- Representation at Interviews
- Waiver for the Medical Exam
- Waiver for the Language Exam
- Help with past criminal issues
- Request for reconsideration at a new interview
- Help with tax issues
- Determining eligibility due to extensive travel
Naturalization in the US
If you have been a Legal Permanent Resident for at least five years, you may be eligible to become a citizen through naturalization.
There are several requirements, including:
- being 18 years old
- having continuous residence in the U.S.
- being able to pass a civics and history test in English
Residency as Requirement for Naturalization
If you have extensively traveled while you were a resident, you may have some issues when applying for naturalization. In order to be eligible for citizenship, an applicant must meet both the requirements for continuous presence and physical presence. Under the Continuous Residency requirement, an applicant must generally be a continuous resident for five years subsequent to LPR status. INA §316(a), 8 U.S.C. §1427(a)(1); 8 C.F.R. §316.5
Residence is defined as “the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent.” For certain applicants, only three years of continuous residency is required. This includes lawful permanent residents living with spouses in marital union.
It also includes applicants who originally obtained their green cards through employment, investment, or other diversity visa lottery but then married a U.S. citizen, with the three years being counted from the date of marriage. Divorce, legal separation, death, or expatriation of the U.S. citizen spouse breaks the continuity.
What if I Don’t Do Well in English?
Suppose you are having problems learning English or studying for the civics portion of the citizenship exam because of physical or developmental disability or mental impairment. In that case, you want to seek the help of a citizenship and naturalization lawyer to help you become eligible for a waiver so that you can perform the exam in your native language or so that you do not have to do the exam at all.
The most common reasons people get denied include having some tax issues, owing child support, having been arrested, or traveling too much. For example, being arrested even if you weren’t convicted could be a reason for denial. It’s very important that you consult with a citizenship and naturalization attorney in Miami BEFORE you apply to make sure you are a good candidate for naturalization.