Naturalization

Naturalization is the process in which a Lawful Permanent Resident (LPR) goes from being an alien to becoming a U.S. citizen. This is an exciting process and requires a great deal of work on the alien's part. Naturalization is the pinnacle of immigration law, there is nothing higher than this. Once you become naturalized you have all the rights and obligations that occur to anyone who was born in the United States. You are able to vote, move freely, cannot be deported, can only voluntarily give up citizenship, etc.

In order to qualify for citizenship two things generally have to occur. First, you have to be in the country legally. This could be through a family petition, work visa or any other method that gets one into this country legally. The second hurdle is that you must be physically present for a set amount of time in the United States and you must have resided in the United States for a set period of time. This may sound like the same thing, but it is not.

Physically present - this is the amount of time an alien has physically spent within the United States. This is the amount of time within the continental U.S. or Hawaii/Alaska. Generally, this amount must equal 30 months. Any time spent out of the country for work, visiting family or vacation does not count towards this 30 month total.

Reside within the United States - this is the amount of time that the alien has resided in the United States. Meaning how long have they rented an apartment/condo or lived in a home in the United States. This time can include time spent outside the United States, but the longer one is outside the United States the more problematic it becomes. There is a presumption that an alien spending more than 6 months outside the United States is giving up their residency. This can be overcome, but it is best to avoid the issue all together.

Here is an example, lets say Nicole (from England) moved to the United States in 2004 on a family visa (her father lives here). For the past five years she has lived with her father or on her own within the United States. However, every year she goes back to see her mom for 4 months of the year, generally around Christmas as she loves the weather back in Englad during this time of year. She also has to travel a decent amount for her work, over the last five years she has traveled outside the United States for 8 months.
Following the requirements of 5 years residence and 3 years physical presence, Nicole is unable to petition for citizenship. She meets the 5 year residency requirement as she has resided within the United States for five years. However she has not been physically present within the United States for 3 years. Her business travel plus visiting her mom totals 28 months, which is over 2 years worth of time outside the United States.

As you can see the requirements for becoming a U.S. citizen can be tricky and is heavily dependent on your time within the United States. The next post will discuss the process in which one becomes a U.S. citizen.

Immigration 101

The point of this blog is to give consumers the basic understanding of immigration law. Immigration law is a complex and ever evolving area of law that can have a huge impact on the individual or the individuals family. If alien does something wrong in the immigration process or violates one of the laws within a state there are serious consequences.

This blog will cover the vast majority of immigration policy and the various administrative hearings that can occur in immigration law. For example, deportation hearings, naturalization proceedings, asylum request, and refugee hearings.