Orlando Naturalization Attorneys

Helping You Pave the Road to Citizenship

Becoming a citizen of the United States is a dream for many immigrants. A person to whom the naturalization is granted becomes a citizen of the U.S. and, as such, he/she acquires all privileges of U.S. citizens. However, achieving this dream requires careful planning, and many find their dreams unexpectedly shattered. If you wish to avoid pitfalls and have a smooth naturalization process, NeJame Law’s team has the experience and knowledge you need. Our Orlando naturalization attorneys have protected the rights of immigrants all over the country and can help you reach this milestone with as little inconvenience as possible.

What is Naturalization?

US Naturalization Requirements

You are eligible to file for Naturalization if:

• You are at least 18 years old.
• If you received your green card through marriage to a U.S. Citizen, you have Permanent Residence Status (Green Card) for at least three years and are still married to and living with the same U.S. Citizen. Otherwise, the permanent residency requirement is five years.
• You have been a resident of the state in which the petition was filed for at least three months.
• You have been physically present in the U.S. for at least one-half of the five years (one half of the three years for spouse of a Citizen).
• You have reside continuously within the U.S. while the application for naturalization is being processed.
• You have not been absent for a period more than one year during the period residence (three or five years).
• You are a person of good moral character.
• The applicant must be interviewed by the INS.
• You speak, understand and write basic English. Some exceptions may apply.
• You are willing to serve in the U.S. armed forces or to perform work of national importance under civilian direction when required by law.

SPECIAL NOTE: There are some exceptions to the above rules. It may be possible to obtain waivers or exemptions from the above requirements. Also, often a person may be a U.S. Citizen derivatively based on the citizenship of his or her parent. In such case, the person would not need to apply for naturalization; rather for a certificate of citizenship. Consult an experienced immigration professional about the best route to your citizenship.

Privileges

A person to whom the naturalization is granted becomes a citizen of the U.S. and, as such, he/she acquires all privileges of U.S. Citizens.

Common Naturalization Pitfalls

There are a variety of obstacles people face when attempting to obtain naturalization. If you’re dealing with any of the issues below or one we haven’t listed, don’t hesitate to reach us for legal support.

Another example of something that may show a lack of moral character is the willful failure to register for the Selective Service. Males between the age of 18 and 26 (not including those on temporary immigration status) are required to register for Selective Service. If you did not do so, be sure to consult with an experienced immigration attorney about the exceptions to these requirements. You may be able to establish that you did not willfully fail to register or that the failure to register was over 5 years ago, if you are now 31 years of age or above.

Having said that, the choice of not filing is much more difficult to make nowadays. For example, in states with stricter rules for driver licenses, such as Florida, one may not even be able to renew his or her license if the person does not have citizenship, an unexpired green card, or other proof of status. Thus, if you have strong defenses to any deportation charges, then it would be worth the risk to file your naturalization application.

Unfortunately, however, the U.S. immigration law does not permit dual residency. When applying for naturalization, the applicant must demonstrate that he or she not only has been a U.S. resident for the last 5 years (or 3 years as noted above), but that he or she maintained continuous residency until the time of admission to citizenship.

According to the regulations for naturalization, if the applicant has been absent from the U.S. for 6 months, then there is a legal presumption of abandonment. The applicant may rebut this presumption by showing sufficient ties to the U.S. Moreover, if an applicant has been absent from the U.S. continuously for 1 year, then the applicant has abandoned his or her residency. In such case, the person must reestablish residency by waiting 4 years and 1 day (or 2 years and 1 day, if subject to the 3 year residency requirement) after returning to the U.S., before filing for naturalization.

Note: These rules of abandonment are for naturalization purposes. The general rules of abandonment for maintaining residency are separate and are not discussed here.

Contact our Citizenship Attorneys in Orlando

Immigration laws in the U.S. change continuously and applications are subject to a greater degree of scrutiny every day. Hiring the right immigration attorney to meet your needs is critical and can be crucial to the outcome of your case. Our experienced immigration team strives to provide you with the highest quality of legal services, and we’re proud of our professional reputation and of our high ethical standards.