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HOUSTON IMMIGRATION ATTORNEY’S FAQ

NATURALIZATION & DERIVATIVE CITIZENSHIP FAQ's

1. What is Naturalization and other ways to become a U.S citizen?

There are three ways in which a person may be a U.S. citizen. First, if the person was born in the United States or its territories, such as Guam, Puerto Rico, the U.S. Virgin Islands, and the U.S. Polynesian Islands. U.S. citizenship may also be derived from parents who are U.S. citizens. Under the Child Citizenship Act of 2000, effective as of February 27, 2001, any child that were born to a U.S citizen parent, or adopted children, that were under 18, lived under the care and protection of that parent, is a United States citizen. Prior to that date, February 27, 2001, both of the child’s parent must be U.S. citizens prior to the child turning 18 in order for that child to be a U.S. citizen. Lastly, a foreign national may also become a U.S citizen though naturalization. Naturalization is a process in which a foreign national who is currently a permanent resident, a green card holder, applies who become a United States citizen.

Should you have any questions regarding your immigration matters, please contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

2. What are the requirements to be naturalized?

To apply for naturalization, you must meet various requirements. First, you must demonstrate that you have maintained continuous permanent resident for at least 5 years, or 3 years if you married a U.S citizen. In addition, you must show that within the past 5 years, you have not traveled outside the U.S. more than ½ of the time. The same applied if you are married to a U.S citizen. Also, you must meet the in state residency status for at least three months. That is, at the time of filing, you must have lived in the state in which you intending to file your application for at least three months. Moreover, you must demonstrate that you have good moral character and is not a person that is removable. A permanent resident may not have good moral character if he/she committed a crime that negatively reflect on her moral character, such as a theft crime. A person may also be removed from the United States if he/she committed a crime that is considered a crime involving moral turpitude (CIMT) or committed an aggravated felony under the Illegal Immigrant & Immigrant Responsibility Act (IIRIRA) of 1996. Please see more on this below. Finally, the applicant must demonstrate that he/she has attachment to the U.S constitution by passing the English (oral and written) exams, and the civic exam, which contains information regarding the U.S. Constitution and government. The requirements, as described, can be confusing and difficult. If you intend to apply for naturalization, you should obtain legal representation from an experienced immigration attorney at Pham & Cloves, PLLC or another reputable attorney. The experienced Houston immigration attorneys can walk you through this difficult area of immigration law.

Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Pham & Cloves, PLLC at 713-492-0337.

3. Why should I get naturalized?

Many U.S citizens neglect their civic duties and do not vote during local and national elections. This is a privilege in which a democratic society enjoys, but is often a right in which most countries do not afford to its citizens, or that the votes are a sham in which there is only one party that is running for the position, and the only official that is on the ballot is an candidate that was proposed by that same party. As an American Citizen, you would have the opportunity to exercise your vote and elect an official in which you feel best represent your community and believes.

Besides political reasons, an alien in the U.S. (irrespective of whether you are a non-immigrant worker or a permanent resident) will only be fully protected by federal laws if you were naturalized to be U.S. citizens. Every nation, including the U.S, has its right as a sovereignty nation to regulate its aliens, including permanent residents. Thus, all aliens in the U.S are restricted by whatever law that is passed and reside in the U.S at the whim of the government. In this increasingly xenophobic era in which harsh penalties and regulations are placed on aliens, such as IIRIRA and the U.S Patriot Act, naturalization becomes a necessity in which all aliens must attain to afford equal protection under the U.S Constitution. One would understand the increasing difficulties and restrictions placed by recent laws and regulations if he/she travels abroad and return to the U.S. and having to go through the port of entry.

Lastly, some public benefits are only afforded to U.S. citizens. For example, if you are terminally illed and/or over the age of 65, federal law only allows a permanent resident to enjoy SSI for a length of 7 years. Subsequently, SSI and Medicare may not be available unless you become a naturalized U.S. citizen. Because of the failing public health system in the U.S., this is one of the primary issue why many permanent residents seek to be naturalized to become a U.S. citizen.

Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

4. Are there any exceptions to the English and Civic Exams requirements?

Yes, there are four exceptions to the testing requirements. First, if you are a permanent resident for at least 20 years and that you are at least 50 years of age, you are waived from taking the English exams. In addition, you may take the Civic exam in your native language. You may have a translator accompany you to the interview. The translator may also be your relative, such as your spouse and children. The person will have to swear to translate accurately and exactly what the officers are asking. Second, if you are a permanent resident for at least 15 years and that you are at least 55 years of age, you are also waived from taking the English exams. Also, you may take the Civic exam in your native language and to have a translator accompany you in your interview. Third, if you are 65 years of age or over, and does not meet the years of requirements above (i.e. at least 15 years as a permanent residence), you may take the simplified English and Civic exams in which only very rudimentary questions will be asked. Lastly, if you have a medical disability that would prevent you from learning or retaining information, as specified under the DSM IV, you may be waived from any test at all.

Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

5. What is Medical Disability Waiver, N-648 Application?

Form N-648 is a form in which a qualified physician fills out to determine that the naturalization applicant (the patient) has a medical disability. Because of the recent surge in the last few years of fraudulent applications, the USCIS are very wary of certain doctors and have barred N-648 applications from some unscrupulous doctors. The qualified physician must file from N-648, showing your illness, testify to the etiology of your illness, the length of such illnesses, the treatments, and his or her qualifications as a physician. Common illnesses in which a person may qualify under the Medical Disability Waiver includes amnesia, psychiatric illnesses (chronic depression, mania, bi-polar, schizophrenia), dementia, and post-traumatic stress disorder (PTSD). Contrary to the beliefs of most immigration attorneys who are not specialized in this area of law, and including some naturalization officers, a qualified doctor, or ailment, does not need to be a psychologist or a psychiatrist. So long as the doctor has experience in that particular field, such as an emergency doctor who has training and experience in many psychological illness patients, may be qualified to fill out form N-648. Additionally, some illnesses, such as strokes or terminal cancer, may also prevent certain applicants from learning because of the radiation and medications. These are conditions that are medically induced symptom that would prevent an individual from learning. You should consult an immigration attorney that has extensive experience in medical disability waiver because the requirements are strenuous. In addition, any application that was filed as a fraud may bar the applicant from obtaining any benefits from the USCIS and may make such person a removable alien.

A derivative citizen obtained his or her citizenship through the parents. As stated above, a person may derive his or her citizenship if prior to the age of 18, both parents were U.S. citizens and the person was under the custody and care by these parents before the age of 18. In addition, if the person was under 18 on or after February 27, 2001, then only 1 of the parent had to be a U.S. citizen. The derivative citizen may file form N-600 to obtain a “Certificate of Citizenship.” Once you have received the Certificate of Citizenship, you may use this document to file an application to obtain your U.S Passport. On the other hand, to be a naturalized citizen, you would have had to follow the procedures above in filing for naturalization. If successful, you would receive a “Naturalization Certificate.” Again, you may use the Naturalization Certificate to file for a U.S Passport. Both derivative and naturalization categories receives the same rights as a native born U.S citizen, with the exception that only a native born U.S citizen may take office as a President. Finally, the only difference between the naturalized citizen and a derivative citizen is that, as the name suggested, the derivative citizen derived his citizenship from his or her parent(s). So, if the USCIS revoked the parent’s citizenship at a later time, such as if the Service determined that the parent’s naturalization application was a fraud, then the Certificate of Citizenship would also be revoked.

Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

7. If I am a child of a U.S military service personnel, am I a derivative U.S citizen?

This is a very confusing question is very common among military service personnel and their children resulted from the union of a U.S. service person and a foreigner abroad. As stated earlier, if the child was born after February 27, 2001, and is under the care of the U.S. citizen (including the service person), then the child is a U.S. citizen, irrespective of whether the U.S. citizen parent is the father or the father. Prior to this date, however, Section 309 of the INA treats children of a U.S. citizen mother out of wedlock differently from those of a U.S. citizen father whose child was the result of the union with a foreigner, out of wedlock, abroad. Prior to February 27, 2001, a child of a U.S. citizen mother that was born abroad, out of wedlock, is a derivative citizen. On the other hand, the child of a U.S. citizen father who was born out of wedlock must demonstrate:

(1) Clear and convincing evidence of a blood relationship between the child and the father. This is a factual basis question. In this technological age, DNA testing may be used. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

(2) In addition, before the child reaches 18 years of age, one of the following events must take place: (a) the child must have been legitimated under the law of his or her residence or domicile; (b) the father must acknowledge paternity of the child in writing under oath; or the paternity of the child must be established by adjudication in a competent court; and (c) the father must have agreed in writing that he is willing to support the child until the age of 18.

This is confusing and to most lay persons, or attorneys for that matter, it does not make sense and difficult to understand. However, the Supreme Court have held under INS v. Nguyen that this unequal treatment of based on gender meet the scrutiny of equal treatment under the Constitution. The result of this arbitrary decision was Congress passing the Child Citizenship Act of 2000. Unfortunately, the Act is not retroactive and thus cannot be applied toward children that have already reached the age of 18 before the effective date of February 27, 2001.
Should you have any questions regarding your immigration status, please contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

8. What is the naturalization application process?

The application for naturalization process begins when you consult with our Houston Immigration Attorneys and our Orange County California Immigration Lawyers regarding your qualifications. Depending on whether you were married to a U.S. citizen spouse or whether you obtaining your permanency through employment or other family based petitions, you may be able to naturalized after 3 years of obtaining a green card or five years, respectively. Once Houston Immigration Lawyers obtained necessary documents, we would prepare a detailed cover letter, stating the law, the facts of your case, and how you are qualified to be naturalized. The attorney will also gather appropriate documents, checks, forms, and pictures and categorize them into exhibit, which we would use to demonstrate that you have met all the qualifications. Once this is done, our Orange County immigration attorneys would file the petition with the District Office where you reside.

Approximately after 4-6 weeks from receiving the application, the USCIS will provide the applicant a receipt notice, which has the casse number (receipt number) applicable to the application. About 8 weeks after receiving the notice, the USCIS will schedule a time and date for the applicant to get finger-printing (which is called biometrics). Currently, the Service will proceed to provide interview for naturalization applicants even though their back-ground check is still pending with the FBI. However, the Service would not issue an approval notice and provide a date for the candidate to take the oath ceremony until the background check has been complete.

Should you have any questions regarding your naturalization qualifications or pending application, please contact the experienced immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.