Guidance From An Experienced Naturalization Lawyer

Naturalization is the path through which U.S. citizenship is reached, and while the benefits of naturalization are substantial, the complexity and difficulty of the process itself are also quite significant. There are quite a few obstacles to overcome along the way to achieving U.S. citizenship, further complicated by the fact that immigration laws are often subject to change. Due to a variety of global circumstances ranging from security to the economy, restrictions on naturalization have been narrowed, making the process all the more difficult to navigate.

The ever-changing and increasingly complex nature of the naturalization process underlines the value of having an experienced naturalization lawyer by your side. In worst-case scenarios, the initiation of naturalization efforts could unintentionally lead to deportation proceedings, so it is essential to explore your options before deciding to file.

What is Naturalization?

Naturalization is the process through which a lawful permanent resident can apply to become a U.S. citizen. The process requires that you meet many qualification requirements. Extensive documentation must also be produced in support of your application.

Once the lawful permanent resident is approved and sworn in through the naturalization process, they become a United States citizen with all the benefits and entitlements that come along with it. It is possible to have the entire process managed on your behalf by working with a naturalization law firm like George & Marzialo, PLLC. Our experienced naturalization lawyer team handles every matter of your case to help ensure you meet your immigration goals.

The naturalization process is managed through U.S. Citizenship and Immigration Services (USCIS), a branch of the United States Department of Homeland Security. The USCIS manages applications for citizenship from lawful permanent residents, and the process can be easier for individuals who were born outside the U.S. to parents who are U.S. citizens to gain citizenship.

Some of the most significant benefits linked to naturalization include taxes, employment, automatic citizenship for minor children, and the impossibility of deportation (unless fraud was involved in the naturalization process).

The benefits that coincide with citizenship can be significant, and given this, the process is carefully governed, and access is restricted only to those persons who meet the requirements and file successful applications.

Determining Eligibility for Naturalization

Persons who are lawful permanent residents are able to apply for citizenship five years after they have gained permanent resident status. The waiting time of five years is reduced to three if the individual is married to a U.S. citizen or is on active duty and completed three or more years of military service.

To determine your eligibility for naturalization, it is required that the broad basic requirements be met, including:

Fulfilling the relevant minimum period of time as a permanent resident, which is generally five years, although can be lower in some situations
Proving that you upheld “good moral character” during your time of permanent residency
Having been physically present in the U.S. for at least half of the period as a permanent resident

Additionally, you will be required to complete a practice exam and observe a sample interview to understand what will be expected of you.

The naturalization process generally takes around six months to complete, and those persons wishing to become U.S. citizens must meet the following more specific requirements:

Be aged at least 18 or older
Have held a green card for at least five years prior to the filing date, although the wait time is three years if the applicant was married to a spouse who had been a citizen for over three years and the green card holder has been married to a U.S. citizen for over three years
Have lived in the state or USCIS district with jurisdiction over your place of residence for at least three months before the filing date
Have resided continually in the U.S. from the date of your application for naturalization up to the date of naturalization
Are able to able to read, write, and speak English; and have knowledge of United States history and government
Cannot have committed a wide variety of crimes, including aggravated felonies, controlled substance/drug violations, and a number of other offenses

Quite a few issues can negatively impact your eligibility to naturalize, and the success of your efforts will depend on the accuracy of your application and the unique circumstances of your particular case. A naturalization lawyer from George & Marzialo will carefully review the facts linked to your situation to ensure your application is effectively constructed to support a positive outcome.

Issues That Negatively Impact Eligibility to Naturalize

Even if you meet the requirements for eligibility to naturalize as a U.S. citizen, there are still a number of potential issues that could impact your eligibility:

If you owe back taxes, claimed to be a non-resident on taxes, or made other contradictory statements in official filings, you might not be able to prove the “good moral character” necessary for naturalization.
Being outside of the U.S. for at least a year will reset the physical presence clock, meaning that even if you were present for half of the time as required, an absence of over a year starts the count over.
A failure to support dependents or to maintain fidelity in marriage may lead to an individual being ineligible for naturalization.

You might think that only criminal acts for which there is an official record would weigh against your naturalization efforts, but that is not the case. Non-criminal acts that are considered to be of poor morals by the U.S. government and agents can lead to the USCIS denying your naturalization application. The effective framing of the facts of your case is essential to support the best possible outcome, and your naturalization lawyer can help.

