Naturalization or CitizenshipThis is the process by which a legal permanent resident becomes a US citizen.
There are two basic ways that a person can become a citizen of the United States — through birth or through naturalization: What is involved in naturalizing? If you are a permanent resident, it means that you have been granted the ability to live and work in the United States permanently. Permanent residency is commonly referred to as having a “green card.” Two of the most common ways to obtain a green card are through family or through employment. Depending on your situation, you must be a lawful permanent resident for either three or five years before you are eligible to apply to naturalize and become a citizen. There are a number of steps involved in naturalizing. First, you must fill out an application. *Starting May 5 2014, USCIS will make certain changes to the naturalization application (N-400) making the application process more substantive and with more questions. Second, you must attend an interview with an immigration officer, at which time you must pass an examination. The exam tests an applicant’s knowledge of English, civics and U.S. history. It is important to note that some individuals are exempt from the examination or may have the opportunity to take the examination in their own language or to take a simplified test. To find out more about the exemptions, it is important to consult an attorney for the specifics. Finally, you must prove that you have good moral character. Once you meet the requirements and have been approved, you will attend a Naturalization Oath Ceremony where you will receive a certificate of naturalization. Asylum or Refugee Status
Asylum and refugee status is available to persons seeking protection in the US because they fear returning to their home country. If you qualify for asylum or refugee status, you can apply for permanent residence (green card) and remain in the US permanently.
Asylum - This application can protect an alien who is unable to return to his/her home country because of persecution based on race, nationality, religion, political views, or membership in a particular social group. Asylum is a form of protection from removal to a country of feared persecution that allows an eligible refugee to remain in the US and eventually to become a lawful permanent resident. Who can apply for Asylum? Any person (including illegal aliens) can apply for asylum within one year of arriving into the US unless circumstances in your home country have changed or extraordinary circumstances caused you to apply after one year. Refugee (A) any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such circumstances as the President after appropriate consultation (as defined in section 207(e) of this Act) may specify, any person who is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term “refugee” does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion. |
Family Petitions
Under U.S. immigration law, U.S. citizens and lawful permanent residents may file family petitions to sponsor their relatives for immigrant visas, known as green cards. The closer the family relationship is between the two parties, the less restrictive it is to obtain immigrant status. Fiance (e) visas are also available for foreign citizens who wish to enter the U.S. to marry a U.S. citizen. A petition must also be filed for this purpose by the U.S. citizen wishing to bring his or her fiance (e) into the country for marriage purposes.
FAMILY PETITIONS U. S. citizens can petition for immigrant visas on behalf of spouses, children, parents, unmarried children over 21 and their children, married children and their children, and siblings and their families. The closer the family connection, the more priority the petition will receive. Spouses and children under 21 generally will have the shortest waiting times. Visas beyond this category take longer due to a restricted number of visas allowable per year. Lawful permanent residents may file petitions for spouses, children under 21, and unmarried children over 21. FIANCE (E) VISAS The petition for a fiance (e) visa must include proof of U.S. citizenship by the petitioner, show that you and your fiance (e) intend to marry within 90 days of his or her entry into the U.S., that you are both free to marry, and that you have met with each other in person at least one time within 2 years of filing your petition. Exceptions may be made to the last rule in some cases. This visa allows your fiance (e) to enter the U.S. for 90 days so that your wedding can occur. After marriage, your spouse can then apply for a green card and may remain in the U.S. while the application is being processed. Your fiance (e)’s children may also be included in this process. Immigrant Visas
Employment Visa
In order for an individual to be employed legally in the United States, they generally need temporary or permanent permission from the U.S. government. There are different forms of visas or permits for which one may qualify. Family Visa These types of visas allow family members to remain together or be reunited within the United States. Depending upon the relationship of the alien to the family member, an alien may have to wait a number of years before being eligible for permanent residence, or what is commonly known as a "green card". Deportation/ Removal Proceedings
Deportation or Removal is a process where the US government takes legal action to remove aliens from the county. The entire process usually takes place in immigration court in front of a judge. An attorney representing the US government petitions the court to remove the alien from the country permanently. Deportation Proceedings This is the process in which the US government charges an immigrant or alien with a violation of the U.S. immigration laws, and an Immigration Judge decides whether an immigrant or alien should be removed from the U.S., or be legally allowed to remain in the U.S.
Who can be removed? Any person that is not a US citizen can be removed from the country. Persons who have overstayed their visa or worked without permission are subject to removal. Permanent Residents (green card holders) are also subject to removal if they are convicted of certain crimes or violated immigration laws. How does it begin? The removal process usually begins with an arrest or the issuance of a Notice to Appear (NTA). The NTA is official notice from the government ordering the alien to appear in immigration court. The alien must defend himself/herself to stay in the country. If you are arrested or receive an NTA from the government, call us immediately to speak with Immigration Lawyer Francis Henriquez. Is it possible to stay in the US? Yes, it is very possible to cancel removal proceedings and stay in the country, but only if you have good defense. Call us to speak with an immigration lawyer to explore your defense options. Our immigration lawyer specializes in removal defense and will fight to keep you and your family in the country. |
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