Cleveland Ohio Immigration Lawyer James Chin - Cleveland Ohio Naturalization Attorney









Immigration Visa Types: Work Visas Green Cards Student Visas Citizenship Family Visas Visitor Visas Other Visas & Nationality Needs				Who is born a United States citizen? Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens: By being born in the United States If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship. Through birth abroad to TWO United States citizens In most cases, you are a U.S. citizen if ALL of the following are true: Both your parents were U.S. citizens when you were born; and At least one of your parents lived in the United States at some point in their life. Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file a Form N-600, "Application for Certificate of Citizenship" with U.S. of Citizenship and Immigration Services (formerly known as the INS) to get a Certificate of Citizenship. Through birth abroad to ONE United States citizen In most cases, you are a U.S. citizen if ALL of the following are true: One of your parents was a U.S. citizen when you were born; Your citizen parent lived at least 5 years in the United States before you were born; and At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday. Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with U.S. of Citizenship and Immigration Services (formerly known as the INS) to get a Certificate of Citizenship. If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday. How do I become a naturalized citizen? If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the "Application for Naturalization" (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the "Application for a Certificate of Citizenship" (Form N-600) to document their naturalization . Adopted children who acquired citizenship from parent(s) use the "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643) to document their naturalization. You can instantly apply for U.S. citizenship online. Click on "Start Your Application" on the parent window to Begin your Application! What are the requirements for naturalization? For more details on the eligibility requirements for naturalization, please take our "Eligibility Test for Citizenship" on this site. When does my 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 (formerly known as Alien Registration Card). What form do I use to file for naturalization? U.S. government requires different forms based on an individuals situation. Take the guess work out of filing for U.S. citizenship. Our system makes preparing and filing your U.S. citizenship application as easy as 1-2-3. Can you change your name when you naturalize? You can change your name as part of your naturalization if a court in your area conducts naturalization oath ceremonies. Otherwise no name change can be recorded on your Certificate of Naturalization unless you already changed your name legally (such as by marriage) before completing the naturalization process. If you decide to change your name, you will be required to complete a Petition for Name Change during your interview. Petitioning the court to change your name may delay the date of your oath ceremony, in some cases. If you petition to change your name, the new name will not be legally binding until after your oath ceremony. The new name will appear on your Certificate of Naturalization. The U.S. of Citizenship and Immigration Services (formerly known as the INS) does not process petitions for a name change after naturalization. However, you still may change your name after naturalization by other legal means. If I have been convicted of a crime but my record has been expunged, do I need to indicate that on my application or tell an U.S. of Citizenship and Immigration Services (formerly known as the INS) officer? Yes. You should always be honest with U.S. of Citizenship and Immigration Services (formerly known as the INS) regarding all: 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, U.S. of Citizenship and Immigration Services (formerly known as the INS) may deny your application if you do not tell the U.S. of Citizenship and Immigration Services (formerly known as the INS) officer about the incident. It is extremely important that you tell U.S. of Citizenship and Immigration Services (formerly known as the INS) about any arrest even if someone else has advised you that you are not required to do so. Where do I file my naturalization application? Over 40% of all applications sent to the U.S. of Citizenship and Immigration Services (formerly known as the INS) are sent incorrectly and with mistakes, but with our system, you can be sure that this won't happen with your application. Take the guess work out of filing for U.S. citizenship. Our system makes preparing and filing your U. S. citizenship application as easy as 1-2-3. Click on the "Start Your Application" on the previous window. Will U.S. of Citizenship and Immigration Services (formerly known as the INS) provide special accommodations for me if I am disabled? Some people with disabilities need special consideration during the naturalization process. U.S. of Citizenship and Immigration Services (formerly known as the INS) will make every effort to make reasonable accommodations in these cases. For example, if you use a wheelchair, we will make sure your fingerprint location is wheelchair accessible. If you are hearing impaired and wish to bring a sign language interpreter to your interview, you may do so. Asking for an accommodation will not affect your eligibility for naturalization. The U.S. of Citizenship and Immigration Services (formerly known as the INS) makes decisions about making accommodations on a case-by-case basis. Where is my local U.S. of Citizenship and Immigration Services (formerly known as the INS) office? See the "List of U.S. of Citizenship and Immigration Services (formerly known as the INS) Field Offices." What is the fee for processing an application? The current fee for processing a naturalization application: US $675. How can I pay my application fee? You must pay your application fee with a check or money order drawn on a U.S. bank in U.S. dollars payable to the "Immigration and Naturalization Service." Residents of Guam should make the fee payable to "Treasurer, Guam." Residents of the Virgin Islands should make the fee payable to "Commissioner of Finance of the Virgin Islands." You must send your fee with your application. Remember that your application fee is not refundable even if you withdraw your application or U.S. of Citizenship and Immigration Services (formerly known as the INS) 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. In 1997, in many places, it took over 2 years to process an