Immigration attorney, Christopher Garner helps people become U.S. Citizens. Individuals in the Pryor, Claremore, Wagoner, Vinita, Grove, or Tahlequah area who already have lawful permanent residence can apply for U.S. Citizenship through a process called naturalization. There are several factors that must be met to be eligible to naturalize. Christopher can evaluate your immigration and criminal history to determine your eligibility and help you prepare a strong application for naturalization as well as prepare you for your interview. It is important to work with an immigration attorney when considering naturalization as filing for naturalization with a negative immigration or criminal history could not only lead to a denial of your application but could potentially jeopardize your lawful permanent resident status.
Relevant Naturalization Links:
How Can I Become a Citizen?
For many immigrants, the final step in the quest for the American Dream is to become an American citizen.
Benefits of Being a United States Citizen
Citizens have the right to vote, thus help to strengthen our democracy and lobby for their interests. Citizens can obtain a United States Passport, making travel much easier as many countries do not require visas for United States citizens. Citizens can never be deported nor have any need to deal with the bureaucracy of the USCIS. Citizens can sponsor their foreign spouses, children and parents for lawful permanent residency without having to wait for a visa to become available.
United States Citizens Have Responsibilities
Citizens have the right to vote, thus help to strengthen our democracy and lobby for their interests. Citizens can obtain a United States Passport, making travel much easier as many countries do not require visas for United States citizens. Citizens can never be deported nor have any need to deal with the bureaucracy of the USCIS. Citizens can sponsor their foreign spouses, children and parents for lawful permanent residency without having to wait for a visa to become available.
Becoming a United States Citizen
Individuals born in the United States and certain individuals born to or adopted by U.S. citizens outside of the United States become American citizens automatically. Immigrants to the U.S. have the opportunity to apply for citizenship through a process called Naturalization (USCIS Form N-400). United States citizenship does not prohibit dual citizenship. One can be both a citizen of Canada and a citizen of the United States. Only under very extreme circumstances can an individual be stripped of his or her citizenship.
Who Can Naturalize?
Occasionally, I get calls from individuals who ask about applying for citizenship before they are even eligible. Generally, only individuals who have been a lawful permanent resident for 5 years can apply to naturalize. However, if you received your lawful permanent residence because you are married to a U.S. citizen, then you will be eligible to apply to naturalize after only 3 years. You must also have been physically present in the United States for those years, have good moral character and know basic English and U.S. Civics ( there are some exceptions to the English language and civics knowledge requirement for the elderly and disabled).
While physical presence and good moral character sound like simple requirements, they often become problematic. Frequent or long trips abroad may affect your eligibility. Petty crimes or certain character traits may also affect your eligibility. Even if you meet these requirements, however, you may still not be eligible to naturalize if you have ever committed a crime, even if you weren't convicted. It is important to consult with a licensed immigration attorney to find out whether or not you are eligible to naturalize as the simple act of applying for citizenship when one is not eligible may lead to deportation proceedings if it is found that conditions of your permanent resident status has been violated.
If you are interested in becoming a United States citizen, you may schedule a consultation with Christopher Garner by clicking on the make an appointment link.
NATURALIZATION FEE WAIVERS
Naturalization is the process of becoming a U.S. Citizen for those who are not born in the U.S. or who did not derive U.S. Citizenship through their parents. Generally, in order to be eligible to naturalize one must be a lawful permanent resident, over the age of 18, have had their lawful permanent resident status for 5 or more years (3yrs if married to a U.S. Citizen for 3 years) and be of good moral character. The process includes, filing an application, showing up to give your biometrics (fingerprints) and an interview. At the interview there will be an English test and a civics test. None of this will happen however, if you cannot pay the$680 fee or obtain a fee waiver. USCIS understands that not everyone can afford to pay the immigration fees and have provided a way for some to obtain a waiver of the fee. If your fee is "waived" your application will be accepted without payment.
In the past, there were no official forms to obtain a fee waiver, however one could request a fee waiver in writing if they provided enough information. Now, USCIS has provided an official form. I-912 Request for a Fee Waiver provides a simple way to show the U.S. government that you cannot afford the $680 dollar naturalization fee. In order to be eligible for the fee waiver an applicant or relevant family member must receive a means-tested government benefit or have a financial hardship or have an income of less than 150% of the poverty guidelines for their household size. The poverty guideline for 2012 can be found on my website. You may be eligible for the fee waiver if you meet one, two or all three of those options.
If you are receiving some sort of government means-tested welfare, contact your state agency to provide you with a letter stating so and you may include that as evidence. If you are receiving a means-tested benefit and you have provided sufficient evidence with your fee waiver request, your fee waiver will normally be approved, and no further information is required.
If your household income at or below 150% of the Federal Poverty Guidelines you will likely be eligible for the waiver but you must prove it by providing a copy of your tax return, pay stubs or other proof of income.
If you are having a financial hardship, there is a space on the form to document the reasons and to list how much money you bring in and how much is spent on rent, food and utilities and other general expenses. You can document your household income and expenses by providing a copy of your tax return or by including copies of bills and pay stubs.
You will need to send the I-912 Request for Fee Waiver with your N-400 Naturalization application and write Fee Waiver Request on top of your N-400 so that they know not to expect a check.
If you have any arrest or conviction or evidence of bad moral character, you should not apply for U.S. Citizenship without first speaking to an immigration attorney.
Please note, the I-912 Request for Fee Waiver form can be used to request waivers the fees of other applications as well such as the I-90 Green card Renewal and I-485 Application for Adjustment of Status for Asylees.
If you have already applied for U.S. Citizenship, its time to study for the test! Click here to read the test questions and answers. For reasons why you should apply for U.S. Citizenship, read my previous blog post.
CITIZENSHIP TEST QUESTIONS
If you are about to file or have already filed your application for U.S. Citizenship, it is important that you begin studying for the test. Fortunately, USCIS gives you all the answers beforehand! Below you will find every question that USCIS asks as provided by the USCIS website. At your interview, the officer will only ask you 10 questions from the list below. You will need to get 6 right to pass.