Naturalization

For most people applying for citizenship in the U.S., there are several requirements that must be met to acquire citizenship:

• Lawful residency in the U.S. (a green card) for a certain period of time. (The requirements are complex and vary for different situations; sometimes the waiting period is 1 year, 3 years, or 5 years).
• The ability to read, write and speak English (with some exceptions for persons over 50 years of age, and those with certain disabilities).
• A basic understanding of U.S. history and government (the citizenship test is verbal and composed of specific questions available for practice).
• Good moral character (those with criminal histories may not be eligible; have a consultation with Helen Tarokic for more information)
• At least 18 years of age (with exceptions for children of permanent residence who are seeking naturalization).

At Helen Tarokic Law PLLC, we assist clients with the following:

• Naturalization process, including preparation for and attendance at naturalization interviews;
• Naturalization by a spouse of a US citizen transferred temporarily overseas by his/her US employer;
• Preservation of lawful permanent residency for naturalization purposes;
• Citizenship by acquisition at birth; and
• Certificates of citizenship through US citizen grandparents (derivative citizenship).

Top 10 Reasons to become a United States Citizen

• Citizens have full rights and protections under the U.S. Constitution. Non-citizens, even lawful permanent residents (green card holders) can lose residency if U.S. laws change or if the person has a particular criminal history that would render him or her removable (deportable).
• U.S. citizens are able to sponsor immediate relatives (spouses, unmarried minor children and parents) for Legal Permanent Resident (LPR) status without a long wait for a visa to become available. They also may sponsor certain other relatives, such as adult children and siblings.
• A U.S. passport helps with travel worldwide for many naturalized citizens, and may eliminate the need for visas to certain countries.
• U.S. Citizens can travel and live abroad without fear of losing their green card (residency) status.
• U.S. Citizens may not be removed or deported from the U.S. They are also able to re-enter the U.S. without being required to establish admissibility each time.
• Citizens can vote and have more civil liberties.
• U.S. citizens are able to hold elected public office.
• Eligibility for many government-related jobs is restricted to U.S. citizens only. In the past, we have assisted clients who have served the government abroad obtain citizenship so that they could be promoted to higher levels and take on, for example, D.O.D. projects.
• Citizens are eligible for public benefits which residents often are not allowed to receive as public benefits. U.S. citizens can even receive Social Security benefits worldwide without concern over reciprocity agreements and benefits administration.
• U.S. citizens are not required to fill out the AR-11 change of address, where as all non-residents, even undocumented residents, must file the AR-11 within 10 days of a move.

Many individuals qualify for dual citizenship. It is a common myth that one may not hold dual citizenship in the U.S.
Some individuals do not need to apply for naturalization in order to be U.S. citizens.

How can this be? This is because Congress has the power to pass U.S. citizenship laws. Those U.S. citizenship laws provide automatic citizenship for certain individuals

• For example, a person born to US parents abroad often qualifies for US citizenship and a Consular Report of Birth Abroad.
• The naturalization of a child’s parent or parents often results in the child having US citizenship by operation of law.
• Some dependents of military men and women may also be US citizens.
• Under the principle of ‘jus soli’ individuals born on US soil are US citizens, even if their parents did not have a lawful immigration status (principle of jus soli (Latin for “right of soil”).
• Under the principle of jus sanguinis (Latin for right of blood), citizenship is not determined by place of birth, but by parentage or ancestry.

As a member of the American Immigration Lawyers Association, Attorney Helen Tarokic spoke at a national conference twice on the subject of naturalization and citizenship. She works hard to analyze her clients’ cases thoroughly and to represent their interests zealously.

“The Immigration & Nationality Act designates very specific requirements for an individual to obtain U.S. citizenship automatically, without the need for naturalization. As an immigration attorney, rather than simply reviewing an individual’s basic immigration history, I must also review the individual’s ancestry for potential benefits. Often, I need to compare the individual’s date and location of birth, along with parental “stats”, to the various statutes that have been enacted in the past 150 years, because “old” statutes often apply to individuals born more than 10 years ago. In some cases, I have documented citizenship claims through ancestry dating back to the 1880′s. Individuals who are “automatic” citizens can obtain US passports, and often Certificates of Citizenship, even if previously they were undocumented in the US. A citizenship claim never dies, meaning that even if citizenship hasn’t been recognized or known for many years, citizenship can be recognized by the Dept. of State and Homeland Security today.”  -Attorney Helen Tarokic

By passing the Child Citizenship Act of 2000, Congress established criteria for children born outside the U.S. to a U.S. citizen, or those adopted by U.S. citizens, to acquire U.S. citizenship following a lawful admission. Adopted children must meet special requirements to acquire citizenship.

The Child Status Protection Act (CSPA) has changed a lot over the years and provided new benefits to individuals whose petitioners for immigration were filed. For example, permanent residents who sponsored their children under 21 can deduct the time the I-130 was pending in most cases, and upon naturalization prior to the child’s CSPA age of 21, the child becomes “frozen” as an immediate relative. This allows many children to avoid the F-2B category and be treated as children “under 21″ for faster immigration to the U.S., thanks to the parent’s timely naturalization.

We really enjoy working on citizenship, naturalization, and Child Status Protection Act cases. If you want a consultation regarding your options, please contact us at 910-509-7145 or use our contact form on our website.