AREA OF EXPERTISE

US Citizenship Application

Getting the Citizenship of the United States is usually the ultimate step for someone living in the United States lawfully. It is one of the most sought after goals that most lawful residents have. It is one of the final steps in fully acquiring the so-called American dream.
The Victoria Law Group has helped several individuals, in multiple categories, complete their citizenship application, and successfully achieve their U.S. citizenship. It is the embodiment of our motto: “We help great people achieve the American Dream.”
If you are considering applying for U.S. citizenship, please do not hesitate to contact us.

TOP TEN
US Citizenship Application Questions

“We help great people achieve the American Dream.”

Top 10 Questions about US Citizenship Application

If you are interested to apply for a United States citizenship, make sure that you are eligible. To check your eligibility, the following are some of the things that you should have to prove:
  • That you have a lawful permanent resident status. This should be for a period of at least five years. When the requirement says lawful, it means that you must have entered the United States legally and you must have acquired a permanent resident status already. This requirement does not apply to those who acquired their green card as spouses of United States citizens, spouses of United States military personnel, refugees, those who are in asylum, and the like;
  • That the applicant must have lived in the United States continuously for at least five years prior to the application. Keep in mind that you should not have spent more than one continuous year outside of the United States;
  • That the applicant must have been physically present in the United States for at least half of the five years prior to the filing of the application. A good rule is that you must have lived permanently in the United States for five years and have lived there for at least 4 years and 6 months prior to the application. It is better to have at least a little buffer on the periods as the Immigration Officer would want to see that you have at least complied with the minimum period set by law;
  • That the applicant has lived in the District or on the State where he/she is filing his/her application for at least three months prior to the application;
  • That the applicant is at least 18 years of age or at the age of majority and has good moral character as evidenced by documentation of his/her good deeds or the lack of criminal conviction;
  • That the applicant must know how to converse properly in American English. There are a few exceptions here but the officers who will assess your case will not take it lightly if you cannot speak English;
  • That the applicant has passed the test that covers the United States history and the United States government; and
  • That the applicant has shown willingness to swear his/her allegiance to the United States Constitution.
There are also some special naturalization provisions which individuals may use to not go through the process of naturalization. The following are these circumstances:
  • Individuals who are spouses of United States citizens may not need to wait for five years to get citizenship naturalization. The period is decreased to up to three years prior to application of the individuals.
  • The spouses of United States citizens who are stationed abroad do not need to meet the required physical presence or residency
  • Members of the military who served the country during periods of conflict may be admitted and considered as eligible even if they are under the age of 18.
  • Members of the military who served for at least one year and apply for naturalization after their military service are also exempt from the residence requirements as well as the physical presence requirements
The process for application for a US Citizenship is a long one. It begins the moment you decide that you want to become an American citizen. It takes a long time, a lot of resources, and definitely a lot of commitment. If you want to know the steps that are usually taken by those who are in the process of application, you may check out the following steps:
  • You should first determine your citizenship. Are you not already a United States citizen by birth? Keep in mind that if your parents are United States citizens, you are a US Citizen and you have all of the rights and privileges that come with that birthright.
  • You should determine if you are eligible to become a United States citizen. There are quite a few requirements that individuals must check if they would decide to apply for naturalization.
  • You should prepare Form N-400. You should prepare your application for naturalization. It is a free form and it is available online. To properly prepare the N-400 form, make sure that you do the following:
    • Collect all of the necessary documents
    • Make sure that you have 2-passport style photos taken and ready for attachment.
    • Use our document checklist to make sure that you collect all of the required documents.
  • Submit Form N-400. Pay The Fees. The important thing is that you pay the fees. You may do this online. After submission, you can check the processing times and even your case status online. USCIS will also contact you in case they need further information from you
  • Biometric Screening and Appointment Make sure that you take biometrics properly on the appointment date, time, and location. Do not be late and make sure that you have identification ready before entering the USCIS. Once you reach this point, you are already on the latter part of the application and you should expect more face to face screenings.
  • Take The Interview. The next step is the interview. You should complete the interview and make sure that you do not miss out on any of the facts that you put on your application. The interview is a fact checking system of the USCIS and they may ask you any question that may or may not be related to your application. However, you can be sure that the questions will be all about you and your application. Report to the USCIS office at the time and date of your appointment notice. Make sure that you bring the appointment notice with you as well as your identification.
  • Wait. The next step after the interview is to wait. The process may take a long time or it may be quick, depending on the officer assigned to you and the uniqueness of your situation.
  • You Will Receive A Decision Via Mail A notice of the decision will be sent to you. If you filed the Form N-400 online, you may also access the decision on your account online. There are three different decisions that you may receive from the USCIS:
    • GrantedYour application may get granted and approved. Once you receive this decision, you should know that the USCIS agrees that you are eligible for naturalization.
    • Continued. USCIS may eventually need more documentation for you to provide. They may ask you to take your exam again, get an interview scheduled again, or to submit further information about you and your application. This is not a form of denial but it means that USCIS is giving you a chance to make sure that you comply with the requirements.
  • Take Your Oath of AllegianceTake the oath of allegiance at the naturalization ceremony. This is not a mere ceremony but take it as one of the final steps that you should take before you become an American citizen.
  • Understand Your Citizenship. The best thing that you can do to keep your citizenship is to understand it. Understand your citizenship and what the United States government expects from you so you do not end up losing the citizenship that you worked hard for.
