Immigration & Naturalization

Citizenship Oath “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.

Becoming a citizen To become a citizen at birth, you must: Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR      had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements To become a citizen after birth, you must: Apply for “derived” or “acquired” citizenship through parents Apply for naturalization For more information, see USCIS Policy Manual Citizenship and Naturalization Guidance

Naturalization Be 18 or older at the time of filing Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization Have lived within the state for at least 3 months prior to the date of filing the application Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application (this means that you cannot have been out of the country for more that half of the 5 years even while maintaining a permanent residence in the US)

Reside continuously within the United States from the date of application for naturalization up to the time of naturalization Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics). (pass the Citizenship Test) Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

United States Citizenship ‘Good Moral Character’ Test To become a naturalized citizen, you must demonstrate “good moral character.” You also may be asked to provide records showing that you have not been convicted of certain crimes in the past five years. If you lie during the interview or act in a way that does not show good moral character, your application could be rejected. Questionable behaviors that could hurt your petition for citizenship are: habitual drinking, drunk driving, illegal gambling or prostitution neglecting to pay court-ordered child support persecuting others for their race, religion, gender, political beliefs or social class A criminal record also affects your ability to become a citizen. If you have committed certain crimes, such as using illegal drugs, you could be barred from applying for citizenship for five years. You will be barred from citizenship permanently if you have been convicted of crimes the government considers serious, including sexual abuse of a child, murder, rape, and smuggling of people, drugs or weapons.

Cuban Adjustment Act Refugee status Do not need to enter via a port of entry Wet Foot – Dry Foot policy Paroled: Issued temporary green card Permanent residency may be granted after one year of residency

Basic Immigration rules To be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative, U.S. lawful permanent resident, or a prospective employer, with a few exceptions. A U.S. citizen can file an immigrant visa petition for: Spouse Son or daughter Parent Brother or sister A U.S. lawful permanent resident (that is, a green-card holder) can file an immigrant visa petition for: Unmarried son or daughter A U.S. employer can sponsor skilled workers who will be hired into permanent jobs. In some specialized fields, U.S. law allows prospective immigrants to sponsor themselves.

U.S. law provides a number of special immigrant categories, as well as an immigrant investor program. Regarding some of the immigrant visa categories, United States law limits the number of visas available each year, with certain limits by country. (Quotas) In these limited categories, whenever the number of qualified applicants exceeds the available immigrant visas, there will be a waiting list A U.S. citizen can also petition for the immigration of a: foreign fiancé(e) to be married in the United States an orphan adopted abroad/to be adopted in the United States. Several immigrant visa categories that cover special types of workers or special circumstances are established by U.S. laws.

Fees to receive a immigration visa/green card vary from $400 to $3000. Fees to become a citizen range from $700. to $3000. These do not include attorney fees that average from $1000 to $5000.