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Naturalization Requirements, Eligibility and Common Causes for Concern

2018年8月14日

The United States has specific requirements that must be met in order to apply for naturalization (U.S. 国籍).  一般来说,一个非美国的国家.S. citizen must be a lawful permanent resident (“green card” holder) of the U.S.A. for a period of five years prior to being eligible for naturalization.  如果外国人与美国公民结婚.S. Citizen who is the same citizen who sponsored them for lawful permanent resident status, 然后他们可以申请 citizenship after three years of being a permanent resident.  班.S. Citizens may also be eligible for citizenship as a result of enlistment in the U.S. 军事.  For purposes of this piece, we are not going to address citizenship through military service.

There are additional requirements to citizenship other than simply being a lawful permanent resident for a specific period of time.  An applicant must also actually be physically present in the U.S.A. for 30 months of the five years prior to filing for naturalization (18 months if applying based on marriage to a U.S. 公民).  While travel abroad during the continuous residence time period is permitted, the applicant must not have been absent for more than one year for any travel period and must be able to demonstrate for any absences of between 6 months and one year that he or she maintained residence in the United States.  如果申请人不符合居住要求, then he or she should wait until such time as they have met the residency requirements in the 5 years prior to application.  否则,入籍申请将被拒绝.  在某些情况下, particularly where there are long absences or significant periods of time where the applicant is outside the United States, filing for naturalization might not only result in a denial; it could also result in USCIS moving to terminate permanent resident status.

Another potential problem for naturalization applicants is meeting the "good moral character" requirements for naturalization.  刑事 activity and convictions often prevent applicants from meeting the required good moral character for naturalization.  非联合国成员投票表决.S. 公民也是拒绝入籍的理由, particularly if the applicant voted in the 5 year period prior to applying for citizenship.  Many applicants get into trouble when they are automatically registered to vote by the DMV when applying for a driver’s license.  Being registered to vote in this manner is not in itself a problem as long as the alien does not actually vote.  刑事定罪和活动, 包括与执法部门的“冲突”, 即使指控最终被撤销或驳回, 在申请公民身份时需要特别考虑.  Certain convictions are automatic grounds for denial of naturalization and will very likely result in institution of removal proceedings.  Other convictions within the 5 years statutory lookback period will result in a denial of the application and an instruction to apply again after five years of good moral character.  It is imperative to consult with an immigration attorney prior to filing for naturalization (or filing any application) with USCIS if there has been any criminal arrest, 引用, 或信念, as the potential consequences can extend far beyond a simple denial of the N-400 application. 

最后, I cannot stress strongly enough that you must be honest on any application for immigration benefits, 包括入籍申请.  今年夏天早些时候, USCIS and the Department of 首页。land Security announced that a task force was being implemented to review suspect cases for potential denaturalization if there was fraud or error in the underlying grant of permanent residence that formed the basis for naturalization.  在这个加强移民执法的时期, it is essential to ensure that all paperwork is factually accurate and contains honest answers to the best of the applicant’s ability and knowledge.  I also recommend that you seek advice from immigration counsel prior to filing any application with USCIS.

安妮Lahren 是一个皇冠搏彩APP下载 & 皇冠线上买球平台 attorney focusing her practice on immigration law, civil litigation and family law.

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