Bashyam Spiro LLP - U.S. Citizenship And Family Immigration

INDIAN AMERICAN FORUM FOR POLITICAL EDUCATION

United States Citizenship and Family Immigration

A me Coats Bashyam & Spiro, LLP

How do you become a US Citizen?

US Citizenship is acquired:

• By Operation of LawFor example: Birth in the U.S.

• By Naturalization

Benefits of Citizenship

• Right to Vote• Ability to hold certain public

offices• Freedom to reside abroad• Ability to sponsor relatives for

Lawful Permanent Residence in the US

Obligations of US Citizenship

• Jury Duty• Possibility of additional tax liability• Oath of Allegiance—

New US citizens may be expatriated from their native citizenship.

Requirements for Naturalization

Lawful Permanent Resident for 5 Years

Exceptions include:• Spouses of US Citizens• Members of the US Armed Forces• Religious Missionaries

Requirements for Naturalization

Certain Residency Requirements

• Physical Presence• Continuous Presence• Residence within the state

Requirements for Naturalization

Good Moral Character

Generally, during the 5 year period before filing.

Common Problems:• Criminal Issues• False testimony at the naturalization interview• Failure to register for selective service• Failure to pay child support• Failure to pay taxes

Requirements for Naturalization

Ability to read, write, and speak English

• Elementary level required.

• Allowed a second chance.

• Exemptions: Over 50, living in the US for 20 years in LPR statusOver 55, living in the US for 15 years in LPR status

• Waiver available for disability or mental impairment.

Requirements for Naturalization

Knowledge of US History and Government

• Oral exam.• Allowed a second chance.• Interpreter allowed if exempt from English

requirement.• Applicants over 65 with 20 years as LPR can

receive “special consideration.”• Physical Disability/Mental Impairment waiver

can also waive this requirement.

Decision

Recommended approval• Oath taken later.

After Oath• Apply for US Passport.• Naturalization can be revoked for

obtaining by fraud.

After Oath—Sponsoring Relatives

US Citizens can file for:

• Spouses• Unmarried Children under 21• Parents• Fiance(é)s

Good news: No numerical limits!Bad news: Backlogs & Security Clearances

Sponsoring Relatives

U.S. citizens can also petition for:

• Unmarried children over 21• Married children• Siblings

Subject to numerical limits each year.

Procedure

US Citizen files Form I-130, Petition for Alien Relative.

• Must show that the Sponsor and the Relative have the required relationship.

• Different procedure for fiance(é)s.

Getting the actual “Green Card”

Adjustment of Status • Relative is in the US• Visa number is available• Can usually obtain employment authorization in 90 days• Travel Abroad may be possible

OR

Consular Processing• Relative is outside of the US• Relative obtains an “Immigrant Visa” at a US Consulate• Relative becomes an LPR when he or she enters the US

Common Problems

Marriage to a U.S. Citizen

Couple has difficulty proving that the marriage is bona fide and for reasons other than obtaining LPR status for the foreign national.

Common Problems

Documentary

• Birth Certificate does not exist.

• Lost passport/I-94 card.• Customary

marriages/divorces.

Common Problems

Relative is Inadmissible to the US• Public Charge• Commission of crime of moral

turpitude• Communicable disease• Entered the United States illegally

or by fraud

THANK YOU

Bashyam & Spiro, LLPTel: 919-833-0840

www.bashyamspiro.com