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Connecting Borders, Building Futures:
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Compassionate Representation
Naturalization and Citizenship Attorney
At CB Immigration Law, we understand your trust in our firm is paramount, and we are dedicated to providing unwavering support throughout your immigration journey. We recognize the intricate nature of immigration laws and the challenges they pose. The immigration process can be complex, challenging, and cumbersome. Our experienced team is here to navigate you through the complexities of the immigration process with expertise and dedication, ensuring your peace of mind every step of the way.
Not in Tennessee ? No problem. At CB Immigration Law, we offer nationwide services, providing access to experienced immigration professionals no matter where you are. Our team is committed to developing personalized case strategies that prioritize your success.
NATURALIZATION
- AND -
CITIZENSHIP
What is Naturalization?
Naturalization is the process by which a foreign citizen becomes a citizen of another country, typically through legal means. In the context of the United States, naturalization refers to the process by which eligible immigrants become U.S. citizens.
Is Naturalization and Citizenship the Same?
While "naturalization" and "citizenship" are related concepts, they are not exactly the same. Naturalization is the process by which someone becomes a citizen, while citizenship is the legal status of being a member of a country.
"Naturalization" refers to the process by which a non-citizen becomes a citizen of a country. It involves meeting certain eligibility criteria, such as being a lawful permanent resident (green card holder), demonstrating knowledge of the country's language, history, and government, and taking an oath of allegiance.
On the other hand, "citizenship" refers to the legal status of being a member of a particular country and enjoying the rights and privileges afforded to citizens of that country. Citizenship can be acquired through birth (birthright citizenship) or through the process of naturalization for those who were not born in the country or did not acquire citizenship at birth.
What are the Benefits of USA Citizenship?
Obtaining U.S. citizenship (naturalization) offers several benefits beyond lawful permanent resident (LPR) status (having a green card). Overall, U.S. citizenship offers individuals a sense of belonging, full participation in civic life, and a range of rights and privileges that are not available to lawful permanent residents.
Here are some of the key advantages:
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Right to Vote:
U.S. citizens have the right to vote in federal elections, as well as in many state and local elections. This allows citizens to participate fully in the democratic process and have a voice in shaping government policies and leadership.
Travel Benefits:
While green card holders can travel freely within the United States, U.S. citizens have additional travel benefits. They can travel internationally with a U.S. passport, which often facilitates entry into other countries and provides protection and assistance from U.S. embassies and consulates abroad.
Protection from Deportation:
Green card holders are subject to deportation if they violate certain immigration laws or commit certain crimes. U.S. citizens, on the other hand, generally cannot be deported, except in rare cases involving fraud or other exceptional circumstances.
Eligibility for Federal Jobs:
Many federal government jobs require U.S. citizenship as a condition of employment. By becoming a citizen, individuals can access a wider range of job opportunities in fields such as law enforcement, the military, and government agencies.
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Access to Certain Benefits and Programs: Some federal and state benefits and programs are available only to U.S. citizens. These may include eligibility for certain government assistance programs, federal grants and scholarships, and benefits for veterans and their families.
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Sponsoring Family Members:
U.S. citizens have broader immigration sponsorship options than green card holders. They can petition for a wider range of family members to immigrate to the United States, including parents, siblings, and married children.
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Citizenship for Children:
Children born to U.S. citizens are automatically granted U.S. citizenship at birth, regardless of where they are born. This provides security and stability for families and ensures that children have access to the benefits of citizenship from birth.
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No Renewal or Conditions:
Unlike green cards, which typically require renewal every 10 years and may be subject to conditions, U.S. citizenship is permanent and does not expire. Once obtained, citizenship cannot be revoked except in rare cases involving fraud or other exceptional circumstances.
Do All Visa Categories Eventually Lead to Naturalization Eligibility?
In the United States, not all visa categories lead to eligibility for naturalization. Generally, individuals must first become lawful permanent residents (LPRs), commonly known as green card holders, before they can apply for naturalization. However, some visa categories can eventually lead to LPR status and, subsequently, eligibility for naturalization.
Here are some common visa categories that may eventually lead to naturalization:
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Family-Based Immigration (Immediate Relatives and Family Preference Categories):
Spouses, parents, and unmarried children under 21 of U.S. citizens fall under the immediate relative category, which often leads to LPR status. Family preference categories, including unmarried sons and daughters of U.S. citizens, married sons and daughters of U.S. citizens, and siblings of U.S. citizens, may also eventually lead to LPR status.
