There are about 9 million lawful permanent residents in America, eligible to become U.S. citizens. A process through which an immigrant to the United States can become a U.S. citizen is called naturalization.
Naturalization is defined by different requirements, application processes, and rights and obligations of the new citizen. The eligibility for getting citizenship depends on two factors:
- If you are a green card holder for 3-5 years;
- If you have served in the U.S. military.
Information For Naturalization Requirements and Eligibility
More information about the naturalization requirements and the eligibility check for U.S. Citizenship can be done here.
The naturalization rate depends on how governments are handling citizen applications at the local level, and the path to citizenship is more complicated in the last couple of years. However, close to 3.000 immigrants every year succeed in getting U.S. citizenship in Cleveland, Ohio.
A report by Boundless Immigration, a Seattle technology company that helps families enter the immigration process and apply for green cards and citizenship, shows Cleveland is the No. 1 city in America to become a U.S. citizen.
The analysis was performed on 103 major metropolitan areas, and Cleveland was on the top of the list of the “Best (and Worst) Cities to Become a U.S. Citizen.”
Besides Cleveland, two more metro areas are the most suitable for citizenship – Riverside, California, and Louisville, Kentucky, while the worst struggling to become a U.S. citizen the immigrants are facing all in Texas – Austin, Houston, and Dallas.
The most efficient U.S. Citizenship and Immigration Services field office is also stated to be in Cleveland. The USCIS office efficiency is reflected in the highest backlog completion of 71.3%, and the nation’s shortest average processing time, which is only four months.
Almost nobody waited longer than 12.3 months. In comparison, the national average is ten months, while the Houston area has the longest wait time – 17.3 months, and it is expected that this number will increase in the future. There were cases that the wait time was almost two years in this area (23.5 months).
Although Cleveland is the overall best-ranked city for becoming U.S. citizens, the highest naturalization rate of eligible immigrants are in Columbus (20.6%) and Cincinnati (16.8%), Ohio, and Pittsburg, Pennsylvania.
There are economic benefits from naturalization, not only for immigrants as individuals but also for the whole state economy. Naturalized citizens are more likely to get well-paid jobs and job promotions since naturalization shows their commitment to work and create life in the United States.
There are many opportunities for entrepreneurs, banking benefits, organized language clubs, and activities that help new citizens feel like a part of the community. Research shows that naturalized immigrants earn 8-11% more in annual income.
If only half of the eligible immigrants nationally become U.S. citizens, it would increase the state’s GDP for $37-52 billion per year.
With a constant effort to advance socioeconomic policies, provide affordable living for immigrant families, and an effective naturalization process in the USCIS office, Cleveland is one of the most immigrant-friendly cities in the U.S.
One of the requirements for obtaining naturalized citizenship is “good moral character.” What this generally means is that the applicant has maintained the standards of a law-abiding society. “Good moral character”, however, means more than refraining from committing crimes. Yes, it is true that committing a crime is likely to cast doubt on your good moral character — but so can other activities such as unpaid debts.
To some extent, “good moral character” is subjective, because it is based on a comparison of the applicant’s behavior with “the standards of the average citizen in the community of residence.” The standards of the average citizen may vary between, say, Las Vegas, Nevada, and Muscogee, Oklahoma. Nevertheless, there is a minimum standard beneath which no one will be considered to possess good moral character.
Criminal Convictions
US immigration law classifies crimes into three types:
- Murder and aggravated felonies;
- “Crimes involving moral turpitude”; and
- Petty offenses (any other crime).
A conviction for murder or an aggravated felony results in a permanent bar no matter when they were committed (unless you were under 18 on the conviction date). A permanent bar will also subject you to deportation proceedings. Crimes involving moral turpitude result in a temporary bar. The bar is temporary because it only applies as long as the conviction date is within five years of your citizenship application date (three years for applicants married to US citizens).
Petty crimes will not necessarily bar you from citizenship, although the USCIS does have the right to reject your application for petty crimes if the officer reasonably believes that they add up to bad moral character. In making this determination, the USCIS officer will probably take into account the other factors listed below, such as whether you support your dependents.
