Immigration and Naturalization Lawyers

Are you ready to make the step from permanent legal resident to citizen? In order to enjoy the full benefits of American citizenship, foreign-born nationals must pass an English test and a test of your knowledge of American government and history.

To learn more about becoming a naturalized citizen, please review the general information below and visit our citizenship and naturalization page. To schedule a free consultation with an experienced immigration lawyer, please contact R. Bracken & Associates, Attorneys at Law.

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Our offices are located in neighborhoods in Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, and throughout Southern California. Evening and weekend appointments are available. Please contact us today to schedule a free initial consultation at an office near you.

Contact R. Bracken & Associates, Attorneys at Law

Citizenship and Naturalization - An Overview

Naturalization is the process by which foreign nationals can become US citizens. Citizenship confers many benefits on those who hold it, from qualifying for government jobs to helping other family members gain entry into the United States. In the last year, more than half a million people became naturalized citizens. If you have questions about completing the naturalization process or need help appealing a denial of citizenship, contact an immigration attorney in your area who can review your case and help you understand the immigration process.

Who is a US Citizen?

US citizenship is held by:

• Those born in the United States
• Those born abroad to two American parents, and one of the parents lived in the US at some point in his or her lifetime
• Those born abroad to one American parent who was a US citizen when the child was born; lived for at least five years in the US prior to the birth; and at least 2 of those 5 years in the US occurred after the parent's 14th birthday
• Those naturalized as US citizens

Advantages and Responsibilities of US Citizenship

Being a US citizen has several advantages over being a permanent resident alien. As a US citizen, you can carry a US passport and are entitled to all protections afforded to traveling citizens by the government. You are eligible for federal employment and can hold elected office (except for the US presidency or vice presidency). You have the right to vote. US citizens cannot be deported. US citizens also have greater rights to petition for legal status of their family members than do permanent residents, including spouses, children, brothers, sisters and parents.

Being a US citizen also carries several responsibilities. All men between 18 and 26 must register for the Selective Service. Naturalized citizens must pledge their allegiance to the United States and take an oath to support and defend the US Constitution and the laws of the country. It is your civic duty to register to vote and to exercise this right in local, state and federal elections.

Requirements for Naturalization

To become a US citizen, you must apply for naturalization with the US Citizenship and Immigration Services (USCIS) office. In order to be eligible for naturalization, there are several requirements that must be met, including:

• Age. You must be at least 18 years old.
• Lawful Permanent Resident. You must have resided in the United States as a lawful permanent resident (LPR) for the last five years. If you are married to a US citizen, the requirement is lowered to three years.
• Continuous Residency. You must have had continuous residence in the US for the last 30 months if single and 18 months if married to a US citizen. Continuous residence means you must have been physically present in the United States during that entire period. The last three months of the required continuous residence period must have been spent in the United States Center for Immigration Services (USCIS) district where you will submit your naturalization application. If you leave the United States for any purpose for six months or more, you can disrupt the time period counted towards your continuous residency requirements.
• Good moral character. To become a nationalized US citizen, you must have good moral character. There are a number of acts that can count against your moral character and delay or prevent altogether your ability to become an American citizen. Any conviction for murder will bar your application. A conviction for an aggravated felony after November 29, 1990 also will bar your application. Other acts may impact negatively on your good moral character, such as failing to pay child support or alimony and drug crimes.
• English and Civics Exams. During your interview with the USCIS, you are required to demonstrate your ability to read, write and speak English as well as your knowledge of US history and government. There are a limited number of waivers to the English and civics requirements for people meeting certain age and residency requirements and those with mental and physical disabilities.
• Attachment to the Constitution. The last requirement for becoming a US citizen is to pledge an allegiance to support and defend the US Constitution and the laws of the country. To meet this requirement, you will be required to take an Oath of the Allegiance in which you will disavow any foreign allegiances, pledge to uphold the Constitution, and serve and defend the country. Some language in the Oath can be changed to accommodate religious beliefs upon application to the USCIS.

Completing the Naturalization Process

When applying for naturalization, it is vitally important to follow all of the directions and provide complete information. Any failure to do so can result in a denial or delay in your application. Currently, it can take up to two years for the naturalization process to be completed. Delays can add months to the process. To complete the application process, you will need to:

• Fill out form N-400 Application for Naturalization completely. Do not leave any information out or include any misstatements or untruthful information. If you lie on the application, you will be denied citizenship on grounds of lacking good moral character.
• Provide two passport photos. The photos must be of your face and you cannot cover your head, unless required by your religion.
• Collect all necessary documents for the application. The types of documents you are required to submit with your naturalization application will vary based on your individual circumstances. For example, if you are married to a US citizen, you will be required to submit documents proving you are married, such as your marriage certificate.
• Photocopy the application for your records. You will want to photocopy the application, photos and any documents you submit with your application. You also should note the date you mailed your application on the copy and keep this information for your records.
• Submit your application to the appropriate USCIS office. You can submit your naturalization application up to 90 days before you meet the requirements for continuous residency.
• Fingerprinting. Once the USCIS has obtained your application, they will send you a notice informing you of the location for fingerprinting. The fingerprints are then submitted to the Federal Bureau of Investigation (FBI), which uses them to run a criminal background check.
• Interview. If the criminal background check comes back satisfactorily from the FBI, then the USCIS will send you a letter notifying you of the date, time and location of your interview. At the interview, you will be asked questions about your application and will take the English and civics exam. After the interview is completed, you will be notified if your application has been granted, denied or continued.
• Oath. At the Oath of Allegiance ceremony, you will declare your allegiance to the United States. Only after the oath has been taken will you become a US citizen and receive your Certificate of Naturalization.

Contact an Immigration Attorney

Successfully completing the naturalization process can be difficult. If you have questions about gaining US citizenship or would like assistance with the naturalization process, contact an attorney in your area today. An experienced immigration lawyer can explain the citizenship requirements and help you complete your naturalization application.

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