United States citizenship provides an individual with as many rights as the country has to offer under its laws. United States citizens have numerous rights, including, but not limited to:
- The right to vote;
- The right to petition for family members to immigrate to the U.S. in order to become citizens as well; and
- The right to live in other countries without losing the right to return back to the States.
With these rights comes a number of obligations and responsibilities, such as paying taxes and serving on a jury. When an individual is applying to become a United States citizen, they may be required to produce documents and evidence including:
- Document 1: Proof of green card status – This shows the individual has obtained their green card. Other immigration records may be requested.
- Document 2: Proof of marital status – This may include documents showing they are married or documents showing they are divorced.
- Document 3: Proof of identity – This includes identification documents such as driver’s licenses, passports, or identifying documents from other countries.
- Document 4: Proof of military service – This includes proof of U.S. military service.
- Document 5: Proof of official name chances, if applicable -This may include divorce decrees or adoption documents.
Applicants can submit their Form N-400, or Application for Naturalization to the appropriate United States Citizenship and Immigration Service (USCIS) office. The applicant should also submit other information or documents that were requested of them.
An applicant must complete the form that is appropriate for their situation and submit it along with the following:
- A copy of their green card;
- Required photographs; and
- Any applicable fees.
If an individual has any questions about properly completing the forms or what evidence to submit with the form, they should consult with an attorney. Having an attorney’s assistance with the application process will help ensure it runs smoothly and increases the chances of approval.
How Will This Evidence Make My Citizenship Case Stronger?
A strong citizenship case begins with the help of an experienced immigration lawyer. The naturalization application process can take up to six months to complete.
Having an attorney’s assistance can help an individual ensure that their application is not returned to them before being fully evaluated by including all necessary information, such as:
- The naturalization application;
- Having current photographs and fingerprints taken;
- Being interviewed, after which the applicant will know whether their application has been approved; and
- Taking the Oath of Allegiance.
A lawyer can also provide an applicant advice if they have issues that may prevent their naturalization. It is important to be honest throughout the process.
If an applicant has been convicted of a crime, even if that conviction was expunged, the details of the charge must be disclosed to the USCIS. If an applicant conceals or falsifies any information, the USCIS may deny the application.
An applicant’s lawful permanent resident (LPR) status begins on the state their application is granted. This status will be indicated on the individual’s Permanent Resident Card,
The amount of time that it will take to become a naturalized citizen will vary for each applicant. Typically, however, it varies between five and seven years.
This is due to the fact that the applicant must wait five years from the date they receive their LPR status before they can file for the naturalization process. Once the individual’s application is filed, it may take up to two years to complete the naturalization process, including the necessary interviews and tests.
An individual becomes a citizen of the United States on the day they take the Oath of Allegiance to the United States. This Oath is usually administered in a formal ceremony and the date will be recorded on the individual’s Certificate of Naturalization.
How to File Evidence in Court for a Citizenship Case
Evidentiary issues in citizenship cases are extremely important and must follow strict rules and deadlines. Although an applicant can go through the process on their own, the odds of them making an error or having an issue greatly increase.
There are certain issues or errors, even if they were accidental, that may cause an applicant’s application to be denied and they will have no recourse to correct the error. An individual must meet certain requirements to be eligible to apply for United States citizenship, including:
- Being 18 years old;
- Being a permanent resident of the United States and having a permanent resident or green card;
- An individual provide proof of residency documents showing they have been a resident for three to five years or for five years or longer;
- If an applicant has only been a permanent resident for three to five years, they must be married to and living with a U.S. citizen or a spouse that has been a U.S. citizen for at least three years, and must not have traveled outside of the country for 18 months or longer;
- If an individual falls under the other category of five years or longer, then they must be able to read, write, and speak basic English, demonstrate good moral character, be willing to take an Oath of Allegiance, in addition to several other requirements.
Evidence of all of these requirements must be submitted to the USCIS. In many cases, applicants will also be required to take a Civics Test, attend a biometrics appointment, and have an interview with the USCIS as part of the application process.
An individual’s citizenship attorney can help them gather their evidence of citizenship, build their case, prepare for their interview and recommend materials to ensure they pass the Civics Test.
What If This Is Not Accepted by the Courts as Evidence?
In certain cases, evidence may not be accepted by the USCIS and their application may be denied. If an individual’s application is denied, they can appeal and request an administrative review of their application, which includes a hearing with an immigration officer.
The details regarding the appeals process and the paperwork requirements, such as Form N-336, will be included in the denial letter. The applicant may also be able to reapply at a later time.
If they are permitted to reapply, they will be required to submit new application forms, pay another application fee, and retake their photographs and fingerprints. If an individual does appeal a denial of their application, having a lawyer assist them with the appeal process will help ensure they properly complete the forms and submit the required evidence to support their petition.
What Are My Responsibilities Once I Become Naturalized?
Once an applicant becomes a naturalized citizen, they have to uphold certain duties they pledged to in the Oath of Allegiance. Pursuant to this Oath, all applicants must promise to:
- Give up allegiances to other countries;
- Support and defend the U.S. Constitution and U.S. laws;
- Swear allegiance to the United States; and
- Serve the United States when required.
How Can a Lawyer Help Me With My Evidence?
If you are seeking to become a United States citizen, it is essential to work with an experienced immigration attorney who can make the process easier and increase your chances of success.
Your lawyer can help you complete your paperwork and ensure that your supporting evidence is submitted in a timely manner. If you have any issues with your application, your lawyer will represent you during hearings or meetings.