Criminal Offenses that Did Not Result in Convictions
The USCIS defines “convictions” differently than its colloquial usage. You can be considered “convicted”, for example, if you plead guilty to the offense; or if you confess to it or admit to facts that add up to the offense (even if you are not prosecuted). This means that even if you are acquitted and you later admit to guilt because you cannot be tried twice for the same offense, the USCIS can impose a temporary or permanent bar, depending on the nature of the crime.
Unpaid Taxes
Failure to file your tax returns and failure to pay your taxes are two separate acts that can result in a temporary bar. Failure to pay your taxes, of course, is not necessarily illegal as long as you file a tax return. It can be used as evidence of bad moral character nevertheless (including taxes on income earned abroad). You might be able to avoid a temporary bar by paying your taxes late or by making arrangements to pay them.
Failure to Support Dependents
Failure to support dependents can result in a temporary bar. This offense includes failure to pay child support that a family court assesses against you, regardless of whether the court is located in the US or abroad. It also includes failure to support your minor dependents even in the absence of court-ordered child support.
Failure to pay child support without a court order may not be held against you if you are male and you can show, for example, that you were not married to the mother and that you reasonably believed that you were not the biological father of the child.
“Habitual Drunkard”
Strictly speaking, it is not against the law to be a habitual drunkard, even though this condition typically leads to crimes such as DUI. It can nevertheless result in a temporary bar.
Multiple DUI or public intoxication arrests can establish this offense even if the criminal offenses themselves are considered petty offenses. Other evidence, such as the content of a divorce decree or unexplained periods of unemployment, can also be used to establish this offense.
Bride cheating on groom at the altar
Adultery
Adultery, which is not illegal in many states, and which is rarely prosecuted even in states where it is technically illegal, can still result in a temporary bar if it “tended to destroy an existing marriage.” This definition could include, for example, a situation where the applicant is involved in an adulterous relationship that tends to destroy his or her lover’s marriage.
Other Offenses
The foregoing is only a partial list of the offenses that can result in a temporary bar to citizenship. Other offenses that can lead to a temporary bar include habitual gambling, polygamy, illegal voting, prostitution, smuggling of immigrants across the US border, immigration document fraud and providing false testimony under oath. “Purely political offenses” committed abroad that would be legal in the US under human rights standards will not result in a temporary or permanent bar.
If you are a permanent resident seeking US citizenship, your N-400 citizenship application will require you to reveal whether you have ever been arrested for, charged with or convicted of a crime. It’s obviously not good news if you have been convicted of a crime. But will a criminal conviction doom your citizenship application, given that “good moral character” is required for citizenship? The short answer is the least satisfying one — it depends.
More specifically, it depends on the nature of the crime, how long ago it was committed, how old you were when you committed it, and how the crime fits into an overall picture of your moral character. In some cases, the crime won’t affect your application. On the other end of the spectrum, some crimes can not only result in the denial of your application but can also cause you to be deported.
What Constitutes a “Conviction” of a Crime?
Some states offer diversion programs, etc., that are designed to allow first-time offenders to escape being burdened with a formal criminal record. So what does it mean to be “convicted” of a crime for immigration purposes? US immigration law applies a broad definition — you have been “convicted” of a crime if:
- A judge or a jury finds you guilty;
- You pleaded guilty or “no contest” to the offense;
- You confess to the crime or admit to certain facts which, if proven, would prove you guilty of the offense;
- You received a suspended sentence; or
- The court orders some restraint upon your liberty (it requires you to check into a halfway house, for example).
What is an “Automatic Bar”?
No, it doesn’t mean that the USCIS is going to buy you a bottle of champagne to celebrate your application for citizenship.
If an automatic bar applies, it means that the USCIS has no discretion to approve your citizenship application — it is required by law to reject it. Two kinds of automatic bars exist — permanent bars and temporary bars.
Crimes that Result in a Permanent Automatic Bar to Citizenship
Two types of crime result in an automatic and permanent bar to citizenship – murder, and aggravated felony for which you were convicted after November 29, 1990. These crimes also result in deportation. Although the meaning of “murder” is clear, the meaning of “aggravated felony” is more ambiguous and is not dependent on how state law defines the crime. Some examples follow:
- Rape
- Drug trafficking
- Any crime of violence or theft that can be punished by a year or more of incarceration
- DUI (sometimes)
- Sex with a partner who is under the age of consent (18 in some states, including California)
- Money laundering over $10,000
- Income tax evasion of over $10,000
The complete list of aggravated felonies is too long to reprint here, and there is a certain amount of ambiguity among legal authorities as to which crimes do and do not belong on the list.
Crimes that Result in a Temporary Automatic Bar to Citizenship
Certain crimes are defined by US immigration law as “crimes involving moral turpitude.” Conviction of one of these crimes will typically bar you from receiving citizenship for five years after your conviction date (only three years if your permanent residence is based on marriage to a US citizen). If you are convicted of one of these crimes, you will have to wait for the five-year (or three-year) anniversary of the conviction date to file your citizenship application.
Crimes of moral turpitude include (but are not limited to):
- Any crime for which you were incarcerated for 180 days or more
- Any two crimes for which you were sentenced to five or more years of incarceration
- Going to a prostitute
- Fraud and certain other crimes of dishonesty
- Possession of illegal drugs (except small amounts of marijuana)
Remember, the foregoing is a very incomplete list of “crimes involving moral turpitude”.
Exceptions to the Automatic Bar
There are three main exceptions to the automatic bar:
- “Purely political offenses”: If you were convicted overseas for a purely political offense (criticizing the royal family is illegal in certain jurisdictions, for example), this will not be held against you.
- Juvenile offenses: Offenses committed when you were under 18 that are more than five years old will not be held against you, even if the offense would otherwise be considered an aggravated felony.
- Petty offenses: A petty offense is a crime that does not qualify as murder, an aggravated felony or a crime involving moral turpitude. These crimes are usually less serious in nature.
Remember, the foregoing is a very incomplete list of “crimes involving moral turpitude”.
Even If the Automatic Bar Doesn’t Apply…
If you have a criminal record but are not subject to an automatic bar (your crimes were all petty offenses, for example), you are not necessarily out of the woods. Although you are not subject to an automatic bar to citizenship, the USCIS can still exercise its discretion to reject your citizenship application based on the totality of the circumstances. It can even penalize you for arrests and charges that did not result in a conviction.
Suppose, for example, that you were convicted of theft four times in your home country, but you were a juvenile at the time. Suppose further that you were charged with theft as an adult in the US, but the charge was plea-bargained down to a petty offense. Suppose also that you have massive unpaid debts. The USCIS is entitled to conclude that you lack “good moral character” and reject your citizenship application on this basis.
The Bottom Line is…
The bottom line is that it in many cases, it is difficult to predict in advance how the USCIS will react to your criminal record. Your best chance of anticipating their reaction, and fighting back effectively, is to seek the advice of an experienced immigration lawyer.
Looking for more information, check out our naturalization & citizenship guidelines now!
Introduction
Naturalization is the process by which a permanent resident of the United States becomes a citizen. A permanent resident can become a citizen by meeting certain requirements and by filing the N-400 Application for Naturalization along with supporting documentation. The entire naturalization process, from filing the N-400 to taking the Oath of Allegiance, takes 8 to 12 months if everything goes smoothly. Everything doesn’t always go smoothly, however.
Requirements for Naturalization
US immigration law has established the following prerequisites to filing the N-400 citizenship application:
- You must be at least 18 years old on the date that you file your application.
- You must register with the Selective Service if you are required to do so. This applies only to males between 18 and 26.
- You must have been a US permanent resident for at least five years (three years if you have been married to a US citizen during this time).
- You must have lived in your state of residence or U.S. Citizenship and Immigration Services (USCIS) district for the past three months before filing Form N-400.
