Naturalization" to become naturalized. Children who derived citizenship from naturalized parent(s) use the "Application for a Certificate of Citizenship" to document their naturalization from the USCIS.

When does the 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 (Form I-551) (formerly known as Alien Registration Card).

What form is used to file for naturalization?
You should use an "Application for Naturalization" which is available on the USCIS web site at www.uscis.gov.

If you have been convicted of a crime but the record has been expunged, is there any need to indicate that on the application or tell an USCIS officer?

Yes. You should always be honest with USCIS regarding all: Citations including traffic tickets, Charges, 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.

How the application fee is paid?

You must pay your application fee with a cashiers check or money order drawn on a U.S. bank in U.S. dollars payable to the " U. S. Dept of Homeland Security." You must send your fee with your application. Remember that your application fee is not refundable if you withdraw your application or USCIS denies your case.

How long will it take to become naturalized?

The time it takes to be naturalized varies from one local office to another. The USCIS continues to improve the naturalization process. Under the present circumstances, the USCIS reports that it takes, on average, between 6 and 9 months to become naturalized citizen. Applications are filed at the lock box centers in Lewisville, Texas and Phoenix, AZ under the new direct mail program.

If USCIS grants naturalization, when will that person becomes 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 of 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". Some countries do not allow a naturalized US citizen to keep his/her original citizenship. India allows former Indian citizens of children of Indian citizens to apply for OCI card or PIO card. The information is available on the web site of the Indian Embassy and Consulates in United States.

No comments:

Post a Comment