NATURALIZATION & CITIZENSHIP
helps Lawful Permanent Residents with their
Shorstein, Lasnetski, & Gihon helps lawful permanent residents become U.S. Citizens. If you are a lawful permanent resident interested in filing an application for naturalization, give us a call and schedule a consultation so we can discuss the process, screen your case for any potential problems, and answer your questions.
You may be eligible to become a United States Citizen if you:
- are 18 years old or older at the time of filing the Form N-400, Application for Naturalization,
- have been a Lawful Permanent Resident for 5 years (or 3 years if are the spouse of a United States Citizen married to and living with your U.S. citizen spouse),
- have continuously resided in the United States for 5 years (or 3 years if are the spouse of a United States Citizen married to and living with your U.S. citizen spouse),
- have been physically present in the United States for 30 months (18 months if are the spouse of a United States Citizen married to and living with your U.S. citizen spouse),
- have lived in the USCIS district for 3 months,
- can establish "good moral character for 5 years (or 3 years if are the spouse of a United States Citizen married to and living with your U.S. citizen spouse),
- can pass an English reading and writing exam,
- can pass a civics exam, and
- can demonstrate basic English proficiency.
If you are a Lawful Permanent Resident with a criminal conviction, it is extremely important to consult with an experienced immigration lawyer for several reasons. Some criminal convictions will result in a denial of your application. Some convictions will make it likely that your application will be denied. Some convictions may make you deportable and filing an application to naturalize could result in USCIS issuing you a Notice to Appear and placing you in deportation proceedings.
Good Moral Character is defined in the Immigration and Nationality Act under section 101(f). Some factors that affect good moral character are filing and paying taxes, paying child support, registering for selective service, employment, ties to the United States, and more. Typically, if you do not have a criminal offense or any other negative factor, you will be able to establish good moral character.
- Prostitution and commercialized vice
- Alien smuggling
- A crime involving moral turpitude
- Drug Offense (except one single possession of less than 30 grams of marijuana)
- Multiple crimes with a total sentence of 5 years or more
- Two or more gambling offenses
- False testimony to obtain an immigration benefit
- Offense where sentenced to 180 days in jail or more
You will need to study a list of 100 words for the English part of the naturalization exam. A USCIS adjudicator will ask you to read a sentence made up of some of those 100 words. Then, the adjudicator will ask you to write one sentence made up from a list of 100 words that you have studied. They cannot ask you to read or write any English words that were not listed on the study materials that are provided by USCIS.
If your Application for Naturalization is denied, you can file an I-290B, Notice of Appeal or Motion. You would be scheduled for another interview before a different USCIS adjudicator who would review your application with fresh eyes. You do have to pay an additional filing fee to submit the I-290B.
If you have already filed your application for naturalization and USCIS has not scheduled you for an interview or you have already had an interview and they have not approved or denied your application within 120 days, you may have to file a lawsuit against USCIS in federal court. USCIS has routinely refused to decide on certain cases. These people are simply left in the dark with naturalization applications that remain pending well after the normal processing time. In many of those cases, the person has opted to file a federal lawsuit against USCIS. Most of those cases result in USCIS finally making a decision on the Naturalization application. So, if you have a naturalization application that has been pending for longer than USCIS' normal processing time, you should consult with an attorney who has filed a Mandamus action in federal court requesting a federal judge to order USCIS to make a decision.
If you would like to become a United States Citizen, call Shorstein, Lasnetski & Gihon.
to help you become a United States Citizen: