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How can you apply for citizenship if you have a green card? Naturalization and form N-400

10/24/2015

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How can you apply for citizenship if you have a green card? Naturalization and form N-400

Legal Permanent Residents ( green card holders)  can acquire U.S. citizenship through naturalization.  Legal Permanent Resident can apply for naturalization by preparing form N-400, the application for naturalization.  Naturalization is the process where U.S. citizenship is granted to a foreign citizen (alien)  after fulfilling certain requirements.   

You May Qualify for Naturalization IF:

You have been a permanent resident for at least 5 years, AND

You meet the following requirements in order to apply for naturalization:  

Be 18 or older at the time of filing

Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization

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

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

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

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

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

Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law. 

You May Also Qualify for Naturalization IF:

You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen AND, 

You meet the following requirements in order to apply for naturalization: 

Be 18 or older

Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization

Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application.

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

Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application. 

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

Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application. 

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

Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law.

Christopher Tompkins is a New York City Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years  in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363.
website:  http://www.ny-immigration-lawyer.net/
Email: [email protected]. 

Visit the Office on Facebook at :www.facebook.com/NewYorkCityImmigrationLawyer
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What is Adjustment of Status and  Form I-485?

10/4/2015

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What is Adjustment of Status and  Form I-485?

The immigration law allows an intending immigrant to apply for permanent residency while already present in the United States provided that an immigrant visa is available. This is called Adjustment of Status and is a substitute for what is supposed to be the normal procedure of applying for an available immigrant visa outside of the United States at a U.S. consulate. 

An immigration visa may become available based on a diversity visa selection, an employment based category approval, or based on an approved family relationship based on an I-130 petition.  If anyone of these applies, an intending immigrant alien  may adjust status using the I-485 application while present in the United States provided there are no bars to admission.  A bar to admission could be based on criminal grounds, health grounds, or a prior unlawful presence.    In some cases, a waiver of admissibility may be available.  But this is not covered here and a New York immigration attorney should be consulted regarding bars to admission and waivers. 

An immigrant visa based on a diversity visa selection is one that allows for adjustment of status.  The Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants,” from countries with historically low rates of immigration to the United States through a lottery system.   If an alien foreign national is selected by the diversity lottery, he or she may adjust status using the I-485 application if already legally present in the United States. 

An immigrant visa can also become available based on employment if the alien qualifies under an employment based category after petitioning with form I-140 and in most cases, labor certification is obtained. There are multiple employment based categories that an alien foreign national may qualify for to have an immigrant visa become available.   But this is not covered here and a New York immigration attorney should be contacted. 

An immigrant visa based on a family relationship is available to immediate relatives of U.S. citizens right away  provided the relationship is established after approval of  petition for alien relative, I-130.   Because an immigrant visa is available right away to immediate relatives, an I-130 petition may be filed simultaneously with the I-485 adjustment of status application for the immediate relatives of U.S. citizens.  Immediate relatives of U.S.  citizens are a spouse, unmarried child under the age of 21, and a parent.  For parents, the U.S. Citizen must be over the age of 21.  Unmarried Stepchildren under 21 qualify as immediate relatives so long as the marriage to the biological parent of the stepchild took place before the stepchild turned age 18. 

An immigration visa may also become available based on a relationship to a legal permanent resident which is limited to a spouse and an unmarried child under age 21.  


All of these relationships have to be proven with the appropriate documentation such as birth certificates, and marriage certificates among other things. A New York immigration lawyer should be contacted about what documents will provide sufficient proof. 

Christopher Tompkins is a New York City Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years  in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363.  Email him at:  [email protected].  
Visit the Office on Facebook at www.facebook.com/NewYorkCityImmigrationLawyer
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    Attorney Christopher Tompkins has been practicing Immigration 
    Law since 1994

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