Expedited naturalization is available to [...]]]>

319(b) Naturalization Overview:

Expedited Naturalization is available to certain spouses of U.S. citizens who are working outside of the United States.  INA 319(b) allows for qualifying permanent residents to immediately gain citizenship by taking the oath of naturalization while in the United States.

Who Qualifies for 319 (b) Naturalization?

Expedited naturalization is available to spouses of U.S. citizens who work overseas, expect to continue working overseas for at least the next year, and are working as:

• An employee of the U.S. Government,
• An employee of an American Institution of Research,
• An employee of an American Firm or Corporation that is “engaged in whole or in part in the development of foreign trade and commerce,”
• An employee of a public international organization in which the United States participates by treaty statute,
• A person “authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States,” or
• A person “engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States”

Practical 319(b) Considerations

Naturalization Ceremony Must Be In United States

It is necessary for the applicant to become naturalized in the United States.  This means that applicants who are residing overseas must travel to the United States for the naturalization interview, test, and oath ceremony.  Given that required travel, it is necessary to determine the logistics involved before submitting a 319(b) submission.

Conditional Permanent Residency and 319(b) Naturalization

An applicant must be a permanent resident (green card holder) before using 319(b) to become a naturalized citizen.   Many newly married applicants will only have conditional permanent residency.  Having conditional permanent residency does not bar one from obtaining 319(b) naturalization.  However, it can raise some complications that must be addressed during a 319(b) naturalization application.

More 319(b) Expedited Naturalization Information

For further 319(b) information, please contact the immigration law firm.

The naturalization ceremony is the end of a long process that immigrants must pass through [...]]]> To commemorate flag day, the USCIS is holding naturalization ceremonies in Buffalo, New York, Baltimore & Washington, DC, among other places.  The USCIS director will personally attend ceremonies at the Smithsonian in Washington, DC and at Fort McHenry in Baltimore.

The naturalization ceremony is the end of a long process that immigrants must pass through before becoming citizens.  Before becoming citizens, immigrants must gain permanent residency in the United States, often through either family-based immigration or employment-based immigration.  Then, the immigrants must maintain that status for three to five years.  During that time, the immigrants must pay taxes and demonstrate good moral character.  After the required waiting time, the immigrants must then apply for naturalization, complete an English speaking and writing test and complete a civics test.

If you are seeking to naturalize in New York, please contact a New York naturalization lawyer to ensure your eligibility and to assist you in correctly completing the process.

Congratulations to all new citizens.

These questions will help many determine whether they are eligible for naturalization.  The questions are:

Are you a [...]]]> Many people ask the firm to help them become American citizens.  Many are eligible – but, many are not.  Many factors go into determining eligibility for naturalization – eligibility cannot be determined in a five minute conversation.

These questions will help many determine whether they are eligible for naturalization.  The questions are:

Are you a U.S. Armed Forces service member?   If yes, consult a naturalization lawyer to make a final determination.

If not, are you a U.S. Permanent Resident (“green card holder”)?  If not, then you are not eligible for naturalization.

If you are a U.S. Permanent Resident, the next question is: how long have you been a green card holder?  If you are married to a U.S. citizen and have been a permanent resident for three years – consult a naturalization attorney for a final determination.  If you are not married to a U.S. citizen, you need to be a permanent resident for five years before seeking naturalization.  If you meet this requirement, make sure to have a citizenship and naturalization lawyer review your case before applying.

The good news is that bankruptcy is generally available to noncitizens.  Possible bankruptcy consequences follow:

Filing for bankruptcy will not automatically derail a citizenship application.   However, any fraudulent activities that [...]]]> What happens when an immigrant files for bankruptcy?  Can a foreign national file for bankruptcy?  What consequences are there to immigrant bankruptcies?

The good news is that bankruptcy is generally available to noncitizens.  Possible bankruptcy consequences follow:

Applying for Citizenship

Filing for bankruptcy will not automatically derail a citizenship application.   However, any fraudulent activities that result in a bankruptcy (such as identity theft or tax evasion) may result in an applicant becoming removable from the United States.

Immigrants and Bankruptcy

An immigrant seeking to become a permanent resident (green card holder) must demonstrate “good moral character.”  Bankruptcy will not automatically derail a permanent residency application, however filing the bankruptcy application will not have a positive impact on an immigrant’s status.

Conclusion

If you are an immigrant and are seeking to gain an immigration benefit, it is best to ensure that you continue to pay your required taxes.  In addition, it is best to contact a NYC immigration attorney to ensure your eligibility.

Normally, a person seeking to naturalize must be a permanent resident of the United States and must have been in the United States [...]]]> The USCIS recently highlighted a naturalization ceremony it performed for 98 service members who are currently deployed to Afghanistan.   The USCIS performed the ceremony with immigration officials from its Bangkok Field Office.

Normally, a person seeking to naturalize must be a permanent resident of the United States and must have been in the United States for a specified amount of time.  However, the requirements for naturalization are relaxed for service member.   In fact, most foreign nationals who are in the armed forces are eligible for naturalization.

If you are in the armed forces, and believe you are eligible to naturalize, please contact a naturalization lawyer to ensure you are eligible, and to ensure you are not wrongly denied a naturalization petition.

Who is one of your state’s U.S. Senators now?   (New York naturalization [...]]]> Due to the recent election, the USCIS is reminding naturalization applicants that some of the American civic test question answers will be changing in the coming weeks.  Naturalization applicants must pass the American civics test to qualify for citizenship.  The changed questions include:

Who is one of your state’s U.S. Senators now?   (New York naturalization applicants should know the two senators are Senator Schumer and Senator Gillibrand).

