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How can I become a U.S. Citizen?

Question: I have been in the United States for many years and would like to become a U.S. Citizen. Can you tell me how someone qualifies?

Answer: You may become a U.S. citizen (1) by birth or (2) through naturalization. Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens. If you were born in the United States, including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands, you are an American citizen at birth. Your birth certificate is proof of your citizenship.

If you were born abroad and both of your parents are U.S. citizens and at least one of your parents lived in the United States at some point in his or her life, then in most cases you are a U.S. citizen.

If you were born abroad and only one of your parents is a U.S. citizen, then in most cases, you are a U.S. citizen if ALL of the following are true: One of your parents was a U.S. citizen when you were born; Your citizen parent lived at least 5 years in the United States before you were born; and at least 2 of these 5 years in the United States were after your citizen parent’s 14th birthday.

If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent’s 14th birthday.

Question: If I have my Green Card, how do I become a naturalized citizen?

Answer: If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the “Application for Naturalization” (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the “Application for a Certificate of Citizenship” (Form N-600) to document their citizenship. Qualified children who reside abroad use the “Application for Citizenship and Issuance of Certificate under Section 322” (Form N-600K) to document their naturalization.

Question: What are the requirements for naturalization?

Answer: Basically, you need to have been a permanent resident for at least five years (unless you became a lawful permanent resident through marriage to a U.S. Citizen which changes the time to 3 years) and need to have been physically present in the U.S. for at least 2 ½ of the previous 5 years with no absence for more than 6 months. You must have good moral character and be able to speak, read and write English.

Question: When does my time as a Permanent Resident begin?

Answer: Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card shows where you can find important information like the date your Permanent Residence began.

Question: If I have been convicted of a crime but my record has been expunged, do I need to write that on my application or tell an USCIS officer?

Answer: Yes. You should always be honest with USCIS about all arrests (even if you were not charged or convicted) and convictions (even if your record was cleared or expunged). Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident.

Thus, you might be a U.S. Citizen without knowing it if one of your parents or both are U.S. Citizens. Alternatively, if you have committed a crime, or ineligible for some reason to Naturalize, USCIS might put you into deportation if you wrongfully apply for Naturalization. Therefore, you should make certain you qualify before you apply.

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Title: My mother became a U.S. Citizen and now I have to wait 5 more years

Question: My mother filed a petition for me some years back. I am from the Philippines. She was a Lawful Permanent Resident at the time. Just last year she became a U.S. Citizen. I was sure that now it would take faster for me to get my Green Card. Unfortunately when I called, they told me that the Philippines, unlike the rest of the world has too much of a backlog on that category, and that it would take about 5 years longer because my mother became a U.S. Citizen. I think that is so unfair. Is there anything I can do?

Answer: Yes. The President of the United States has just signed a bill referred to as the Child Status Protection Act. While a large part of the bill deals exclusively with persons who are going to ‘age-out’ or turn 21 years old, there is a very specific provision in the bill for people in your situation. It is specifically for persons who are the unmarried sons or daughters of a Lawful Permanent Resident parent. Once petitioned, the visa number availability falls under a certain preference category for Lawful Permanent Residents. That parent petitions them and at some later point naturalizes and becomes a U.S. Citizen. This now moves the petition into a different category where the wait for most of the rest of the world (other than the Philippines) is considerably shorter.

Question: What exactly does this bill do?

Answer: It gives you the right to write the Attorney General and tell him that you do not want the preference to automatically change. In other words, for people in your exact situation, you can make an election for the preference to stay exactly the same as if your mother was still a Lawful Permanent Resident

Question: What exactly does that do?

Answer: It means that you do not have to wait another 5 years to get your Green Card. Let’s pretend that your mother is still a Lawful Permanent Resident. If the priority date is current now, you can apply right now for Lawful Permanent Residency without waiting another 5 years. You will be able to be joined with your family years earlier.

Question: It seems as though this law just came out. My mother filed the petition for me many years ago. Can I still take benefit of this new law?

Answer: The answer is yes. The law allows you to take advantage of this law if the petition for your family preference was filed, but a visa has not yet been issued, or you have not yet adjusted your status. Also, the petition for the family preference can be pending as of now either with the Department of State or the Department of Justice. It is a very nice law for people especially from the Philippines. Therefore, anyone who has been waiting years for this petition to become current, only to learn that they must wait many more years after becoming a U.S. Citizen, should take advantage of this law right away. 

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My child is a U.S. Citizen – and I didn’t even know!

Question: We just petitioned our child after not seeing him in our home country for over 2 years. He will be coming to the U.S. as a Lawful Permanent Resident. When can we apply for citizenship for him?

