Naturalization

San Jose Naturalization Attorneys

Begin Your United States Citizenship Application Today

If you are a lawful permanent resident and meet the eligibility requirements, naturalization may be the next meaningful step in your immigration journey. Citizenship is the most stable form of immigration status the U.S. offers, and for many people, it is the goal they have been working toward long before they became a green card holder.

U.S. citizenship carries real and lasting rights: the right to vote, protection from deportation, the ability to petition for family members, and access to federal benefits not available to permanent residents. It also means your status can no longer be affected by changes in immigration law or policy. If you are ready to explore naturalization, Yew Immigration Law Group can help you understand whether you qualify and what the process involves.

How Do You Become a Citizen Under Immigration Law?

You may obtain U.S. citizenship by birth or by naturalization. If you were not born in the U.S. and neither of your parents was a U.S. citizen at your birth abroad, you must go through the naturalization process.

Can San Jose Immigration Lawyers Provide Help to Naturalization Applicants?

What is the naturalization process? It is the process by which a foreign national is granted U.S. citizenship after meeting the requirements outlined in the Immigration and Nationality Act (INA).

To qualify for citizenship, you must fulfill the following requirements for naturalization:

  • Continuous residence requirement: You must have lived in the USA continuously for at least five years as a lawful permanent resident before applying. If you are married to and living with a U.S. citizen, the continuous residence requirement is three years.
  • Physical presence requirement: You must have been physically present in the United States for two and one-half years if you are applying based on the five-year continuous presence and one and one-half years if you are applying based on the three-year continuous presence.
  • Age requirement: You are 18 years old or older.
  • Jurisdiction requirement: You lived within the state or the USCIS district with jurisdiction over your place of residence for at least three months before the date of filing.
  • Good moral character requirement: You can demonstrate you have good moral character, which can be affected by not filing taxes when you should have, having a criminal background, etc.
  • Basic English proficiency requirement: You must be able to read, write, and speak English. You will be tested at your naturalization interview.
  • Knowledge of U.S. history/civics: You must know the history and government of the United States. There will be a citizenship test.
  • Allegiance to the U.S.: You must pledge your allegiance to the United States and accept the principles of the U.S. Constitution. You will be given an oath of allegiance at the final stage of your approval to be a naturalized citizen of the United States.

How Do You Acquire Citizenship at Birth?

If you were born abroad to U.S. citizen parents or a parent, depending on the date of your birth and other U.S. residence and physical presence requirements of your U.S. citizen parent(s), and in some cases, of your U.S. citizen grandparent(s) and/ or your residence in the U.S., you may have acquired U.S. citizenship by birth. The scenarios vary, depending on the date of your birth, since applicable laws change over the years.

It is a whole different analysis if you were born abroad to unmarried parents, and whether the U.S. citizen parent was your mother or your father.

To better understand the complex nature of citizenship by birth and clarify your rights, contact our law offices today for a detailed consultation.

What is Derivative U.S. Citizenship?

Then there is yet another birth-abroad scenario in which U.S. citizenship was not acquired at birth. If certain facts existed before a certain age (18 years in most cases, or 21 in other, earlier cases), you may have derived citizenship through your U.S. citizen parent.

A common scenario involves foreign national parents immigrating to the U.S. with their minor children. One or both parents naturalize to become U.S. citizens. If the child was born on or after February 27, 2001, was in the legal and physical custody of the U.S. parent, and is under 18, the child acquires citizenship upon the U.S. parent’s naturalization.

Discuss your situation with our legal team to get personalized advice about the variables related to your child’s date of birth and eligibility. Contact us now to schedule your consultation.

What Are the Steps of the Naturalization Application Process?

In most cases, individuals seeking U.S. citizenship must follow these steps.

Application

To be considered for naturalization, you must submit an application to U.S. Citizenship and Immigration Services (USCIS). Lawful permanent residents may apply using Form N-400.