Name your U.S. Representative.

Who is the Governor of your state now?     (New York naturalization applicants will need to answer Governor Cuomo after January 1st)

What is the name of the Speaker of the House of Representatives now?    (John Boehner after January 15, 2011).

If you have any questions about the naturalization process, please contact a naturalization attorney to ensure your eligibility.

Naturalization refers to the process through which a noncitizen becomes a citizen. The process requires that an applicant meet certain requirements, including having good moral character, being [...]]]> Many use the words naturalization and citizenship loosely. Many even use the words interchangeably. However, don’t be confused – these words have distinct meanings and are not interchangeable.

Naturalization refers to the process through which a noncitizen becomes a citizen. The process requires that an applicant meet certain requirements, including having good moral character, being a permanent resident for a set amount of time (in most cases), swearing oath to the U.S. Constitution, and other important requirements.

Derivative citizenship, on the other hand, refers to a situation where a person has (or acquires) U.S. citizenship through the actions of their relatives and by meeting certain requirements. For example, in certain circumstances a child who is a lawful permanent resident automatically gains U.S. citizenship when a parent becomes a naturalized U.S. citizen.

To gain derivative citizenship, an individual need not complete a government application – it just automatically happens. However, once it is obtained, it is often necessary to obtain documentation of citizenship.

If you are thinking of naturalizing, or believe you may have derivative citizenship, please do not hesitate to contact a naturalization and citizenship attorney.

It isn’t that they don’t want [...]]]> Many permanent residents of the United States spend years thinking about becoming a naturalized U.S. citizen.  Often the permanent residents count down the days/years until they can apply.    But a funny thing happens when that date final comes and a permanent resident is able to apply for citizenship…they don’t.

It isn’t that they don’t want to become U.S. citizens, in fact, most are eager to become citizens.   But with life swirling around them, many permanent residents do not apply.    Life becomes too busy, and the $675 fee seems like a bunch of money to save up.

Gafner Law Firm understands.  Nevertheless, the firm urges you to take the final effort and become citizens.  You know the advantages, and you know you want to…so take the plunge and apply.

To encourage you, here are some of the advantages:

YOU CAN VOTE.   As a permanent resident you get to watch all of the political commercials and listen to all of the political talk….but you cannot vote.   Only U.S. citizens are able to vote.   Why don’t you want a say in how you are governed?

YOU CAN HELP YOUR FAMILY.  As a U.S. citizen, you are able to better assist your family in gaining immigration benefits in the United States.  As a U.S. citizen, your spouse, minor children, and parents are eligible to gain lawful permanent residency (often in less than a year of processing).   Additionally, other members of your family are eligible to immigration benefits that may eventually result in permanent residency in the United States.

YOUR CHILDREN MAY AUTOMATICALLY BECOME U.S. CITIZENS.  When a person becomes a U.S. citizen, it is often the case that the person’s minor children also immediately, and automatically, become U.S. citizens.  Although there are specific requirements for this to happen, most newly minted U.S. citizens will be able to convey this advantage to their minor children.

LESS TRAVEL CONCERNS.   As U.S. permanent residents, immigrants are able to travel pretty freely in and out of the United States.  However, immigrants often have more difficulty travelling to other countries.  U.S. citizens are often able to travel much more freely than nationals of other countries because of the relationships that the United States has established with other countries.

PROTECT AGAINST THE FUTURE.   As a U.S. permanent resident, you are still vulnerable to be the possibility of being deported or removed from the United States if you get in legal trouble.  Many permanent residents who have lived in the United States for decades have been removed from the country after committing rather minor criminal crimes.  As a U.S. citizen you will not face the possibility of removal.

If you have already committed a crime and are a U.S. permanent resident, it may be too late to apply for citizenship.  In such a case, it is imperative that you immediately contact a naturalization lawyer to ensure that you are eligible to apply for naturalization.

The new naturalization certificate includes many security features that will help deter fraudulent copies of the certificate.

All immigrants who decide to become naturalized U.S. [...]]]> The USCIS has revealed a new naturalization certificate that it will be issuing to immigrants who take the oath of allegiance to the United States and become naturalized U.S. Citizens.

The new naturalization certificate includes many security features that will help deter fraudulent copies of the certificate.

All immigrants who decide to become naturalized U.S. citizens must attend an interview, take a naturalization test, and take an oath of allegience to the United States.  Once the immigrants become naturalized U.S. citizens they will receive a naturalization certificate.

All previously issued naturalization certificates remain valid.

To speak to a naturalization attorney, please contact Gafner Law Firm.

The Citizenship Resource Center has extensive resources including information on:

- Naturalization

- Applying for Citizenship

- Study for the Citizenship Test

- Citizenship Classes

- Informational Sessions

- Information about Citizen’s Rights and Responsibilities

If you [...]]]> The USCIS has formally opened a Citizenship Resource Center for immigrants, teachers, students and the community at large.

The Citizenship Resource Center has extensive resources including information on:

- Naturalization

- Applying for Citizenship

- Study for the Citizenship Test

- Citizenship Classes

- Informational Sessions

- Information about Citizen’s Rights and Responsibilities

If you are thinking about applying for naturalization, you should check out the new resource center, and then contact a naturalization attorney to assist you in your application.