San Diego Naturalization Lawyer
A person is able to qualify for citizenship through applying for naturalization. Naturalization is the process by which a foreign citizen or national is granted citizenship. He or she must fulfill the requirements established by Congress in the Immigration and Nationality Act (INA).
Requirements of A Spouse & US Citizen
To note: there are different requirements if you are a spouse of a U.S. citizen. Those requirements are listed below. Here are some general requirements you will need to have met, including:
- Be 18 or older at the time of filing.
- You must have been a permanent resident for at least 5 years.
- You must have been a continuous residence in the U.S. (via a green card) for at least 5 years preceding the date of filing the application. This must be immediate preceding, meaning you currently hold a green card.
- You must have been physically present in the U.S. for at least 30 months out of the 5 years immediately preceding the date you file the application.
- You must reside continuously within the U.S. from the date of your application up to the time naturalization is granted.
- You must be able read, write, and speak English as well as have knowledge and an understanding of U.S. history and government. An exception to this can be granted and is based on age, length of time as a permanent resident, or if you have a medical condition that prevents you from knowing these things.
- You must be a person of good moral character as attached to the principles of the U.S. Constitution. You must also be well disposed to the good order and happiness of the U.S. as a national during all relevant periods under the law.
- To note: there are different standards of naturalization if you have served with the U.S. military
Separate requirements if you are seeking naturalization and are a spouse of a U.S. citizen:
- You need to have been a permanent resident of the U.S. for at least 3 years immediately preceding the date of filing for naturalization.
- You need to have continuous U.S. residency as a lawful and permanent resident for at least 3 years immediately preceding the date of filing.
- You need to have been living in marital union with the U.S. citizen spouse during the 3 years immediately preceding the date of filing and up until the examination of the application. During these 3 years, your spouse needs to have been a U.S. citizen.
- You must be physically present in the U.S. for at least 18 months out of the 3 years immediately preceding the date of filing for naturalization.
Employed By the US Government
If you are the spouse of a U.S. citizen that is employed abroad (either by the U.S. government, such as military or other qualifying employers) you might be eligible for naturalization. You will need to be a permanent resident at the time of the examination of the naturalization application, as well as at the time of naturalization. You must meet all of the requirements above, except that:
- No specific period as a permanent residence is required, though your spouse must be a permanent resident.
- No specific period of continuous residence of physical presence in the U.S. is required.
- No specific period of marital union is required, but the spouses must have a valid marriage at the time of the filing of the application and until the time of naturalization.
You will also need to establish that you will depart abroad immediately after being naturalized and that you intend to reside in the U.S. once your spouse is no longer employed abroad.
Hiring the best attorney for your immigration case can prove pivotal in your life, much like a marriage. A licensed lawyer is authorized and qualified to assist you with your immigration case or green card application. Unlike consultants, attorneys have completed extensive education and training before being licensed to represent clients. Just like a life partner, you want an attorney you can trust, communicate with, and relate to. Most importantly, you want an attorney who knows how to successfully proceed with your case so that you achieve the desired outcome. While many legitimate community and religious organizations provide immigration-related services, there are those who advertise as legal “consultants” or “notarios publicos” but are not authorized or qualified to help with immigration law-related matters. You face a big challenge, the power of the United States government. Don’t face it alone. Contact a San Diego Naturalization Lawyer at Superior Immigration Lawyers.