- You must have been physically present in the United States for at least 30 months out of the last five years (18 months out of the last three years if you have been married to a US citizen during this time).
- You must have resided in the US continuously (generally, this mean that any trips abroad should have lasted less than six months).
- You must have “good moral character.”
- You must demonstrate loyalty to the principles of the US Constitution.
- You must possess a basic knowledge of US history and government.
- You must possess a basic knowledge of the spoken and written English language.
The burden of proof is on you, the applicant, to prove that you meet all of the foregoing requirements.
Special Case: “The Child Citizenship Act of 2000”. This Act bestows citizenship upon eligible persons with at least one US citizen parent (including adopted children) once they enter the United States as permanent residents. Because citizenship is automatically bestowed under these conditions, there is no need to file an N-400 citizenship application. You can appeal an adverse decision under this Act by filing Form I-290B.
Do You Have Any Question Regarding Naturalization and Citizenship Requirements?
The Naturalization Process
The best way to win a citizenship case is to take pains to ensure that your initial application process goes smoothly. Following is a step-by-step guide for permanent residents wishing to become US citizens:
1. Complete Form N-400, Application for Naturalization and pay the $725 filing fee ($640 for the N-400 and $85 for biometrics). You should receive a receipt notice within two or three weeks of filing. If the USCIS considers your application incomplete, it might send you a Request for Evidence or even reject your application outright.
2. Attend a biometrics appointment and submit to fingerprinting, photographing and a background check (for criminal convictions, etc.). The USCIS will notify you of your biometrics appointment within three to five weeks after your N-400 filing date. Your biometrics appointment should be scheduled within two months after your filing date. Take your green card with you to your biometrics appointment.
3. Complete an interview with a USCIS officer. This will involve confirming your English language ability, taking a civics exam and answering questions from a USCIS officer confirming that the answers you supplied in your N-400 application are still true. The citizenship interview should take place about 6 to 10 months after your original N-400 filing date.
After the interview, the officer will give you Form N-652 which will either grant, deny or delay your citizenship application. It could be delayed if, for example, you fail the civics exam.
4. If your citizenship interview was successful, you will receive Form N-445, Notice of Naturalization Oath Ceremony, within one to four weeks after your naturalization interview.
5. Take the Oath of Allegiance to the United States at a naturalization ceremony. If all goes well, this ceremony will take place about 8 to 12 months after your N-400 filing date. After you take the oath, you will be provided with a Certificate of Naturalization. This is your proof of US citizenship.
Request For Evidence
The USCIS may issue a Request for Evidence (RFE) — in fact, about 20 percent of naturalization applicants receive at least one such request. At the very least, receiving one means that the resolution of your citizenship application will be delayed. RFEs are often issued when the applicant forgets to include a required document. It may also request new documentation.
Hypothetical Scenario: You marry a US citizen, obtain permanent residence and take advantage of the fact that US immigration law allows permanent residents married to US citizen spouses to apply for citizenship after only three years of US residence (instead of the usual five years). This is your second marriage, however, and your first marriage took place abroad to a non-US citizen. The USCIS may issue a Request for Evidence demanding that you submit certified divorce records for your previous marriage.
How to Handle an RFE
Following are some tips on how to respond to an RFE:
- Respond as soon as you can without sacrificing the quality of your response. The longer you delay, the longer your citizenship will be delayed, and if you miss the deadline, your application will be considered abandoned and will be consequently rejected.
- Make sure the USCIS receives your response before the deadline printed in the RFE letter. It’s not good enough if it is merely postmarked before the deadline, the USCIS must actually receive it before the deadline.
- If you have a 30-day deadline (for example), the 30 days starts counting from the date appearing on the letter, not the date that you actually receive the letter.
- Provide every document listed in the RFE, as far as possible. If you cannot include one, refer to it and explain why you cannot send it.
