Steps To Become a Naturalized Citizen

Naturalization is the process of becoming a US citizen purely on a voluntary basis when that person is not born in the US. It is by far the easiest way for those, who do not have the birthright citizenship or who cannot acquire it from their parents. For example, if an immigrant from the Philippines wants to become a US citizen, then he/she should use the form N-400 to become a naturalized citizen. Filing this application alone will not make you a US citizen. There are so many ‘must know facts’ before going on to the naturalization process.

How to become a naturalized citizen?

Not everybody who immigrates to the US wants to become its citizen. They are quite content and happy with the privileges offered by the green card, that they do not want to spend money or time on the citizenship application process. At times, the thought of becoming a US citizen fascinates a part of the immigrant community who would cherish the title and a US passport (which is possible only by becoming a US citizen). Many questions pop up on your minds, when you think of the naturalization process. Getting a clear idea of the process is half the job done.

Q: Am I eligible to become a naturalized citizen?

The most basic requirement for this is you should be 18 yrs of age or above. In addition to this, you need to satisfy the following eligibility criteria.

• Establish 5 yrs as a permanent resident of the US, 3 yrs in the case of conditional residents – This is referred to as the ‘continuous residence criteria’
• Accumulate at least 30 months of permanent residence in the US, 18 months in the case of conditional residents – This is the ‘physical presence’ criteria
• Be a resident of the address that you are filling in on the form for 3 months, prior to the submission
• Possess good moral values
• Have sufficient knowledge about the ancient history and the constitution of the country as you will be required to clear a Citizenship test and interview

If your status confirms with all the above mentioned, then you can go ahead with the process of becoming a naturalized citizen.

Q: What if I want to go to my native country for a short visit? Will it break my continuous residence?

When you undertake trips out of the US that are less than six months, you do not have to worry about it becoming an issue. But if they are between 6-12 months, then your continuous residence will be deemed to be broken unless you can prove otherwise to the USCIS (it is really difficult!). So it is better to cut short your trips if you so badly want to become a naturalized citizen without any problems.

Q: What if I conceal information about my criminal history or charges that were filed on me on the application?

USCIS is not happy with untruthful applicants who try to conceal their shady past and act like a good person. What you should know is that how much ever clever you may be in concealing these facts, the FBI will dig out everything during their routine name check (part of the naturalization process).

These are some of the most common queries that may trouble you during the process of becoming a naturalized citizen.

What next after filing in N-400?

Once you are clear with all those that are troubling your mind, proceed with the submission of the application (N-400). This should be accompanied by 2 passport size photographs, documents for proof and the filing fee. When the application is approved by the USCIS, you will be asked to appear for a biometrics test. When this is cleared by the FBI, you will be scheduled the citizenship test and interview. Some may get through this easily and may become a naturalized citizen at the end of it.  But there is the other side of it where you have to wait to receive a date for the oath ceremony so that you can become a naturalized citizen finally. Taking the Oath of allegiance and returning the green card marks the end of the naturalization process.

U.S.Citizenship – What Forms Should I File?

The United States government recognizes three possible ways in which individuals can become U.S. citizens:

• Being born in the United States (Right of Birth)
• Being born outside of the United States to a parent or parents who hold U.S. Citizenship (Right of Blood)
• Meeting the citizenship eligibility requirements set by the government (Naturalization)

Any child born in the United States is automatically granted U.S. citizenship regardless of the nationality of his or her parents, and children born abroad to American citizens automatically acquire citizenship through their parents.

If a person is born abroad to parents who are not U.S. citizens, he or she may obtain U.S. citizenship through a process called naturalization, as long as the eligibility requirements for naturalization are satisfied.

If you have been born abroad, you can either apply for citizenship through naturalization (if you have been born to parents who are not U.S. citizens) or claim citizenship through your parents (if you have been born to parents who are U.S. citizens). Both methods require you to submit the appropriate form with United States Citizenship and Immigration Services (USCIS).

Applying for Citizenship by Filing a Form N400 (born abroad, to non-U.S. parents):

Individuals who have been born abroad to parents who are not U.S. citizens may obtain U.S. citizenship through naturalization by filing an application for naturalization form N400. You may use this form if you meet the following eligibility requirements:

• You are at least 18 years of age, with a physical presence in the United States.
• You are a permanent resident of the United States who has maintained a continuous U.S. residence for at least five years.

