Naturalization and Citizenship

We carefully review your immigration history in order to determine your eligibility and possible risk of applying to U.S. Citizenship.

U.S. citizenship can be acquired at birth for having born in the United States of America or in certain territories or possessions not incorporated which are subject to the jurisdiction of the United States (jus soli), or for being the child of a U.S. citizens father or mother at the time of birth, provided the person complies with other requirements (jus sanguinis)

The U.S. citizenship can be also acquired through a naturalization process provided the applicant meets the requirements set out in the Immigration and Nationality Act (INA). The most common case is those  who have been resident permanent (have had green card) for at least 5 years, who being 18 years old or older apply for naturalization, complying all other eligibility requirements:

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Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application.

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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

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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

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Reside continuously within the United States from the date of application for naturalization up to the time of naturalization

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Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).

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Be a person of good moral character, attached to the principles of the Constitution of the United States.

The law allows spouses of U.S. citizens, who have been resident for three years, apply to citizenship, provided that they have lived in marital union with the same U.S. citizen spouse during that time, and meet all other eligibility requirements.

Another special case is for military: If you served honorably in the U.S. armed forces for at least one year during a period of peacetime, you may be eligible to apply for naturalization. To establish eligibility, you must:

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Demonstrate knowledge of U.S. history and government.

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Be at least 18 years old.

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Have served honorably, during a period of peacetime, in the U.S. armed forces for a period or periods totaling one year.

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Be a lawful permanent resident at the time of the examination on your application for naturalization.

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Meet certain residence and physical presence requirements.

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Demonstrate the ability to read, write and speak English.

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Demonstrate good moral character for at least five years prior to filing the N-400 until the time of naturalization.

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Demonstrate an attachment to the principles of the U.S. Constitution.

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Have continuously resided in the United States for at least five years and have been physically present in the United States for at least 30 months of the past 5 years immediately preceding the filing date of the application, unless the applicant has filed a request while still on active duty for the last 6 months before separating from service. In the latter case, the applicant does not have to meet these residency and physical presence requirements.

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Emigra Legal is committed to the principles of justice, personalized attention, honesty, transparency, and advocacy in the best defense of our clients' interests.

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