Additional Factors that are Detrimental to Naturalization

Meeting the basic requirements to naturalize may encourage you to begin the process, but it is important to first complete a thorough review of your background and determine any potential factors that could render you ineligible for naturalization. Common factors that impact naturalization in a negative way include:

Prior convictions for misdemeanors or felonies, whether in the U.S. or abroad, (keep in mind that expunged crimes still count in this regard)
Prior arrests
Marriage issues such as cheating/infidelity, spousal abuse, and other concerns
Failure to pay court-ordered alimony
Failure to pay tax obligations
Failure to support dependent children

One of the most serious factors in this list that will impact your naturalization petition is a prior criminal conviction. Initiating naturalization proceedings puts your criminal past under the scrutiny of the government given the total disclosure necessary for naturalization. It is possible that disclosing certain information during this process could lead to unintended deportation proceedings. To ensure that you are protected against such adverse risks, it is important to work with a knowledgeable naturalization lawyer.

How Does Hiring a Naturalization Lawyer Help?

When you are approaching the naturalization process, you might wonder whether or not your application will require the assistance of a naturalization lawyer. While it is possible to process your naturalization, the underlying rules and regulations that drive the process can be complex. Determining whether or not you are eligible requires a thorough analysis of a broad variety of factors, and for a layman, or someone not experienced in determining eligibility, it can be very difficult.

According to USCIS, some individuals choose to seek help from a naturalization lawyer. While many people might offer help with immigration services, only lawyers and Executive Office for Immigration Review (EOIR)-accredited representatives are qualified to do so. The USCIS notes that your Lawyer can provide legal advice about which forms and documents to include with your application, and your immigration options, as well as communicate with USCIS about your case on your behalf. With a naturalization lawyer from George & Marzialo on your case, you will have a skilled professional handling all communications and negotiations on your behalf. This can help with a significant reduction of the stress and burden you would otherwise experience during this process.

Achieving U.S. citizenship through the naturalization process has two primary elements: filing your paperwork and completing your interview. While these two steps might sound relatively straightforward, they are not, and the completeness and accuracy of your paperwork, in addition to the evidence submitted, is essential for the success of your petition.

The interview is likewise extremely important, and you might not know what to expect. The lack of knowledge on what your interview might entail can create quite a bit of stress and nervousness that may not translate well during the interview. The success of your application will largely depend upon whether or not you are eligible, the complexity of your case, and how stressed and anxious you are during the process and interview.

Your Naturalization Lawyer Can Help Determine Eligibility

Through a careful and thorough review of your background and evidence your naturalization lawyer will determine whether or not you are eligible for naturalization. This happens before you proceed down the time-consuming and confusing process of naturalizing. Nothing is more frustrating than investing the time and effort into gathering evidence and completing an application only to learn that you did not ever meet the initial criteria necessary for naturalization.

The immigration Lawyers from George & Marzialo have helped many clients like yourself achieve their naturalization goals by carefully reviewing the evidence and effectively constructing their application to become U.S. citizens.

All Paperwork and Applications Are Completed Fully and Accurately by Your Lawyer

You could be denied naturalization as a result of certain errors or omissions in your paperwork, which could also be construed as fraud or misrepresentation. Fraud and misrepresentation may make a person without immigration benefits inadmissible and could also negatively impact their efforts to achieve naturalization through the upholding of good moral character throughout. A naturalization lawyer ensures that the facts are double-checked, and everything is accurately incorporated into the petition to avoid these types of pitfalls.

Extensive Interview Preparation Opportunities

The interview is an important aspect of your naturalization efforts, and the reception of your interview can affect the outcome. It is understandable that you are nervous, and hope to do your best in the interview to ultimately be approved. The most effective way to overcome any associated nerves and worries about preparedness is the same as with anything one hopes to do well, which is practice. We offer our clients extensive interview preparation opportunities, helping you to know what to expect during the interview, and how to best frame your perspective to benefit the outcome.

While working with a naturalization lawyer from George & Marzialo will strongly support the success of your application, it is important to understand that you also must put in the effort. We require complete information to help you, and we also need you to be receptive to our advice and guidance and apply it during the interview. Our clients are helped through the process to ensure the accuracy and completeness of paperwork and evidence, and they are provided with the tools to achieve success in their interviews.

Get Assistance from An Experienced Naturalization Lawyer

The process of naturalizing may seem intimidating as it can be both demanding and time-consuming. Deciding to work with a naturalization lawyer with extensive naturalization experience from George & Marzialo can assist you in achieving a positive outcome in your naturalization efforts.

Our experienced Lawyers have been where you are, as many are international and came to the United States to practice law. Because of this, we bring personal experience to the service we provide to our clients. Contact our firm so we can provide you with the guidance and assistance you need.