|
|
|
|
|
Citizenship
|
In recognition of Citizenship Day, on September 17, 2004
Ellis Island hosted a special naturalization ceremony.
A client of Sobolevsky & Associates, LLP was among new US citizens.
|
Naturalization
|
In the United States a process upon which a foreign country citizen/national becomes a citizen of the United States of America is called NATURALIZATION. Besides an ability to read, write, and speak English, general requirements upon which non-U.S. citizen can become eligible for naturalization include:
|
|
A foreign citizen/national with 5 years of a permanent residence in the U.S. and a physical continuous presence of at least 2,5 years with no more than 6 months absence.
|
|
|
A permanent resident, who has been married to the same U.S. citizen for approximately 3 years.
|
|
|
A person who has been married to a U.S. citizen killed while serving in the U.S. military.
|
|
|
A person serving in a military for U.S. in World War I/II, Korea, Vietnam, or Golf War.
|
|
|
The U.S. Government contractor who has been a "green card" holder for the period of 5 years.
|
|
|
Valid presence religious worker in the U.S. who has been a permanent resident for the past 5 years.
|
|
All naturalization applicants must demonstrate good moral character, attachment, and favorable personality.
|
Depending on your situation you will need to use the form H-400/H-600. If you have the financial resources and do not have the time to deal with the headaches of these forms then you should hire a lawyer to do it for you. However, if you do not have financial resources do not despair you can do it by yourself. Make sure you read the instructions carefully and follow them exactly. Please do not forget to include with your applications 3 years of your tax returns, your W-2 form from your employer and a complete copy of your passport, showing your all visas, proof of your presence of 30 months within the United States during the last five years.
If you had any history of arrest for any reason, please disclose them in the form. Even if at the time no one took your fingerprints and you never went to a court. You will have to include a certificate of disposition from a court which handled your case and imposed a sentence. The certificate of conviction must be original, not a copy. A fine or probation is considered a sentence and you must have proved that your fine was paid and you successfully were discharged from probation. Usually a receipt from the sentencing court and a letter from the Department of Probation are sufficient.
Additionally, if you read the preceding paragraph with interest you should seriously consider hiring a lawyer to complete and file an application and personally represent you during the interview. The need for a lawyer is based on your burden of proof that you are a person of high moral character that you have been during the last 5 years. The immigration officer, in determining eligibility for citizenship may and will use your prior criminal history against you. Even what may have appeared as a minor incident of drunk driving can be used against you in their allegations against you, that you are a habitual drunker which will preclude you from receiving your citizenship. In this event you will need additional proof from your counselor rebutting the same.
Other offenses, like prostitution, drug related and offenses of violence will also fail your application unless your lawyer rebuts the inference of immorality raised by such offences. Do not despair if in the past you have suffered a conviction. First of all, if the conviction was more than five years ago, it should not used in determination of your morality. Secondly, even if you suffered such a conviction within the five years of your application of citizenship, you should be able to show that you have never been arrested nor since that isolated incident and that otherwise you have lived an exemplarily life. The proof of which may consist of receipts from charitable organizations where you donated money, goods, services or your time. Such proof may also include your membership in charitable organizations, or religious organizations, or hospitals, or community based organizations which promote the general welfare of all and where you worked for free, or volunteered your service. If everything fails, donate blood to the Red Cross and bring the receipt.
If you hired a competent lawyer who will obtain all original paperwork documenting your past and then carefully explaining the negative and accentuating the positive, then you should be reasonably certain of your success during your interview. At times the interviewing officer may ask for very specific additional information and give additional time to compile it please do, you will not be successful without it and use it as an opportunity to receive your citizenship based on full complete timely and honest disclosure of everything which happened in your past.
For additional pointers how to conduct yourself during an interview please read information on a marriage interview.
More: Citizenship Exam (PDF).
Application for a U.S. Passport
|
|
Client's Responsibilities
| Client's Rights
| Letter of Engagement (sample)
| Help
|
|
|
|
Appeals
