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Frequent changes to U.S. immigration law, the variables of working with
government agencies and paperwork, and the fluctuations in USCIS
processing times are important reasons to have competent legal counsel
to assist
you in the naturalization application process.
Catherine L. Haight is admitted to practice law in the state of
California and has been practicing business-related immigration law
since
1989. She and her staff will prepare your naturalization
application
and supporting documents, file the application with the USCIS, follow
through on the status of the case, and prepare you for the
naturalization
interview and test.
Why naturalize now?
If you are a U.S. permanent resident who has thought about applying for
citizenship but just not gotten around to it yet, there are some
excellent reasons to act now. Over the last year, there has been
increasing scrutiny of the immigration documents of non-citizens by
immigration
officials and local, state, and federal police officers. This has
led to the detention of numerous nonimmigrants and immigrants
(permanent
residents) while their backgrounds, criminal records, or any
immigration
violations are checked into.
While most of the rights and privileges of permanent residents are
similar to those of U.S. citizens, there are many rights that are only
available to U.S. citizens. Moreover, rights granted to U.S.
citizens are protected by the U.S. Constitution, which is considered a
higher authority than the law granting rights to permanent
residents. Laws can be changed by Congress with approval of the
President; the U.S. Constitution can only be changed by formal
amendment after a lengthy process involving Congress and each of the 50
state legislatures.
RESIDENCE: Lawful permanent residents (“LPRs”) have the privilege
of residing in the United States permanently, and they are able to work
without restriction. However, an LPR can be barred or expelled
from the United States on any grounds specified by Congress, while a
citizen cannot. Additionally, LPRs must notify USCIS of any and
all changes of address within 10 days of moving. U.S. citizens do
not have such an obligation.
TRAVEL: Freedom of movement and travel are important rights of
citizenship. A U.S. citizen is deemed by the United States to be
free to live abroad for any period of time and for any purpose, unless
he or she performs a specific act of expatriation leading to loss of
citizenship. Generally speaking, an LPR is not limited in his or
her ability to travel outside the United States. However, trips
abroad of more than six months result in higher scrutiny of an LPR by
USCIS at application for readmission to the U.S., with a possible
finding of inadmissibility. Moreover, "green cards" are generally
not accepted as a document for reentry to the U.S. after a trip abroad
of more than one year.
POLITICAL RIGHTS: Voting, jury service, certain federal and state
employment opportunities, and certain federally issued commercial
licenses are only available to U.S. citizens. Additionally, only
citizens can qualify for various political offices such as President,
Vice-President, and members of Congress.
DUAL NATIONALITY: There is no prohibition under U.S. law against
U.S. citizens holding dual nationality. Whether an individual can
hold dual citizenship in both the United States and their home country
is therefore a question under the foreign country's laws.
Examples of countries that permit dual citizenship are Canada and
France. Examples of countries that do NOT permit dual citizenship
are India and Japan.
Qualification and Application Process for U.S.
Naturalization
A lawful permanent resident (“LPR”) is eligible to apply for
naturalization to become a U.S. citizen upon meeting several criteria:
Continuous residence (not
to be confused with physical presence) in the U.S. for at least five
years immediately preceding filing for naturalization. (The time
period is three years if the alien has been "living in marital union”
with a U.S. citizen during the three-year period preceding the
application, and the spouse has been a
U.S. citizen for the duration of the three-year period.)
Residence in
the state in which
the application is filed for at least three months immediately
preceding
the filing of the application.
Physical presence in the
U.S. for an aggregate total of at least one half of the period required
for continuous residence (two and one half years for most LPRs, one and
one half years for the spouses of U.S. citizens). Note that the
LPR must account for every single absence from the U.S., with the exact
starting and termination date for each trip.
Ability to read,
write and speak ordinary English.
Knowledge and
understanding of the fundamentals of U.S. history and the U.S.
government.
Good moral
character and attachment to the principles of the U.S. constitution.
Continuous
residence (not equated with physical presence) in the U.S. from the
date of filing the naturalization application until actual admission to
citizenship.
18 years of age
at the time of filing for naturalization.
While USCIS processing times for any and all applications vary over
time
and by location, naturalization applications are currently taking
approximately 8-12 months. (This timeframe is provided as a
general point of reference, but it may need to be revised if USCIS
processing times change in the future.)
If you are interested in applying now and believe you are qualified,
please click here. We
will be happy to send you our Legal Services Agreement, which includes
the fees and costs for the application, for you to review, sign, and
return to us. We will then send our intake questionnaire for you
to complete.
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Haight Law Group, PLC
6080 Center Drive,
Suite 725
Los Angeles, CA 90045
Phone:
310-910-9880
Fax:
310-910-9890
Email:
info@haightlaw.com |
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