Every year applicants from all over the world are always heading to the US for greener pastures and greater opportunities. They do this through a green card lottery program, education or through employment. Depending on the reason why you want to go to America you have to apply for a visa that is line with the reason that you want to go there.
Most people go to the US on visa’s that have an expiration date after which they will have to either renew their visas or go back home. However, for some they come to the US and they feel that they are already at home and for this reason they seek to be citizens.
You have to understand that the journey from being an immigrant to a citizen can take years. Even so, most people who get to take oath of citizenship remember this day for the rest of their lives. The wait becomes worth it after they become US citizens. Depending on whether you have just landed in the United States, if you have been living as a permanent resident for years, or if you just recently got your green card understanding the Naturalization process in NYC is important before you get started.
At the law office of Jason A Dennis, our immigration attorneys take pride in assisting the naturalization applicant undertake the naturalization process and gain the full rights and privileges of a U.S citizenship.
What Is The Residency And Physical Presence Requirements for Citizenship?
If you want to get started with the process of becoming a citizen through the process of naturalization you have to start by adjusting your status to that of a LPR (lawful permanent resident). Getting your green card is just the first step into getting your citizenship approved. Also, you will still have to maintain a good moral character and as well comply with the immigration laws. Here are some of the requirements that you will have to meet.
From the time you have obtained your green card;
- Most individuals need to have been LPRs for a period of at least 5 years
- If you are a spouse of a citizen of the United States you should have a lawful permanent residence for at least 3 years.
- For individuals who have been in military service for a period of at least one year and have been discharged within the past 6 months they need to be lawful permanent residents on the date when the naturalization interview is taking place.
- Military personnel that have been in active military service during a time where there was conflict don’t need to first become lawful permanent residents before applying for naturalization
Physical Presence Requirements
Physical presence is evaluated by the amount of time that you have been in the US.
- Most individuals that apply for naturalization have resided in the US for a period of almost 30 months.
- Individuals that have served in active duty in military service during a time where there was conflict do not have any physical presence requirements to abide by.
- People who have served in the military for a period of at least one year and have been discharged within the past six months also have no physical presence requirements.
- It is a requirement for a spouse of a United States citizen to have spent at least 18 months living in the US.
State Residency Requirements
This will be determined by the time that you have been living in a particular jurisdiction or state.
- Individuals that are not subject to a physical presence requirement are as well not subject to a state residency requirement.
- For most applicants the requirement sis for them to have lived in their current jurisdiction for a period of at least 3 months.
The 8-Step Naturalization Process
Before you get started with the application process for citizenship by naturalization it is important for you to ensure that you meet all the eligibility requirements. After that you should try and find out if you qualify for any accommodation or exceptions.
There are normally naturalizations steps that a non-US citizen can take to become a Citizen of the US.
Determining If They are Already US Citizens
You do not need to do anything if you come to the conclusion that you are already a US citizen. However, if you were not born in the United states or both you did not acquire citizenship from both or one of your parents at birth then you need to move on to the next step.
Determine If you are Eligible to Be a Citizen of the US
Look at the eligibility requirements and see if you qualify to apply for naturalization. Hiring an NYC lawyer who understands the process will help you have better insight on whether you can apply for naturalization.
Preparation of the form N-400 Application for Naturalization
Fill the N-400 naturalization application and finalize it. There are documents that you will need to obtain while filling out this form. The documents should show that you are eligible to fill out for naturalization. If residing outside the US the applicant for naturalization must take two passport photos
Submitting the N-400 Form and Paying the Application filing Fee
After you are all finished with your N-400 naturalization form you will need to make a filing fees payment either online or by mail. How much you will pay will vary. Even so, you can get an idea of the payment you will make by visiting the fee calculator on the USCIS (United States Citizenship and Immigration Services) website.
After submitting your form you will get a receipt of notice. If you filled out your application online your case status will be visible for you to view online. You will be able to regularly check online and see the update concerning your case.
Go to Your Biometrics Appointment
If you are required to attend the biometrics appointment you will get an appointment notice. The notice that will be sent to you will have the information you need for you to attend the appointment such as the time and date of the appointment, and the location where the appointment will take place.
Attend Your Interview and Complete It
After you have completed the above steps the U.S. citizenship and immigration services will schedule an interview with you so they can meet you. In case you have questions in regards to the interview process an immigration lawyer in NYC can help you out. You will have time enough time interview preparation before the interview occurs. Also, you should carry your appointment notice with you when attending the interview.
Receiving the Decision on Your Form N-400 from USCIS
After you are done with the interview the USCIS they will send you a notice decision via mail or if you applied online you will get the notice online. Through the notice of decision you will be able to know if your application has been granted, denied, or continued.
Notice to Take an Oath of Allegiance
If your N-400 form has been approved you will receive a notice to take the oath of allegiance. If you form N-400 has been approved by the USCIS it is possible for you to participate in the naturalization ceremony within the same day as your interview.
However, if there aren't any naturalization ceremonies available on the same day as your interview you will receive a date, time, and location where the ceremony will take place.
The last steps are taking the oath of allegiance and understanding the US citizenship.
The naturalization process can be tasking and there are complex immigration rules and application requirements to follow that is why hiring a NY Immigration lawyer can help ease the process for you. Call the Law Office of Jason A Dennis a call and talk to an experienced immigration lawyer who cares. Schedule an initial interview and let us help you through your naturalization journey.