Answer: On October 30, 2000, the Child Citizenship Act of 2000 (CCA) was signed into law. The new law permitted foreign-born children (including adopted children) to acquire citizenship automatically if they meet certain requirements. It became effective on February 27, 2001.

Question: Which Children Automatically Become Citizens Under the CCA?

Answer: Since February 27, 2001, certain foreign-born children of U.S. citizens (including adopted children) residing permanently in the United States acquired citizenship automatically. The term “child” is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements: The child has at least one United States citizen parent (by birth or naturalization); The child is under 18 years of age; The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent; The child has been admitted to the United States as a lawful permanent resident or has been adjusted to this status; An adopted child must also meet the requirements applicable to the particular provision under which they qualified for admission as an adopted child under immigration law. Acquiring citizenship automatically means citizenship is acquired by operation of law, without the need to apply for citizenship.

Question: Must an application be filed with USCIS to establish a child’s citizenship?

Answer: No. If a child qualifies for citizenship under the Child Citizenship Act, the child’s citizenship status is no longer dependent on USCIS approving a naturalization application. The child’s parents may, however, file an application for a certificate of citizenship on the child’s behalf to obtain evidence of citizenship. If a child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law either on the day of admission to the United States or on the day that the last condition for acquiring citizenship is satisfied.

Question: Will Eligible Children Automatically Receive Proof of Citizenship?

Answer: If the child falls under this provision, they will automatically receive a Certificate of Citizenship within 45 days of admission into the U.S. This program eliminates the need for the issuance of a Permanent Resident Card for newly entering children, since these cards are not applicable to U.S. citizens.

In other words, if the child falls under this provision of law, the moment they are admitted as a Lawful Permanent Resident, they are immediately considered to be a U.S. Citizen.

USCIS Revises Guidance on Naturalization Civics Educational Requirement

Effective March 1, 2021, USCIS will revert to administering the 2008 civics test to naturalization applicants. Those who filed for naturalization before December 1, 2020, or who will file on or after March 1, 2021, will take the 2008 version of the test. Naturalization applicants who filed on or after December 1, 2020, and before March 1, 2021, will be given the option to take either the 2020 or the 2008 version. 

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Biden to propose eight-year path to citizenship for illegal immigrants.

President Joe Biden is set to propose an extensive immigration reform bill on day one of his administration, which includes an eight-year path to citizenship for an estimated 11 million people living in the U.S. illegally. The bill would offer one of the quickest pathways to citizenship for undocumented immigrants in recent years: those living in the U.S. illegally as of Jan. 1 would have a five-year path to a green card contingent upon a background check, paying taxes, and other basic requirements. After, eligible immigrants would have a three-year path to naturalization.

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President Biden’s executive order on Citizenship for undocumented individuals

This is not law yet, it it would allow Dreamers (DACA) , TPS holders, farmworkers to fall under this legislation. After 3 years and has certain other requirements.

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Son Born Abroad to Gay Couple Is a U.S. Citizen

The Ninth Circuit ruled against DOS in its quest to deny the U.S. citizenship of one of two twins born abroad to a gay married couple. A three-judge panel unanimously affirmed the district court’s decision concluding that 4-year-old Ethan Dvash-Banks is an American citizen despite being conceived with sperm of an Israeli father and being born in Canada using a surrogate mother. The boy’s other father is a U.S. citizen, and the law does not require a child to show a biological relationship if their parents were married at the time of their birth

More than 400,000 People Barred from Becoming Citizens Due to Coronavirus

Hundreds of thousands of people may be unable to complete the process to become American citizens in time for the November election due to the coronavirus pandemic. USCIS has been shut down since March 18 and is scheduled to remain closed until at least May 3. The agency has not provided a remote option for citizenship interviews or oath ceremonies.

The Trump administration will impose visa restrictions on pregnant women.

 The U.S. is preparing to impose restrictions that will make it more difficult for pregnant women to travel to the U.S. on tourist visas. Though consular officers cannot ask whether a woman is or plans to become pregnant, applicants will be denied if consular officers determine they are traveling to the U.S. primarily to give birth. The restrictions are aimed at restricting “birth tourism” and take effect today, January 24.

A federal judge blocked the rule ending fee exemptions for citizenship applications.

On December 12, a federal judge issued a nationwide injunction on the rule that ended fee exemptions for many poor immigrants seeking citizenship. The previous rule allowed a fee exemption for anyone on government aid or who could show financial hardship (such as medical expenses or unemployment). The blocked rule eliminated fee waivers for government benefits and allowed waivers only to those who could show hardship or who were making no more than 150% of the federal poverty guidelines, meaning that many poor immigrants would have to pay the $725 fee. The main reason for the injunction was that the Trump administration disregarded the law when it did not seek or consider public comment on the new rule.