application. The U.S. of Citizenship and Immigration Services (formerly known as the INS) continues to improve the naturalization process. As of October 2001, the U.S. of Citizenship and Immigration Services (formerly known as the INS) reported that it takes, on average, between 6 and 9 months to become naturalized. Where can I be fingerprinted? After U.S. of Citizenship and Immigration Services (formerly known as the INS) has received your application, we will notify you of the location where you should get fingerprinted. How do I determine the status of my naturalization application? You can call the following numbers and find your status: California service center 949-831-8427 Nebraska service center 402-323-7830 Texas service center 214-381-1423 Vermont service center 802-527-4913 What if I cannot make it to my scheduled interview? It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so try not to change your original interview date. If an emergency arises and you absolutely cannot make your appointment, call the National Customer Service Center at 1-830-375-5283 to request rescheduling. The NCSC will record the information, and pass it on to the local office, which will make the final decision whether to reschedule your appointment. If you miss your scheduled interview without notifying U.S. of Citizenship and Immigration Services (formerly known as the INS), they will "administratively close" your case. Unless you contact U.S. of Citizenship and Immigration Services (formerly known as the INS) to schedule a new interview within 1 year after U.S. of Citizenship and Immigration Services (formerly known as the INS) closes your case, they will deny your application. The U.S. of Citizenship and Immigration Services (formerly known as the INS) will NOT notify you if they close your case because you missed your interview. What do I do if my address has changed? It is important that the U.S. of Citizenship and Immigration Services (formerly known as the INS) has your latest address. If they do not have your current address, then you may not receive important information from them. For example, they may not be able to notify you about the date and time of interview or about additional documents that you may need to send or bring. If you move after you filed your application for naturalization (form N-400), call the National Customer Service center's toll-free number at 1-830-375-5283 (TTY: 1-830-767-1833) to report your address change. You should also notify the U.S. Postal service of your new address to help ensure that any mail already on its way to be forwarded to you. If U.S. of Citizenship and Immigration Services (formerly known as the INS) grants me naturalization, when will I become 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 as your interview. If that option is not available or if you prefer a ceremony at a later date, U.S. of Citizenship and Immigration Services (formerly known as the INS) will notify you of the ceremony date with a "Notice of Naturalization Oath Ceremony" (Form N-445). What should I do if I cannot go to my oath ceremony? If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that U.S. of Citizenship and Immigration Services (formerly known as the INS) sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to U.S. of Citizenship and Immigration Services (formerly known as the INS). Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" (Form N-445) to tell you when your ceremony will be. What can I do if the U.S. of Citizenship and Immigration Services (formerly known as the INS) denies my application? There is an administrative review process for those who are denied naturalization. If you feel that you have been wrongly denied naturalization, you may request a hearing with an immigration officer. Your denial letter will explain how to request a hearing and will include the form you need. The form for filing an appeal is the "Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act" (Form N-336). Can I reapply for naturalization if U.S. of Citizenship and Immigration Services (formerly known as the INS) denies my application? In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new N-400 and pay the fee again. You will also need to have your fingerprints and photographs taken again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test. What do I do if I have lost my Certificate of Naturalization? What do I use as proof of citizenship if I do not have my certificate? You may get a new Certificate of Naturalization by submitting an "Application for Replacement Naturalization/Citizenship Document" (Form N-565) to U.S. of Citizenship and Immigration Services (formerly known as the INS). Submit this form with the fee to your local U.S. of Citizenship and Immigration Services (formerly known as the INS) office. It may take up to 1 year for you to receive a new certificate. If you have one, you may use your passport as evidence of citizenship while you wait for a replacement certificate. Do I need to obtain a new Permanent Resident Card (formerly known as an Alien Registration Card) when U.S. of Citizenship and Immigration Services (formerly known as the INS) issues a new version of the card? No, you only need to renew your Permanent Resident Card when it expires. I lost my Naturalization Certificate and I need to travel outside the U.S., how can I obtain proof of my citizenship so that I can apply for a U.S. passport with the Department of State? You should file an U.S. of Citizenship and Immigration Services (formerly known as the INS) Form N-565 (Application for Replacement Naturalization Citizenship Document) with your local office to replace the lost certificate. You may also contact the Department of State for information on how to obtain a passport. What do you mean by Continuous Residence? Continuous Residence means that you have not left the United States for a long period of time. An important requirement for naturalization. "Continuous residence" may be broken if you take a single trip out of the country that lasts for 6 months or more. What is form N-445, Notice of Naturalization Oath Ceremony? N-445, Notice of Naturalization Oath Ceremony - If you are approved for naturalization, you will receive an N-445 telling you when and where to attend your swearing in ceremony. On the back of the form will be several questions that you must answer before you check in at the ceremony. What is form N-470, Application to Preserve Residence for Naturalization Purposes? N-470, Application to Preserve Residence for Naturalization Purposes - The N-470 is a form that can be used by a small group of people who leave the country for longer than 1 year to maintain their "continuous