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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