Applying for U.S. Citizenship
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Applying For U.S. Citizenship
At Abraham Benhayoun Immigration Law Offices, we provide comprehensive assistance to clients seeking U.S. Citizenship through naturalization. Our team understands the significance of this milestone and is dedicated to guiding clients through every step of the process. We offer expert advice on eligibility criteria, including permanent residency requirements and the demonstration of good moral character. Our services encompass preparing and reviewing application materials, ensuring compliance with all legal requirements, and preparing clients for the citizenship interview and test. We pride ourselves on offering personalized support to navigate this complex and meaningful journey, helping clients achieve their dream of becoming U.S. citizens.
The typical eligibility requirements for applying for U.S. Citizenship through naturalization include:
- Age Requirement: The applicant must be at least 18 years old.
- Permanent Resident Status: The individual must be a lawful permanent resident of the United States (Green Card holder). Generally, they must have maintained this status for at least five years. If married to a U.S. citizen, the requirement is typically three years.
- Continuous Residence: The applicant must have lived continuously in the United States for at least five years as a Green Card holder. For spouses of U.S. citizens, this period is three years. This means they have not taken trips abroad lasting six months or longer during this period.
- Physical Presence: The individual must have been physically present in the United States for at least half of the five years (or three years for spouses of U.S. citizens) without long absences.
- Good Moral Character: The applicant must demonstrate good moral character, indicating adherence to the principles of the U.S. Constitution and a favorable disposition toward the United States.
- English Language Proficiency: The individual must be able to read, write, and speak basic English. There are exceptions for older applicants and those with long-term residency.
- Knowledge of U.S. History and Government: The applicant must pass a civics test, demonstrating an understanding of U.S. history and government (civics).
- Attachment to the Constitution: The individual must show an attachment to the principles of the U.S. Constitution and be well-disposed to the good order and happiness of the U.S.
- Oath of Allegiance: The applicant must be willing to take the Oath of Allegiance to the United States, signifying an allegiance to the U.S. and renunciation of previous allegiances.
Note: Special provisions apply to individuals with military service and to certain other categories. These requirements may be subject to exceptions and waivers under specific circumstances.
At Abraham Benhayoun Immigration Law Offices, we understand that applying for U.S. Citizenship through naturalization involves a strategic approach to ensure compliance with legal requirements and to enhance the likelihood of approval. Potential legal strategies include:
- Verifying Eligibility: Carefully assessing the applicant’s eligibility, including residency duration, physical presence, and marital status with a U.S. citizen if applicable.
- Preparing Documentation: Gathering and preparing necessary documentation, including proof of permanent resident status, residence and physical presence, and any required waivers or exceptions.
- Demonstrating Good Moral Character: Collecting evidence to establish good moral character, such as criminal background checks, tax records, and employment history.
- Overcoming Language Barriers: Providing language support for non-English speakers, including preparation for the English language test, or determining eligibility for language exemptions based on age and residency.
- Civics Test Preparation: Assisting with studying for the civics test, including providing educational materials and resources about U.S. history and government.
- Addressing Previous Immigration Violations: Resolving any potential issues related to previous immigration violations or misunderstandings that could affect eligibility.
- Handling Special Cases: Advising on special circumstances, such as time spent abroad, military service, or disability waivers for the English and civics requirements.
- Filing the N-400 Application: Assisting with accurately completing and submitting the Form N-400, Application for Naturalization.
- Preparation for the Interview: Coaching applicants for the naturalization interview, including conducting mock interviews and advising on how to respond to questions.
- Responding to Requests for Evidence (RFE): Effectively addressing any RFEs from USCIS requesting additional information or clarification.
- Legal Representation: Providing legal representation, if needed, during the naturalization interview.
- Dealing with Delays and Appeals: Navigating any delays in processing and, if necessary, handling appeals or motions in case of denial.
Note: Each case is unique, and strategies can vary based on individual circumstances, including the applicant’s background, residency status, and other specific factors.
Our expertise in U.S. Citizenship applications is grounded in a deep understanding of these federal statutes and regulations. We provide tailored legal guidance to our clients, recognizing that each case’s application of these laws can vary based on individual circumstances and ongoing changes in immigration policies.
- INA Section 316: Covers general naturalization requirements, including continuous residence, physical presence, and good moral character.
- INA Section 319: Pertains to naturalization for spouses of U.S. citizens, including reduced residency requirements.
- Title 8, Code of Federal Regulations (8 CFR) Part 316: Provides detailed regulations implementing the naturalization provisions of the INA, such as good moral character and residency requirements.
- 8 CFR Part 319: Details regulations specific to naturalization for spouses of U.S. citizens.
Note: It is important to note that the application and interpretation of these laws may vary on a case-by-case basis and are subject to changes in immigration laws and consulate-specific policies.
Testimonials
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As a multi-jurisdictional lawyer, Abraham has a deep understanding of estate planning, international tax, and corporate issues that visa applicants often deal with. This allows Abraham to give his clients a well-rounded service almost no other immigration attorney at his level can offer.
Case Studies
Client Background Our client, a distinguished professional in the music field originally from South America, had already secured an O-1 visa, successfully renewing it once.
Client Background Our client, a leading restaurant group in South Florida, approached us for assistance with their labor certification process prior to the COVID-19 pandemic.
Client Background Our client, the father of a U.S. citizen, embarked on the journey towards obtaining a green card. However, the case presented unique challenges