Employment-Based Immigration:
Some employment-based immigrant visas lead to LPR status, such as EB-1 (priority workers), EB-2 (professionals with advanced degrees or exceptional ability), and EB-3 (skilled workers, professionals, and other workers).
Diversity Visa Lottery:
The Diversity Immigrant Visa Program, also known as the green card lottery, offers visas to individuals from countries with low rates of immigration to the United States. Winners of the lottery are eligible to apply for LPR status and eventually for naturalization.
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Refugee or Asylee Status:
Individuals who are granted refugee status or asylum in the United States may apply for LPR status after one year and are eligible for naturalization after meeting certain requirements, including maintaining continuous residence and physical presence.
Special Immigrant Categories:
Certain special immigrant categories, such as religious workers, Afghan or Iraqi nationals who have worked for the U.S. government, and certain international broadcasters, may lead to LPR status and eventual naturalization.
Investor Visas:
Some investor visas, such as the EB-5 Immigrant Investor Program, may lead to LPR status if certain investment and job creation requirements are met.
What are the Eligibility Requirements for Naturalization?
To become a naturalized U.S. citizen, an individual generally must meet certain eligibility requirements including, but not limited to the following:
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Legal Permanent Resident Status:
Typically, individuals must first become lawful permanent residents (green card holders) of the United States. This usually involves living in the U.S. for a specified period, often five years (or three years if married to a U.S. citizen), maintaining continuous residence, and meeting other requirements.
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Good Moral Character: Applicants for naturalization must demonstrate that they have good moral character, which generally means avoiding criminal activity and adhering to U.S. laws.
Knowledge of English and Civics:
Applicants must demonstrate an understanding of the English language, including reading, writing, and speaking, as well as knowledge of U.S. history and government (civics). There are exceptions and accommodations for certain individuals, such as older applicants or those with certain disabilities.
Residency and Physical Presence:
Applicants must have been physically present in the United States for a certain period, typically half of the required residency period (i.e., two and a half years for a five-year residency requirement).
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Other Requirements: There may be additional requirements depending on individual circumstances, such as military service or special provisions for spouses of U.S. citizens.
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The Naturalization Process
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Determine Eligibility
Before applying for naturalization, individuals must determine if they meet the eligibility requirements. These requirements include being a lawful permanent resident (green card holder), meeting residency and physical presence requirements, demonstrating good moral character, and meeting other criteria.
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Prepare and Submit Form N-400
Eligible individuals must complete and submit Form N-400, Application for Naturalization, to U.S. Citizenship and Immigration Services (USCIS). The form requires detailed information about the applicant's background, immigration history, and eligibility for naturalization. In addition to the form, evidence of eligibility is required. Common evidence includes proof of continuous residence, proof of physical presence in the United States, tax returns, marriage or termination of marriage documents, name change documents, military records, and certificates/diplomas demonstrating English language proficiency.
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Biometrics Appointment
After submitting the N-400 application, applicants will receive a notice to attend a biometrics appointment. At the appointment, USCIS collects fingerprints, photographs, and signatures for background checks.
Pre-Interview
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Interview Notice
If the biometrics appointment goes smoothly and USCIS accepts the application, applicants will receive a notice for an interview at a USCIS office. The interview is typically scheduled several months after the biometrics appointment.
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Prepare for the Interview
Before the interview, applicants should review their application, study for the civics and English language tests (if applicable), and gather any required documents, such as passports, green cards, and supporting evidence of eligibility.
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Attend the Interview
During the naturalization interview, a USCIS officer reviews the applicant's N-400 application, asks questions about the applicant's background, immigration history, and eligibility for naturalization, and administers the civics and English language tests (if applicable).
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Receive Decision
After the interview, USCIS will either approve, deny, or continue the application. If approved, applicants receive a notice to attend a naturalization oath ceremony. If denied, USCIS will provide reasons for the denial and instructions for appealing the decision if applicable.
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Oath Ceremony
At the naturalization oath ceremony, applicants take the Oath of Allegiance to the United States, renounce allegiance to any foreign country, receive a Certificate of Naturalization, and become U.S. citizens.
Interview and Post-Interview
Update Social Security and USCIS Records
After naturalization, new citizens should update their Social Security records and notify USCIS of any changes in address or personal information.
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Email: info@cbimmigrationlaw.com
Phone: 615.899.2866