Leading immigration attorney Carl Shusterman recently hosted a chat on our site. Here is the transcript of:

Naturalization: Helpful Hints on Becoming a U.S. Citizen

Jennifer Wipf: Welcome to our chat on US citizenship tips, with leading immigration attorney, Carl Shusterman. Please keep in mind that these questions and answers are of a general nature and should not be construed as legal advice. I will be moderating this chat, coveying your questions to Mr. Shusterman, and his answers back to you.

Jennifer Wipf: Good evening Carl. :)

Carl Shusterman: Hello, how are you?

Jennifer Wipf: Fine, thank you. And we have lots of people waiting with questions. Let's take one now...

Carl Shusterman: Sounds good, Jennifer.

Question #1: I have my green card already. What do I need to do to get citizenship now?

Carl Shusterman: If you have had your green card for at least five years, and meet the requirements for naturalization, you should complete an application for naturalization (form N-400) which you can download for free at:

http://shusterman.com/citzforms.html

and submit the forms to the INS Service Center having jurisdiction over your place of residence. See:

http://shusterman.com/toc-sc.html

and click on either the Western, Nothern, Southern or Eastern INS Regional Service Centers to see what service center has jurisdiction over your state.

Remember to send the INS a check for filing fees, in the amount of $250 together with your application.

Question #2: Is there any likelihood at all that INS will reduce the waiting period for LPRs from 5 years before being eligible for naturalization?

Carl Shusterman: The law provides a few exemptions to the 5 year requirement. For example, if you are married to a citizen for three years, and your US spouse has been a US citizen for at least 3 years, the five year residency period is reduced to three years. See:

http://shusterman.com/toc-usc.html

and click on "Citizenship through Naturalization" Similarly, if you are serving in the US Armed Forces for at least three years, and are a permanent resident, you may immediately apply for naturalization. For a limited number of persons, there is no residency requirement whatsoever. Such persons include persons who have served honorably in the US Armed Forces during a period of hostilities and spouses of US citizens working abroad for the US government or other designated employers, and for children who are petitioned by a parent.

Question #3: How long does it take from time you apply for citizenship to time you actually get it?

Carl Shusterman: That depends on where you live.

For instance, if you live in Houston , you will have to wait two years from the time you apply until you are sworn in. However, if you live in Honolulu , Hawaii , the waiting time is only 180 days. Naturalization waiting time for over 40 INS district offices can be found at:

http://shusterman.com/aos.html

Question #4: What constitutes "continuous residency" for the purpose of
naturalization?

Carl Shusterman: In order for your residence to be continuous for naturalization purposes, your permanent place of abode must remain in the United States . If you leave the United States , for a trip of less than six months, normally your place of abode is not affected. However, if you depart the United States for over six months, but under one year, the law raises a rebuttable presumption that you have abandoned your residence in the United States . Since the presumption is rebuttable, it is up to you to prove to the INS official who inspects you upon your return to the US that that the purpose of your trip was always meant to be temporary.

If you depart the United States , for one year or more, the presumption of abandonment becomes conclusive.

In order to avoid this and establish the presumption that your trip abroad was temporary, you should apply for a Re-entry Permit (Form I-131) before you leave the United States . Possession of a Re-entry Permit allows you to remain outside the United States for up to two years without losing your green card. However, what many people do not realize, is that even the possession of a Re-entry Permit, does not prevent you from breaking your residence for naturalization purposes.

In order to preserve your residence for naturalization purposes, you must submit Form N-470 to the INS if you meet the eligibility requirements. See:

http://shusterman.com/citzforms.html

and click on N-470.

Question #5: I missed my naturalization appointment. How long will it take to get another one?

Carl Shusterman: If you know that you are going to be unable to appear for your naturalization interview, it is best to notify the INS immediately after you receive your appointment letter. I suggest that you send them a certified letter to that effect. In most INS districts, a new appointment will be scheduled within several weeks. If you did not notify INS beforehand, it may be necessary to request a new interview in person. In this case, it may take several months for you to be rescheduled for an interview.

Question #6: I got a traffic ticket for speeding, do I have to tell INS about that in a citizenship interview?

Carl Shusterman: The N-400 application asks whether you have ever been arrested or convicted of a crime, "excluding traffic regulations," so you would not have to reveal a speeding ticket. However, if the offense were more serious, for example, driving under the influence of alcohol, you should not only reveal the arrest, but you should attach a certified copy of the arrest report to your application. It is important to stress, that all "arrests" must be revealed, even if they did not result in criminal convictions, were expunged or otherwise erased from your record.

Failure to reveal an arrest or conviction, no matter how minor, or how long ago the arrest/conviction occurred, may result in your application for naturalization being denied because you gave false testimony.

Question #7: If I was arrested, but not convicted, what are the chances of getting citizenship?

Carl Shusterman: As long as you reveal your arrest, if the arrest did not result in a conviction, then it will have no effect on your eligibility for naturalization.

Question #8: If a child is born in China to one US citizen and one green card holder, does the child have citizenship?

Carl Shusterman:  Children who are born outside the United States where one parent is a citizen and the other is not, must fulfill the requirements of the highly complex laws of derivative citizenship. See:

http://shusterman.com/acquisit.html

Although it is not possible to answer your question without additional information, the analysis for determining whether the child is a citizen at birth is as follows:

1) Determine the applicable law. Congress has changed the laws of derivative citizenship about once every ten years. The child's date of birth determines which law applies.

2) Determine whether one or both of the child's parents were citizens of
the US at the time of birth. If both of the child's parents were US citizens, chances are good that the child acquired US citizenship at birth.

3) However, if only one parent was a US citizen, the citizen parent must comply with certain residence/physical presence requirements.

4) If the child had only one citizen parent, determine whether the parent had sufficient residence or physical presence in the US prior to the child's birth to convey US citizenship on the child.

Question #9: I have heard that you can apply for your citizenship 90 days prior to your 5 years residency. Is that true?

Carl Shusterman: Yes.

Jennifer Wipf:  :)
.
Question #10: Is the move from LPR to citizen fairly straight forward? That is, assuming you are not a criminal and have satisfied the residency requirements etc..., is it all but a formality?

Carl Shusterman: My first job as an attorney with the Immigration Service in the late 1970's was interviewing applicants for naturalization. I can assure you that the process is not merely a formality. For example, if someone immigrated through employment, INS may demand proof that the person continued to work for the employer after receiving permanent residence. Failure to supply such proof may result in INS instituting removal or deportation proceedings against the individual. During the last few years, since the passage of the 1996 immigration law, the process of becoming naturalized has gotten much more difficult. A grandmother in Texas was almost deported to Mexico after living in the United States for over fifty years because she had voted in an election.

Similarly, if INS discovers that you have ever claimed to be a US citizen, to obtain a job or for any other reason, this could not only result in denial of your application for naturalization, but could lead to your deportation.

I am defending a number of individuals from deportation based on information that they either listed, or failed to list, on their application for naturalization because they believed the process was "only a formality."

Question #11: What is required to show 3 months residence in a district to apply for residency there?

Carl Shusterman: If the INS examiner requests proof of residency, you should be prepared to show that you are residing in the area and working in the area. A rental agreement or a deed may be useful, as would be credit card receipts and recent pay stubs.

Jennifer Wipf: It is time for Carl Shusterman to leave for the evening. Feel free to remain here for open chat if you would like to. Carl, thank you very much for coming. Everyone here really appreciates it!

Carl Shusterman: It was a pleasure. Good evening all, and see you at our next chat.
 

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