Denial of Your Application
Take great care in preparing your application. Under new regulations implemented by the Trump administration, your application can be denied without a Request for Evidence for an innocent error such as failing to include required supporting documentation. Although if your naturalization application is denied you can normally choose to either appeal or simply re-file the application, the government is allowed to keep your filing fee. If you reapply, you will have to pay it again.
Option 1: Appeal the Denial of Your Citizenship Application
You can appeal the denial of your citizenship application, if:
- Your citizenship application was denied by mistake (a clerical error, for example); or
- You can overcome the grounds for denial. Perhaps the officer misunderstood the applicable law, failed to properly consider documentation that you provided or failed to give you enough time to procure necessary documentation, or interpreted an ambiguous legal term (such as “moral character”) in a way that you consider inappropriate.
You can commence the appeal process by filing Form N-336, Request for Hearing on a Decision in Naturalization Proceedings within 30 days of the date the denial was issued. A hearing before an immigration officer (not an immigration judge) should be scheduled within 180 days. The officer has the authority to deny your appeal, overturn the original decision, or conduct a full hearing. You can be required to take the civics or English language exam again, even if you have already taken and passed these exams.
Unfortunately, the N-336 appeal is often nothing more than a rubber stamp in which the officer simply upholds the original decision without a lot of forethought. If this happens to you and you don’t want to give up, the next step is to file a complaint in federal court. The federal judge is not under the authority of the USCIS and is entitled to make an independent decision based on facts and law. You may even get a trial.
Option 2: File a Brand-New Citizenship Application
Filing a new citizenship application might make more sense than filing an appeal if:
You missed the 30-day deadline for filing an appeal.
- Your application was refused for missing documentation that you will need more than 180 days to obtain.
- You failed the civics or English language test, and all you need is a little time to learn enough to pass these exams.
- Your application was denied because the USCIS decided that you lacked “good moral character” (Since you only have to show good moral character for the last five years if you wait long enough, your chances could improve).
- Your application was denied because you failed to maintain continuous residence in the US after you obtained permanent residence. You could become eligible for naturalization again by waiting a few years to re-establish a continuous residence in the US.
Keep in mind that if you file a new citizenship application that looks exactly like your previous one with no change in circumstances, it is likely to be denied for the same reason that the first one was.
The Danger Zone: Aggressive USCIS Action Triggered by a Citizenship Application
In some cases, the denial of your naturalization application could lead to revocation of your permanent residence and even eventual deportation from the United States. Observe the following precautions to avoid giving the USCIS an excuse to not only deny your citizenship application but perhaps also revoke your permanent residence and even deport you:
- Register with the Selective Service if you are legally obligated to do so.
- When you apply for permanent residence, make sure that your application contains no false statements and no omissions. If you are asked to provide your criminal record, for example, do not omit an arrest simply because it did not result in a conviction.
- Avoid criminal activity. Even an arrest that does not lead to a conviction could cause you problems. Not all arrests or convictions will result in the denial of your citizenship application, but some can result in not only denial of your citizenship but also revocation of your permanent resident status and even deportation.
- Make sure that your N-400 citizenship application contains no omissions or inaccurate statements. Suppose that the USCIS runs your biometric fingerprinting results through a database and discovers that you were arrested for a crime that you did not report on your citizenship application. This will cause you problems even if you were acquitted of the crime because you failed to report the arrest.
- Pay your taxes on time. If you can’t, try to compromise with the tax authorities to show the USCIS that you are at least making an effort.
- Do your best to keep up with any child support payments you have been found liable for.
In a nutshell, do everything you can to avoid giving the USCIS an excuse to deny your citizenship application or take action against you.
Worst-Case Scenario: Post-Naturalization Revocation of Your US Citizenship
Not everyone realizes that the citizenship of a naturalized citizen can be revoked easier than the citizenship of a birthright citizen. If the United States attempts to revoke your citizenship, you need to fight it, because if the attempt is successful, you could be deported. Because citizenship is revoked retroactively, if you sponsored any of your family members based on your own citizenship, they could be deported as well.
