If you are born in the U.S. you are a citizen of the U.S.  If you are born outside the United States, you are still a U.S. Citizen if either of your parents is a U.S. Citizen.  Immigration & Nationality Act Sec. 301(c)-(e), (g)-(h). Furthermore, if you had a green card when you were less than 18, and one of your parents was a U.S. Citizen then you may still be a U.S. Citizen depending on the date you were born and custody of your U.S. Citizen Parent.  For more information contact the Law Offices of Berc & Associates at (310) 356-4677 or check Immigration & Nationality Act Section 320. 

You can file for citizenship through naturalization as long as you have been a green card holder for five years or three years if you acquired your green card through marriage.

TOP TEN NATURALIZATION FAQS:

1. How many days do I have to be physically present?
   
   You have to be physically present as a green card holder 50% of the time, i.e. 2.5 years or 1.5 years (for marriage cases.)
   
   *If you honorably served in time of war or declared hostilities green card status is unnecessary.
   
   
2. Do I have to continuously live in the U.S. prior to the application and until date of admission to citizenship?
   
   Yes.  You must not be absent from the U.S. more than one year.  If you are absent for six months, there is a presumption that you abandoned your residency, which may be overcome by showing U.S. ties, such as employment in the U.S., presence of your immediate family, retention of full access to U.S. home and not obtaining employment abroad.
   
   Certain exceptions apply for the excused absences.  If you work for the government or a U.S. firm which does development of foreign trade and commerce you may still be eligible.
   
   
3. If I have a criminal background, can I still acquire U.S. Citizenship?
   
   Depends.  You must have a good moral character five years prior to the application up until admission for citizenship.
   
   You must not have committed a crime of moral turpitude (one petty offense is OK even if crime of moral turpitude.) 
   
   If you are on probation, you should either terminate your probation or wait for the probation to end in order to be admitted for the naturalization process.
   For example, you file for citizenship and thereafter get convicted of a DUI.  DUI is not a crime of moral turpitude but carries a three year probation term.  You must take care of the probation before you can get the citizenship.
   
   
4. Do I have to write and speak English?
   
   Yes.  You must have an elementary level reading, writing and understanding of the English language.  You will be tested for your knowledge of the fundamentals of the history and government of the U.S. as well.  For sample citizenship questions please visit http://www.uscis.gov/files/nativedocuments/Flashcard_questions.pdf
   
   You need not write or speak English if:
   
   
1. You are over 50 and lived in the U.S. for 20 years as a green card holder; or
2. You are over 55 and lived in the U.S. for 15 years as a green card holder; or
3. You are physically or developmentally disabled or have a mental impairment.
   


5. What are the filing fees?
   
   $595.00 for the application and $80.00 for your fingerprints.
   
   
6. What are the advantages of being a U.S. citizen?
   
   You cannot be deported.  You will be eligible for voting.  More importantly, if you are single you can marry your spouse and legalize your immediate family.
   
   
7. How long does the process take?
   
   The complete process, from application date until your oath ceremony should not take more than 6 months contingent upon your submission of proper documents and forms.
   
   
8. Do I forego my birth citizenship if I acquire U.S. Citizenship?
   
   No.  Just let the authorities in your home country know about your application through consulate.  You can be a citizen of your home country and the U.S. as long as your home country recognizes dual citizenship with the United States.  Beware though in the eyes of the United States, you are a U.S. Citizen only.
   
   
9. When can I apply?
   
   Three months prior to accumulation of the 5 or 3 year periods.
   
   
10. Where can I file?
    
    You must be a resident of the state you are filing for at least three months.
    

Contact Us Now for a Free Consultation and Free Office Visit