residence." What is form N-565, Application for Replacement Naturalization Citizenship Document? N-565, Application for Replacement Naturalization/ Citizenship Document - If you lose your Certificate of Naturalization or your Certificate of Citizenship, you may file an N-565 to get a new one. This process may take up to 1 year, so U.S. of Citizenship and Immigration Services (formerly known as the INS) advises naturalized citizens to also get a U.S. passport as evidence of their U.S. citizenship. What is form N-600, Application for Certificate of Citizenship? N-600, Application for Certificate of Citizenship - If you are a citizen by birth or by law, you may file an N-600 to get a Certificate of Citizenship. This applies to people who were born outside of the United States to United States citizen parents and to people who become citizens based on their parents' naturalization. What if form N-648, Medical Certification for Disability Exceptions? N-648, Medical Certification for Disability Exceptions - The form used to apply for a disability exemption. If you have a qualifying medical disability that prevents you from fulfilling the English and civics requirement, you must have a licensed medical or osteopathic doctor, or licensed clinical psychologist complete and sign an N-648. You must submit the N-648 with your application. What is meant by Naturalization? Naturalization is the process by which immigrants become citizens. Who is a Permanent Resident? A Permanent Resident is a person who has been granted permanent resident status in the United States and has (or is waiting for) a Permanent Resident Card. What is a Permanent Resident Card? The Permanent Resident Card is an U.S. of Citizenship and Immigration Services (formerly known as the INS) document that identifies a person as a Permanent Resident. The Permanent Resident Card may be identified as either Form I-151 or Form I-551. The Permanent Resident Card used to be known as the Alien Registration Card and "green card." What is meant by Physical Presence? Physical presence in the United States is an important eligibility requirement. Most naturalization applicants must spend a specified amount of time in the United States in order to meet the "physical presence" requirement for naturalization. Except in a few cases, time spent outside of the United States, even if you go to Canada or Mexico briefly, does not count toward your "physical presence." What is meant by Port-of-Entry? The Port-of-Entry is the place where you legally entered the country or where you were granted an adjustment of status to a Permanent resident. Who is a U.S. National (but not U.S. citizen)? A person who owes permanent allegiance to the United States, and who may naturalize based on living in an outlying possession of the United States. What is meant by an United States Passport? A U.S. passport is a document that identifies you as a U.S. citizen. All naturalized citizens are encouraged to get a passport as soon as possible after they are naturalized. Can you change your name when you naturalize? You can change your name as part of your naturalization if a court in your area conducts naturalization oath ceremonies. Otherwise no name change can be recorded on your Certificate of Naturalization unless you already changed your name legally (such as by marriage) before completing the naturalization process. If you decide to change your name, you will be required to complete a Petition for Name Change during your interview. Petitioning the court to change your name may delay the date of your oath ceremony, in some cases. If you petition to change your name, the new name will not be legally binding until after your oath ceremony. The new name will appear on your Certificate of Naturalization. The U.S. of Citizenship and Immigration Services (formerly known as the INS) does not process petitions for a name change after naturalization. However, you still may change your name after naturalization by other legal means. What are the basic requirements for naturalization (filing for U.S. citizenship)? Citizenship Time Requirements : The statute (the letter of the law) provides that in order to file a naturalization application, the applicant must be: An LPR (Lawful Permanent Resident, i.e., green card holder) (exception if served in war for the U.S.), 18 years of age or older (unless military involvement), Resident continuously for 5 years subsequent to LPR status. If married to U.S. citizen (USC) the residency requirement is only 3 years but there are several conditions to the latter 3-year rule (e.g. parties must have been married for at least 3 years, no legal separation etc.). good moral character Must have resided in the state where the petition is filed for at least 3 months. Must be physically present in the U.S. for at least one half of the 5 years (or one half of the 3 years, in case spouse is USC). Must not be absent from the U.S. for a continuous period of more than 1 year during the period for which continuous residence is required. Absence of more than 6 months but less than 1 year establishes the presumption of not satisfying the continuity of residence, that can be rebutted. If the person has broken continuity of residence, he/she may reapply 4 years and 1 day following the date of her or his return to the U.S. to resume residency. Spouse of USC needs 2 years and 1 day. knowledge of English and ability to answer basic questions on U.S. history and government. I applied for citizenship 9 months ago, but have not received a fingerprint notice yet. Is this normal? How long does it usually take for fingerprints? Is there an expiration rule for fingerprints? Citizenship processing times vary widely depending upon location. It is not unusual that you have not yet received the fingerprint notice but it is generally a good idea to inquire with the office where one filed one's citizenship to check on the status of the case. With respect to expiration of fingerprints, generally the fingerprints are considered good for at least 15 months. After that point, if the naturalization case still has not been completed, the applicant may be asked to do the prints again. I have been a U.S. citizen for the last 10 years. My wife has been a permanent resident for the past year. Can my wife apply for citizenship? If yes, under what rule can she apply? A person who is a permanent resident and married to a citizen can apply for citizenship after 3 years. It appears your wife would have to wait 2 more years. Most permanent residents have to wait 5 years, but the 3-year rule is a benefit for spouses of U.S. citizens.

Houston Texas Immigration Lawyer Haroen Calehr - Houston Texas Naturalization Attorney