Conroe Naturalization Lawyers

It is every immigrant’s dream to be naturalized and become a U.S. citizen. However, Naturalization Law, which governs the process of a permanent resident to apply and become a U.S. citizen, is a vast area of law. It is often complicated and has numerous requirements. It is an all-encompassing process. However, with the help of the experienced team of immigration attorneys from Garg & Associates, PC., it can be achieved. Below are some of the requirements and qualifications for an alien to be naturalized, but in order to gain a full understanding of what you need to do to become a citizen, contact an experienced Conroe naturalization lawyer at Garg & Associates, PC., now serving residents of Spring, Cypress, Champion Forest, Conroe, and Magnolia.

Naturalization

Naturalization is a process in which an alien applies with the USCIS to become a U.S. citizen. Although there are nuances to every case, and there may be waivers available in some special categories, such as a medical disability waiver (N-648), most applicants must be able to demonstrate the following:

• Age – In general, a person must be at least 18 years of age to apply for Naturalization. In many instances, a person may not need to apply for Naturalization and may already be a U.S citizen as a derivative citizen. If on or before February 27, 2001, one of the applicant’s parents is U.S. citizen, or if before February 27, 2001, both of the applicant’s parents are U.S. citizen, and he/she is under 18 year of age at the time, the person is a derivative citizen. In that case, the derivative citizen child may apply for a U.S. passport and/or a certificate of citizenship (not to be confused with a Naturalization certificate).
• Continuous residency – the Naturalization applicant must be a permanent resident and must maintain such residence for at least 5 years, or 3 years if he she is married to a U.S. citizen. Continuous residence is broken if the alien travels outside the U.S. 1 year or more without a re-entry permit. Often, USCIS may also use evidence to show that the applicant left the country for 180 days or more without a re-entry permit with the intent to abandon their permanent residency. Thus, it is important to consult an immigration attorney at Garg & Associates, PC if you intent to travel abroad 180 days or longer. Finally, a person may only file for Naturalization after maintaining residency in the state for at least 3 months.
• Physical presence in the U.S. – In addition to continuous residency, the alien must also maintain “physical presence” in the U.S. for at least 30 months within the last 5 years. Essentially, the alien must have lived in the U.S. at least ½ of the time within the 5 year statutory period.

Good Moral Character – The applicant must show that he/she has good moral character. The INA does not define what constitutes “good moral character.” However, INA Section 101(f) defines the types of criminal violations that would classify an alien as not having good moral character, including but not exclusive to:

• A habitual drunk (such as more than 1 DWI within the statutory 5 year period);
• Possession and/or trafficking of narcotics and drug paraphernalia other than marijuana of 30 grams or less;
• An illegal gambler;
• Providing false information to obtain immigration benefits;
• An alien that committed aggravated felony or a crime involving moral turpitude;
• Has been confined within the statutory period for at least 180 days;
• Practices polygamy; and
• Failure to pay child support.
• Knowledge and understanding of the U.S. government and history (Civic Test) – The Naturalization applicant must demonstrate knowledge and understanding of U.S. history and government, including local governments, such as the mayor, governor, and lieutenant governor of the state. Beginning October 1, 2008, all applicants are required to be tested on a new list of 100 questions regarding U.S. history and government. The intent is to encourage applicants to study and understand the questions and not just memorize the content for the purpose of taking the Naturalization test. These are difficult questions that involve some type of reasoning and/or a variation of questions, which often can be confusing and unfair to aliens.
• Language – The applicant is required to be able to understand, read, and write basic English. An alien that has been a permanent resident for at least 20 years and is at least 50 years of age, or an alien who has possessed a green card for at least 15 years and is at least 55 years of age, can take the Naturalization test in their native language. Additionally, senior citizens may be able to take an easier form of the civic and the English tests.

An alien who has medical and/or mental disability may apply to waive the naturalization test. Form N-648 allows certain aliens to apply for partial or full medical disability waivers based on the DSM-IV which stands for Diagnostic & Statistical Manual of Mental Disorders. The DSM-IV is a manual published by the American Psychiatrist Association which includes all currently recognized mental health disorders that qualify for a Medical Disability Waiver Application. Depending on the alien’s medical condition, evaluations performed by qualified physicians (psychologist, psychiatrist, or a general practitioner who has qualified training and experience in mental health) under form N-648, supporting documents, the USCIS will either accept or deny the application. If the medical disability waiver application is accepted, the Service may waive the civic test (history/government test), the English Language exam (spoken and written), or both. (Note: any applicant who filed a fraudulent N-648 application and USCIS determined that such application was fraudulent, the alien may be denied and/or removed from the United States.)

Please contact our office to see how we can assist you in obtaining either an immigrant or nonimmigrant visa. Also, please review our website to learn more about our Areas of Practice.