You will need to collect the necessary information and documents to verify your eligibility and support your application, which may include the following:

  • Green card: Your permanent resident card is required. It provides both the date you became a permanent resident and your alien registration number.
  • Current and former spouses’ information: If you are currently or have been married in the past, you will need to supply information about your spouse or spouses, including name, birth date, address, date of marriage, country of residence, immigration status, and alien registration (A) number if applicable.
  • Address information: USCIS will need your physical addresses for the past 5 years. If you were married to a U.S. citizen during that time, you will need to provide residence addresses for the past three years.
  • Employment and/or education information: You will need to list your job and or school information for the past five years (or three if married to a U.S. citizen during that time) for a background check. The information submitted must include the time period, location, and organization name.
  • Dates of travel: If you traveled outside the United States during the five years preceding your application, you will need to provide specific dates for each trip lasting 24 hours or more. If you are applying based on marriage to a U.S. citizen, the required time is reduced to 3 years before the application date.
  • Selective Service registration information: All U.S. males between the ages of 18 and 26 must register for the Selective Service under federal law. This applies to nearly all male immigrants and citizens alike. You can access your registration date and number online through the Selective Service. If you failed to register as required, consult an experienced naturalization attorney to determine how this affects your application.
  • Information about your children: If you are or ever have been a parent, you will need to include information about your sons and/or daughters in your application, even if they do not live with you or are deceased. This includes the name, birth date, A number (if applicable), and country of birth of each child.

USCIS requires a filing fee with your application. Our experienced San Jose naturalization attorneys can guide you through the application process and help you gather the required information and documents. Although many applications follow a standard path, some involve unique legal circumstances. We can review your history to identify any factors that might affect your naturalization.

Biometrics Screening

After filing your application, you are required to attend a biometric screening. USCIS will schedule an appointment at your local Application Support Center (ASC). The agency will send you Form I-797C, Notice of Action, which will include the date, time, and location of your appointment. USCIS has the authority to collect biometric information from all applicants. The government will collect your fingerprints, a photograph, and a signature at this appointment.

Interview and Examination

The final major step of the application process is an in-person interview with an immigration officer, who will place you under oath and review your application. You can expect to spend 1 to 2 hours at the USCIS office, including wait time. The officer will ask questions about your background and immigration record, which you must answer truthfully and consistently with the forms you submitted.

The immigration officer will also administer a citizenship examination to assess your ability to speak and understand basic English. You will be asked to read a sentence aloud and write a dictated sentence, both in English. You will also take a civics exam to evaluate your knowledge of United States history and government.

Proper preparation can lead to a successful interview. Our legal team can help you practice your English skills and review the civics questions. Our naturalization attorney can attend the interview with you to provide legal support and observe the proceedings.

What Are the Advantages of Being a U.S. Citizen?

In addition to being able to enjoy all the rights and benefits of being a U.S. citizen, such as voting rights and certain government benefits, you are protected from removal (“deportation”) if you have been convicted of certain otherwise deportable offenses (e.g., aggravated felonies or crimes involving moral turpitude).

You may bring a fiancé(e) from overseas to marry within the United States (the fiancé(e) may then begin the green card process).

Contact Us to Schedule a Consultation and Begin the Attorney-Client Relationship

Naturalization is one of the most significant legal steps a person can take, and the process — while well-defined — involves careful attention to eligibility, documentation, interview preparation, and timing. An experienced San Jose immigration attorney can walk you through each stage and help you anticipate the questions and requirements you will face. If complications arise, there are often options worth exploring before concluding a case cannot move forward.

While our law firm is based in San Jose, we also serve clients in the following localities: San Francisco, Alameda, Cupertino, Hayward, Sunnyvale, Fremont, Berkeley, Oakland, San Mateo County, Santa Clara County, and across Silicon Valley.

If you are considering naturalization, or if you believe you may have acquired or derived citizenship through a parent, contact Yew Immigration Law Group for a consultation at 408-684-6704.