• You have remained within your USCIS district or state for the required amount of time, and you possess good moral character.

If you are married to a U.S. citizen, then you only need to have maintained your U.S. residence for at least three years, but you also must be living with your spouse.

Applying for Citizenship by Filing a Form N600 (born abroad, to U.S. parents):

Individuals who are claiming U.S. citizenship by being born to parents who are U.S. citizens must file the application for certificate of citizenship form N600. You may use this form if you meet the following criteria:

• At least one of your parents is a U.S. citizen, whether by birth or by naturalization.
• Your parent, who is a U.S. citizen, must have physically resided in the United States for a minimum of five years.
• You were born to a U.S. citizen parent outside of the United States, and you have fulfilled the requirements for becoming a U.S. citizen prior to your 18th birthday.

If you are disabled, an immediate relative or legal guardian may file Form N600 for you.

In the case of minor adopted or biological children under 18 years of age qualifying for citizenship under section 320 of the Immigration and Nationality Act (INA), the application must be filed by the U.S. citizen parent or legal guardian with legal and physical custody.

Form I-130 USCIS Filing Location Changes

On 12.29.11, In Immigration Direct Blog, By Immigration Direct

U.S. Citizenship and Immigration Services (USCIS) announced that there will be a change in the filing location of Form I-130, Petition for Alien Relative from January 1, 2012. Persons filing the stand-alone form I-130 should mail their applications to either the Chicago or Phoenix Lockbox facility depending on their place of residence in the U.S.

USCIS will update the details of the states and corresponding filing addresses on their website on January 1, 2012. People filing Form I-130 on or after that date are requested to mail their applications to the appropriate Lockbox in order to avoid delays in processing. Applicants who have any doubts or questions may contact USCIS’ Customer Service Center.

There is no change in the filing location for persons who are filing Form I-130 along with Form I-485, Application to Register Permanent Residence or Adjust Status. Such applicants should continue sending their applications to the Chicago Lockbox facility.

Persons filing the petition from abroad may continue to send their applications to the Chicago Lockbox address if they are filing from a country which does not have a USCIS office. Persons filing from countries that have a USCIS office may file their petitions at the USCIS office having jurisdiction over their country of residence or may mail them to the Chicago Lockbox.

Only till the end of 2011 petitioners can send their applications to the Chicago address. Their petitions will be forwarded to and adjudicated at the appropriate USCIS Service Center.

USCIS Electronic Immigration System (ELIS)

USCIS is coming up with a new system to transform their paper-based system into an electronic one. They are in the testing stage of what they call, “a simplified, Web-based system that will allow customers to submit and track their applications online and enhance USCIS’ ability to process cases with greater accuracy, security and timeliness.”
The USCIS will bring about this transformation in stages, releasing periodically various immigration forms or adding functionality to what already exists. The first release will be immigration form I-539, Application to Extend/Change Nonimmigrant Status. There has been a delay in the release of this form in the electronic version and USCIS has announced that it will keep the public informed about the new schedules. They intend to do more testing on this form to ensure the a quality release. Once the I-539 is released, it will be the platform for the development of other benefits in this system.
USCIS has posted a video on their website which demonstrates how a customer can set up an account online, and use this new feature to submit the Form I-539 online. This video demonstrates the key features. It is to be noted that this is not the final version and that USCIS may come out with a different system than shown on the video depending on the feedback they receive

Travel Document Form I 131 Updated by USCIS

Form I-131, Application for Travel Document is an immigration form used to apply to the USCIS for one of the following:

1. Re-entry Permit – this allows a green card holder or a conditional green card holder to enter the U.S. from abroad without having to produce a returning resident visa. The validity of this permit is stamped on the permit and may not be used for seeking admission into the U.S. on its expiry.
2. Refugee Travel Document – is issued to a refugee or an asylee and allows them to re-enter the U.S. after a temporary stay abroad.
3. Advance Parole Document – is used to authorize a person to be temporarily be paroled into the U.S. This document may be considered by transport organizations in lieu of a visa, but not in lieu of a passport.

