A LEGAL permanent resident may be eligible to file for U.S. citizenship if he or she has lived in the United States for at least five (5) years or three (3) if married to and living with a U.S. citizen. In addition to the residency requirements, the applicant must also show that he or she: (1) is at least 18 years old at the time of filing the Application for Naturalization; (2) has been lawfully admitted to the United States; (3) has demonstrated continuous permanent residence; (4) has demonstrated physical presence; (5) is a person of good moral character; (6) is able to read, write, speak, and understand basic English; (7) has a knowledge of U.S. civics (history and government); and (8) is willing to take the oath of allegiance to the United States.
An applicant may also claim eligibility for three years even if he or she is no longer living with the U.S. citizen spouse if it can be shown that the applicant was battered or abused by the U.S. citizen spouse.
The applicant must complete a Form N400 Application for Naturalization and file the application with the required fee of $680.00 and the supporting documents with the U.S. Citizenship and Immigration Services (USCIS). Once the application is received, the applicant will be scheduled for biometrics and thereafter interviewed by the USCIS regarding his or her application. Once the applicant passes the interview, he or she will then be scheduled for his/her oath taking ceremony.
Simple as it seems, the citizenship application process should not be taken for granted. The USCIS thoroughly reviews every citizenship application that is filed before them. In fact, a number of applicants have been put into removal proceedings after they have filed their citizenship applications. The more common cases that we have encountered involved the following situations:
• Applicant entered the country as an unmarried child of a legal permanent resident or U.S. citizen petitioner. However, the applicant was already married and had children before he entered the United States and the applicant did not disclose that he was already married.
• Applicant was able to obtain legal permanent resident status through marriage. Due to inconsistencies in the applications and statements submitted before the USCIS, the government initiated an investigation and was able to discover that the marriage was not a bona fide relationship.
• Applicant obtained his legal permanent resident status through a petition filed by his employer. During the citizenship interview, it was discovered that the applicant never worked for the sponsoring employer.
Despite being put in to removal proceedings, it is still not the end of the road for these applicants. These applicants may still have a relief before the immigration court to prevent their removal or deportation. Each case would have to be assessed to determine the remedies that are available to them.
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Atty. Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and Vega (CTV), a full service law firm with offices in San Francisco, San Diego and Manila. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; [email protected]. The CTV Attorneys will be at Max’s Restaurant in Vallejo on October 19, 2009 from 5pm to 7pm to hold a FREE legal clinic.
