Glendale Naturalization and Citizenship Lawyer

The US’s Violence Against Women Act (VAWA) allows people who are survivors of assault or other kinds of violence committed by a US citizen or lawful resident to petition to become a permanent resident. To seek this status, an individual may self-petition without having to tell or get the approval of their abusive spouse, parent, child, or other family member. 

Generally, a person must submit an I-360 form with accompanying documentation that demonstrates their relationship to the abuser and the abuse they experienced. If their petition is successful, they are frequently entitled to certain protections against deportation and removal orders and they could receive work authorization. The process of self-petitioning can be complicated though, as there are several contingencies that can affect how or when a person can apply and what forms they need to provide to USCIS. If possible, retaining an attorney can help a person successfully submit a VAWA petition and receive the help it provides. 

Passport Services 

Individuals who have become US citizens through naturalization are eligible to apply for a passport for themselves or their children. To successfully apply for a passport, an individual will need to submit the appropriate application and their certificate of naturalization, form N-550. 

How to Apply for Naturalization 

Before you can apply, you must be: 

• At least 18 years old
• A lawful permanent resident (LPR) of five years
• Able to read, speak, and write in English
• Of “good moral character,” which is a designation that the USCIS makes by considering a person’s criminal record (if any), education and accomplishments, evidence of community involvement, and more
• Able to demonstrate their commitment to adhering to and upholding the US constitution

In addition to the above criteria, a person who wants to apply must:

• Have lived in the state where they are applying three months or more
• Have been in the US for at least half (30 months) of the five years leading up to their application date
• Have lived in the US from when they submitted their application to when it was approved
• Learn and know important aspects of US history and the way the country’s government works, and demonstrate this knowledge by passing an exam

After satisfying these criteria, a person may apply for naturalization by submitting form N-400, the US application for citizenship. For individuals that have a physical or mental disability, the US provides accommodations and exemptions for certain steps of the naturalization process. For exceptions to the language requirement and US civics test, individuals should submit form N-648. For those that need accommodations during the naturalization process, they should note what accommodations they need on from N-400. 

As part of the naturalization process, applicants will have to complete an interview with a representative of the USCIS. During this interview time, an applicant will have to take and pass an English language test and a US civics test. 

Should an applicant fail to appear at their interview, the USCIS will administratively close the application. An applicant can motion to reopen their application for naturalization, however, within a year of the date they started. 

Once an applicant has submitted the appropriate documentation, attended their interview, and passed both tests, the USCIS issue a decision via mail or online within 120 days. 

There are three decisions the USCIS issues:

• A “granted” decision means the USCIS has determined the applicant is eligible for citizenship.
• A “continued” decision means the applicant can continue their application, but they need to provide the correct or additional documentation or retake the language or civics test and pass their second attempt. Typically, applicants have 30 days to supply further documentation. They also have 60 to 90 days after the initial exam to retake it.
• A “denied” decision means the USCIS has determined the applicant is ineligible for citizenship. Within 120 days of a denial, a USCIS officer will issue a letter that explains why the USCIS denied the application. A person can appeal a denial by filing a request for a hearing within 30 days of the decision’s date.

When the USCIS approves an application, the applicant’s final steps for naturalization are to:

• Complete form N-445
• Appear at a public ceremony where they will take the oath of allegiance
• Turn in their green card
• Review and ensure the information on their certificate of naturalization is correct

Can Someone Under 18 Apply for US Citizenship?

For minors under the age of 18, there are various ways that they can become citizens of the US. 

When a parent has become a citizen through naturalization, their child can become a citizen when:

• The child is an LPR
• They are under 18 at the time their parent becomes a citizen
• They are unmarried
• They live in the US and the parent who has just become a citizen has legal custody of them

In other cases, someone under the age of 18 can become citizens if: 

• One of their parents is a citizen
• They become an LPR
• They are in the custody of the parent who is a citizen
• They have been legally and fully adopted by parents who are citizens

Can I Apply for Citizenship If I Have A Criminal Record?

Whether you can apply for U.S. citizenship with a criminal record depends on the nature and severity of your criminal history. Generally, having a criminal record doesn't automatically disqualify you from applying, but it can impact your eligibility and the outcome of your application.

For less serious offenses, such as minor traffic violations or some misdemeanors, you can typically still apply for citizenship. However, for more serious crimes, including felonies, aggravated felonies, and certain moral turpitude offenses, it can significantly affect your eligibility and may result in denial of your application.

Every case is evaluated separately by USCIS, the U.S. Citizenship and Immigration Services. They take into account things like the kind of offense, the sentence handed down, and the time since the offense. It is imperative that you be truthful about your criminal history on your application because lying can have major repercussions, such as deportation.

It's best to speak with an experienced Glendale citizenship and naturalization lawyer before applying so they can evaluate your particular case and offer advice on whether you qualify for U.S. citizenship despite having a criminal record.

What Happens If My Citizenship Application Is Denied?

You will receive a formal written notice from U.S. Citizenship and Immigration Services (USCIS) outlining the reasons for the denial if your application for U.S. citizenship is denied. A denial could occur for a number of reasons, such as problems with your eligibility, criminal record, unpaid taxes, or false information on your application.

If you are denied, you have the right to file an appeal. To do so, you must submit Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 days of receiving the denial letter. This initiates the appeals process, which may result in an immigration officer hearing.

The other option is to reapply for citizenship by sending in a fresh Application for Naturalization, Form N-400, along with the necessary fees. Before reapplying, it is imperative to address and resolve the issues that resulted in the first rejection. If your application is rejected, consult an immigration attorney to learn the best course of action and increase your chances of having your application accepted.

Was your citizenship or naturalization application denied? Get in touch with a seasoned citizenship lawyer in Glendale, CA. Contact Kostanyan Law by calling (818) 201-2636 or submitting our online form.