Form I-131 Updated

USCIS has recently updated the form I-131, Application for Travel Document. The current edition is dated 11/05/11. However, USCIS mentions on its website that editions dated 11/23/10; 02/12/10; 07/14/09; 03/24/09; 10/30/08; 05/27/08; 02/26/08 are also accepted.

Please ensure you are using the right form when you are filing for any immigration benefit.

What is the USCIS?

The Unites States of America is often described as a “Melting Pot”. People from all over the world immigrate here in search of a better life for themselves and/or their families. Others come here seeking an advanced education at our colleges and universities. The U.S. Citizenship and Immigration Services (USCIS) is the federal agency assigned in overseeing the lawful immigration of foreign nationals who are temporarily or permanently settling in the United States and is responsible for granting or denying immigration benefits to those individuals. But besides legal entry, the USCIS also tackles those that illegally enter the United States, making sure that those individuals do not receive benefits, such as social security or unemployment benefits, and investigating, detaining, and deporting those illegally living in the United States.

The U.S. Citizenship and Immigration Services (USCIS) was established on March 1, 2003 and is under purview of the Department of Homeland Security (DHS). Before that date, the Immigration and Naturalization Service (INS) was responsible for all things related with immigration, including administrative and investigative functions. After the events of September 11, 2001, the U.S. Congress passed into law the Homeland Security Act of 2002, which led to the dismantling of the INS into three agencies within the DHS to enhance national security and improve efficiency: the US Citizenship and Immigration Service (USCIS), which is responsible for immigration service functions, such as those listed below; and the Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) bureaus, which handle immigration enforcement and border security functions. The USCIS was briefly named the US Bureau of Citizenship and Immigration Services (BCIS), before becoming USCIS.

Unlike most other federal agencies, the majority of the USCIS’ budget (99%) comes from fees the USCIS collects from processing millions of immigration benefit applications and petitions annually.

Some of the services provided by the the U.S. Citizenship and Immigration Services (USCIS) are:

* Citizenship (Includes the Related Naturalization Process): Individuals who wish to become US citizens through naturalization submit their applications, such as the Form N-400, to the US Citizenship and Immigration Service. The USCIS determines eligibility, processes the applications and, if approved, schedules the applicant for a ceremony to take the Oath of Allegiance. The USCIS can help in determining the eligibility and provide documentation of U.S. citizenship for people who acquired U.S. citizenship through their parents by using Form N-600.

* Immigration of Family Members: USCIS also manages the process that allows current permanent residents and US citizens to bring close relatives to live and work in the United States by submitting forms such as the Form I-130.

* Working in the US: USCIS manages the process that allows individuals from other countries to come and work in the United States. Some of the opportunities are temporary, and some provide a path to a green card (permanent residence).

* Verifying an Individual’s Legal Right to Work in the United States: USCIS manages the system that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

* Humanitarian Programs for Asylees and Refugees: USCIS administers humanitarian programs that provide protection to individuals inside and outside the United States who are displaced by war, famine and civil and political unrest, and those who are forced to flee their countries to escape the risk of death and torture at the hands of persecutors.

* Adoptions: USCIS manages the first steps in the process for US citizens to adopt children from other countries.

* Civic Integration: USCIS promotes instruction and training on citizenship rights and responsibilities and provide immigrants with the information and tools necessary to successfully integrate into American civic culture.

Travel Document Form I 131 Updated by USCIS

Form I-131, Application for Travel Document is an immigration form used to apply to the USCIS for one of the following:

1. Re-entry Permit – this allows a green card holder or a conditional green card holder to enter the U.S. from abroad without having to produce a returning resident visa. The validity of this permit is stamped on the permit and may not be used for seeking admission into the U.S. on its expiry.
2. Refugee Travel Document – is issued to a refugee or an asylee and allows them to re-enter the U.S. after a temporary stay abroad.
3. Advance Parole Document – is used to authorize a person to be temporarily be paroled into the U.S. This document may be considered by transport organizations in lieu of a visa, but not in lieu of a passport.

Form I-131 Updated

USCIS has recently updated the form I-131, Application for Travel Document. The current edition is dated 11/05/11. However, USCIS mentions on its website that editions dated 11/23/10; 02/12/10; 07/14/09; 03/24/09; 10/30/08; 05/27/08; 02/26/08 are also accepted.

Please ensure you are using the right form when you are filing for any immigration benefit.