CITIZENSHIP + NATURALIZATION

IS IT POSSIBLE THAT I AM ALREADY AN AMERICAN CITIZEN?

If you were born outside the U.S. but one or more parents is or was an American citizen, it is possible that you, too, are already a U.S. citizen. 

Derivation of U.S. citizenship means that when you were born, one or more parents were not yet U.S. citizens, but he/she later naturalized. Acquisition of U.S. citizenship means that you acquired citizenship upon birth because one or more of your parents was already a U.S. citizen. 

There are various residency requirements for the U.S. citizen parent, depending on a variety of factors. Contact Encanto Law to determine if you are already a U.S. citizen and the best route possible for proving U.S. citizenship. 

If you are currently a Lawful Permanent Resident (LPR), you may consider naturalizing in order to become a U.S. citizen. Many LPRs consider naturalization because a citizen obtains additional benefits and rights. Most importantly, a naturalized citizen can vote in U.S. elections and enjoys additional avenues for petitioning family members to come to the U.S.

Eligibility for naturalization includes the following:

(1) Must be 18 years old or older

(2) Legal Permanent Resident for a certain period of years:

* 5 years for typical LPRs

* 3 years if you are married to a U.S. citizen

* 1 year if you served honorably in the U.S. armed services

(3) Continuous presence in the U.S. for a certain number of months/years

(4) Establish residency in the state or USCIS district where you intend to apply

(5) Maintain “good moral character”

(6) Pass a written and spoken English test

(7) Pass a U.S. civics/history test

(8) Take an oath of allegiance to the U.S.

It is important to consult an immigration attorney if you have spent large amounts of time abroad as an LPR or if you have criminal history. A permanent resident can jeopardize their status by applying for naturalization if they are not adequately advised or prepared.

There are notable exceptions to the English and civics tests for applicants who are of advanced age or who have a diagnosed disability. Call Encanto Law for an analysis of your naturalization eligibility.