Dallas Immigration Lawyer: When Can I Apply for U.S. Citizenship?

If you are a permanent resident (“green card holder”) and a spouse of a U.S. Citizen, you can apply for citizenship three years after approval of your Adjustment of Status. Your approval may be noted via any of the following: approval notice (I-797), on your passport (I-551 stamp and date), or your green card (“resident since” date). The three year count down begins with that date.

If you are not married to a U.S. citizen, you can apply for citizenship five years after the approval of your adjustment of status.  (There are exceptions for members of the U.S. armed services, which will be discussed in a separate post.)

It is not enough to simply be a green card holder for the required number of years.  You must also be in “continuous residence”
during that time.  “Continuous residence” means that you have not left the United States for a long period of time.  If you leave the U.S. for more than six months, it is likely that you interrupted your continuous residence.  In almost all cases, if you leave the United States for one year or more, you have disrupted your continuous residence and may not be eligible to apply for U.S. citizenship.

To find out whether you are eligible to apply for U.S. citizenship, schedule a consultation with our Dallas immigration lawyer today.

Family Immigration for Iraqi Refugees: Part Five

In the last post, we discussed ways a permanent resident (green card holder) can sponsor family members for immigration to the United States.  As the type of family member a permanent resident may sponsor is limited, many Iraqi refugees will have to wait to become U.S. citizens in order to reunite their families.

To be eligible for U.S. citizenship, you must have a period of continuous residence and physical presence in the United States.  You have the necessary period of residence if you have been a lawful permanent resident for five years (or three years if you are married to a U.S. citizen).  Your residence in the U.S. must have been continuous.  If you have traveled outside the United States extensively, you should consult with an immigration lawyer to determine whether you are eligible to apply for U.S. citizenship.

You must also be at least 18 years of age and be able to read, write and speak basic English.  Finally, you must have a basic knowledge of U.S. history and government, good moral character, and be willing to take the Oath of Allegiance.  If you are elderly and/or disabled, you may qualify to exceptions from the English and civics portion requirements.

The process of becoming a U.S. citizen is called naturalization.  You begin the process by filing Form N-400, Application for Naturalization with the United States Citizenship and Immigration Services (USCIS).  The application process can take between 12 and 15 months.  To ensure your application is error-free and that you are prepared for your naturalization interview, you should consult with an immigration lawyer. To receive monthly news and updates on U.S. immigration law and programs for Iraqi refugees, sign up for our newsletter.

Dallas Immigration Lawyer

Holiday Travel Outside the U.S.

All foreign nationals planning holiday travel outside the U.S. must review their travel documents before leaving the country. The type of documentation required will vary depending on the traveler’s immigration status.

Refugees and asylees require Refugee Travel Documents in order to travel outside the U.S. and be readmitted. In most cases, a refugee or asylee may use the Refugee Travel Document in place of a passport. Refugees and asylees should practice caution when considering a trip to the country where they experienced persecution. If a refugee or asylee’s travel suggest they are no longer in need of asylum or did not experience past persecution, the U.S. may terminate their grant of asylum or refugee status.

Most adjustment of status applicants (green card applicants) must have valid advance parole documents in order to travel outside the U.S. Travel is prohibited while the advance parole application is pending, and the process takes three to six months. Applications may only be expedited in emergency situations.

Travelers who have had any prior visa refusals, visa overstays or criminal convictions should consult with an immigration lawyer before leaving the U.S. In some cases, international travel can trigger a bar to readmission.

Citizenship Lawyer: When Can I Apply for U.S. Citizenship?

Little Rock Immigration Lawyer

citizenshipIf you are a green card holder and a spouse of a U.S. Citizen, you can apply for citizenship three years after approval of your Adjustment of Status. Your approval may be noted via any of the following: approval notice (I-797), on your passport (I-551 stamp and date), or your green card (“resident since” date). The three year count down begins with that date.

If you are not married to a U.S. citizen, you can apply for citizenship give years after the approval of your adjustment of status.  There are exceptions for members of the U.S. armed services, which will be discussed in a separate post.

These three year and five year residency periods do not include long absences from the United States.  You should consult with a citizenship lawyer before filing a your naturalization application if you have travelled outside of the U.S. six months or longer.  For additional information about the U.S. citizenship process, please visit our Citizenship Application page.  To find out whether you are eligible to apply for citizenship, you can also request a consultation with our citizenship lawyer by calling  214.431.5237.

How to Prepare for the U.S. Citizenship Test

One of the requirements for US citizenship is to take the naturalization test (also known as “citizenship test”).  The citizenship test will examine your ability to read, write and speak basic English.  You will also be tested on your knowledge of US history and government (“civics”).

English: Your English language ability will be tested in three ways:

1.  Reading – you must read one out of three sentences correctly in English.

2.  Writing – you must write one out of three sentences correctly in English.

3.  Speaking – your ability to speak English will be judged by the USCIS officer during your naturalization eligibility interview.

Many applicants fail the citizenship test because they cannot answer the questions in English.  Visit www.literacydirectory.org to find English language classes where you live.

Civics: During your interview, the USCIS officer will ask you to orally answer a set of civics questions.

You must answer 6 out of 10 civics questions correctly to achieve a passing score.  Information on the civics test and study materials are available at www.uscis.gov/citizenshiptest.