Some of the Grounds for Revocation
Some of the offenses that can justify revocation of citizenship include:
- Making false statements or omissions on your citizenship application by “willful concealment or material misrepresentation” (by far the most common reason for citizenship revocations);
- Becoming a member of a “subversive group”; or
- Receiving a dishonorable discharge from the military, if your citizenship was derived from your military service.
Fighting Back
Revocation of your citizenship is not automatic once you have been charged. Suppose, for example, that you failed to mention a previous arrest on your N-400 application because you were eventually acquitted of the crime. You might have room to argue that you sincerely believed that only an actual conviction needed to be reported. You might also argue that a particular group is not actually “subversive”.
A federal court will have to hear your case, and you will be entitled to a full hearing where you can present evidence and call witnesses. You will also have the right to appeal the revocation decision to a federal Court of Appeals.
Your Chances of Victory
All told, there are many ways to win a citizenship case. A lot depends on the specific facts of your case, however — and no two cases are exactly alike. Although there can be no ironclad guarantees, the better you understand US immigration law, the better your chances will be. Moreover, the quality of your legal representation often makes a decisive difference.
Client: Adult Female Polish Immigrant
Client’s Country of Origin: Poland
Case Type: N-400 Application for Naturalization
Date of Application: March 25, 2013
Date of Approval: June 21, 2013
Background:
Our client wished to become a U.S. citizen after years of holding her green card (permanent resident status). We were therefore retained to help her legally become an American. To achieve that end, we completed and filed an N-400 Application for Naturalization to the United States Citizenship and Immigration Services (also known as U.S.C.I.S., a branch of the Department of Homeland Security, commissioned to examine and appropriate immigration benefits).
Challenge:
Though the application for naturalization may appear straightforward, any wrong answer could incur serious consequences. Should you find yourself confused by the extensive questions in the application, do not hesitate to call us for help. We will offer reliable and timely help for your specific case during our consultation appointment.
Action:
Herman Legal Group helped our client prove that she met all criteria to be naturalized. That is, according to all criteria stated in the form, she deserved to be granted citizenship after completing the application process. Установка программы со слотами на устройство с системой Android требует выполнения определенных действий. Первым делом, потребуется перейти на основной сайт и кликнуть на соответствующий раздел. Здесь можно просмотреть описание мобильной версии и загрузить установочный файл. Как только завершиться скачивание программы казино онлайн pin-up-casino.win/reg Пин-Ап Россия, файл пройдет проверку на вирусы. Затем клиент сможет завершить установку приложения казино Pin-Up Россия. В процессе распаковки, потребуется разрешить установку с неизвестных источников. Завершив данные действия, игрок сможет приступить к игре.
Result:
Within three months, our client took her oath and became a U.S. citizen.
Client: Adult Female Non-U.S. Citizen Living in San Diego, California
Client’s Country of Origin: China
Case Type: N-400 Application for Naturalization (Application to File for Citizenship)
Date of Initial Application: December 20, 2005
Date of Our Letter to U.S.C.I.S: January 2008
Date of Oath Ceremony: July 23, 2008
Background:
Our client filed her initial application for citizenship three years prior to retaining Herman Legal Group. She passed the U.S. history test and all other tests at the interview. The U.S.C.I.S. (the United States Citizenship and Immigration Services, a branch of the Department of Homeland Security responsible for distributing immigration benefits, including status and citizenship to eligible individuals) had asked our client for more documents. She sent all the files requested by the officials, however, she received no more notices. Eager to take her oath, she hired Herman Legal Group to resolve the matter.
Challenge:
An immigration system is a large machine of many parts. Unfortunately, sometimes through no particular person’s fault, simple or even approved cases become inadvertently ignored due to the sheer volume of applications to review. In this case, do not hesitate to contact a trustworthy immigration attorney to resolve the matter for you.
Action:
We contacted U.S.C.I.S. on behalf of our client in order to get her case picked up again for the oath ceremony.
Result:
Our client is now a U.S. citizen, entitled to many protections and free from immigration status.