Naturalization is the method during which U.S. citizenship is granted to a inexperienced card holder after assembly sure necessities established within the Immigration and Nationality Act. Listed below are some incessantly requested questions concerning naturalization:
Q: How previous should I be to use for naturalization?
A: You have to be 18 years previous or older on the time you apply for naturalization.
Q: I heard that I have to be a inexperienced card holder for at the least 5 years to use for naturalization. However I additionally I heard that I may apply for naturalization after 3 years of being a inexperienced card holder. Is it 5 years or 3 years earlier than I can apply for naturalization?
A: Usually, you have to be a inexperienced card holder for 5 years. Nevertheless, there are exceptions in which you’ll apply earlier. One exception is in case you are married and dwelling with a U.S. citizen and have been married to that U.S. citizen for the previous three years, and your U.S. citizen partner has been a U.S. citizen for at the least the previous three years, then you may apply for naturalization at three years. One other exception is when you obtained your inexperienced card based mostly on being an abused partner/youngster of a U.S. citizen, then you may apply for naturalization at three years.
Q: I heard that I need to present steady presence and bodily presence as a way to be eligible for naturalization. How do I present steady and bodily presence?
A: The continual presence requirement means that you’ve got maintained a everlasting residence within the U.S. Usually, steady presence is damaged while you make a journey exterior the U.S. for six months or extra. The bodily presence requirement means that you’ve got been bodily current within the U.S. for at the least half of the time you’re statutorily making use of for naturalization.
For instance, in case you are making use of for naturalization based mostly on being a inexperienced card holder for 5 years, you’ll have to present that on the time of submitting your utility for naturalization, you have been bodily current within the U.S. for at the least 913 days of the final 5 years.
If you’re making use of for naturalization based mostly on being a inexperienced card holder for at the least three years, you’ll have to present that on the time of submitting your utility for naturalization, you have been bodily current within the U.S. for at the least 548 days of the final three years.
Q: I had a felony incident that came about a very long time in the past. I heard that if I apply for naturalization, immigration solely considers felony incidents that occurred within the final 5 years. Is that true?
A: No, not essentially. You should set up that through the statutory interval that’s relevant to you (5 years or three years) you’re a individual of excellent ethical character. Nevertheless, immigration will not be prohibited from contemplating your total felony previous/historical past as an grownup in deciding whether or not you’re a individual of excellent ethical character.
As well as, immigration can think about your felony previous/historical past in not solely figuring out good ethical character but additionally for the aim of figuring out whether or not you ought to be positioned in elimination/deportation proceedings.
Q: I heard that when making use of for naturalization, immigration solely considers felony previous/historical past in deciding as as to if I’m an individual of excellent ethical character. Is that true?
A: No. There are different elements that immigration will think about in figuring out whether or not you’re a individual of excellent ethical character for naturalization functions.
For instance, it’s doable that your good ethical character can’t be established when you fail to file or pay taxes with out exhibiting extenuating circumstances. It is usually doable that your good ethical character can’t be established when you’ve got not complied with court-ordered youngster assist, and you’re arrears with out exhibiting extenuating circumstances.
Q: I’ve been a inexperienced card holder for a very long time, do I nonetheless should take an English check?
A: Usually, when making use of for naturalization, you should show your capacity to learn, write, communicate, and perceive English. Nevertheless, there are exemptions and exceptions to the English check. If you’re 50 years or older and have been a inexperienced card holder for 20 or extra years on the time of submitting for naturalization, you’re exempt from the English check.
If you’re age 55 years or older and have been a inexperienced card holder for 15 years or extra on the time of submitting for naturalization, you’re exempt from the English check. It is very important word that underneath these English exemptions, you’re nonetheless required to take the civics check, which is a verbal check that’s used to show your data of U.S. historical past and authorities.
You probably have a medical incapacity that you just consider prevents you from studying or demonstrating your data of English and/or U.S. historical past and authorities, chances are you’ll be eligible for an exception from the English and/or civics check.
Understanding of the US authorized system is important for making knowledgeable selections in your immigration journey. Name Hinkson Immigration Regulation, PLLC right this moment at (786) 309-7038.
Jamal O. Hinkson, Immigration Legal professional, www.hinksonimmigrationlaw.com