No, you do not lose your original citizenship when you apply for a United States citizenship. The laws of the United States do not require a citizen to give up their original citizenship. Individuals can be considered as a dual citizen. They can enjoy the rights as well as they also have the obligations that come with either of their citizenships . If you want to become a United States citizen as long as you comply with the rules, you can be eligible. As long as the USCIS determines that your eligibility for citizenship is legitimate, there is no need to give up the original one that you currently hold.
When you travel abroad, you may use either your United States passport or the passport from the other country. However, keep in mind that there are countries that require their citizens to give up their citizenship upon acquiring a new one. This one is not to impose sanction on the individual but is a policy that only the countries can answer. Check out your country of origin’s rules before making any decision that may affect your citizenship.
Naturalization is a process of acquiring a country’s citizenship. According to the USCIS, “naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).” There are different requirements for naturalization and there are also special naturalization provisions where some individuals may obtain United States citizenship even without going through the normal requirements.
Yes, you may still lose the United States citizenship that you gained through the process of naturalization. If you lose your United States citizenship, it is said that you have been expatriated. According to the Immigration and Naturalization Act, if you are a United States citizen, you may lose your citizenship whenever you voluntarily perform acts that show your intention to relinquish your United States nationality. A lot of experts would say that the keyword here is intention. Did you intend to do the acts to show that you no longer have the best intentions for the United States of America and that you already have your loyalty placed somewhere else? Of course, doing the acts required to relinquish one’s citizenship means giving up his loyalty to the United States but it does not mean that the presumption cannot get rebutted. Section 349(b) of the Immigration and Naturalization Act provides that “any person who performs, with intention to relinquish his or her citizenship, the actions is presumed to have done so voluntarily” This presumption may get overturned through a court process by a petition filed by the person said to have relinquished his allegiance. The law further states that “the person may rebut the presumption of voluntariness with a showing, by a preponderance of the evidence, that the actions he or she performed were not done voluntarily.”
There are seven types of conduct that may be considered as relinquishing your nationality and they are mentioned in Section 349 of the Immigation and Naturalization Act. The following are the acts that you should not perform if you do not want to lose your citizenship:
  • When you apply for naturalization in another country and you are already in the age of discernment which is 18 years old. This act shows that you no longer have your loyalty to the United States and that you are already of the right age to make a decision.
  • When you make an oath of allegiance to a foreign country and you are already in the age of discernment which is 18 years old.
  • When you serve in the military of another country that is engaged in hostilities against your home country, the United States.
  • When you serve in a foreign government position that requires you to give up your nationality and loyalty to the United States
  • When you make a formal renunciation of your citizenship to a consular officer based outside of the United States.
  • When you get convicted of the crime of treason or any attempt to overthrow the United States government.
There is also a process called denaturalization. The process of denaturalization happens when the United States Citizenship and Immigration Services (USCIS) determines that the documents you have submitted are fraudulent or have been forged. It also happens when, upon determination of the USCIS, the individual committed illegal activities in his naturalization process. The USCIS have all of the power to revoke a citizenship they granted through naturalization when proof shows that there has been fraud committed in the process
The documents that you need to present vary in the beginning process, in the interview process, and in the oath taking process.
When you begin your application for a United States citizenship, you will be required to submit Form N-400. Form N-400 is the Application for Naturalization Form. With the Form N-400, you should accompany it with the following documents
  • Proof of Your Green Card. This is your Permanent Resident Status. You need to present it to show that you are eligible for your application. Every applicant needs to submit this one, regardless of his category
  • Proof Of Payment Of Your Application. Keep in mind that you are also paying a fee for your application, you may submit proof thereof through the following:
    • Personal check – with your application number printed on the back;
    • Money order – with your application number printed on the back; and
    • Credit card authorization form
  • Proof Of Your Current Marital Status. You also need to prove your current marital status by showing the following documents
    • Marriage certificate
    • Divorce papers
    • Annulment certificates
    • Death certificates; and
    • Other official records that prove your marital status.
  • Proof of IdentityYou should also show proof of your identity if you are currently abroad at the time of the application.
  • Proof of Military Service. You should be able to present proof of your military service as well if you fall under that category.
  • Proof of Mental Disability.
  • Request for Representation.
  • When you are already in the naturalization interview process, you need to present the following documents:
  • Proof of Green Card Holder
  • State-Issued Certification
  • Travel Records
  • Proof of Current Marital Status
  • Proof of Official Name Change.
The general rule is that you cannot apply for United States Citizenship from Abroad. Continuous residence in the United States is a requirement of physical presence in the country. It means that the applicant has maintained residence within the United States for the required period of time as required by the USCIS.
Applicants must show that they have resided continuously in the United States for five years before applying or that they resided continuously in the United States for three years, in the case of qualified spouses of U.S. citizens.
Of course, there are a few exceptions to this. The exceptions that you may fall under if you are applying for a United States citizenship, may be found in Section 316 paragraphs (b), (c), and (f) of the Immigration and Nationality Act.
Section 316 allows for certain exceptions to the continuous residence requirement for those applicants working abroad for:
  • The United States government, including the Military – Individuals who serve the military have a tendency to get assigned in a new place. If you are working in the military, the USCIS waives the continuous residency requirements.
  • Contractors Of The United States government – these individuals may also be exempted from the residency requirements. This would also include the following individuals: a recognized American institution of research, a public international organization, as well as an organization designated under the International Immunities Act
If you have to work abroad, you may seek to preserve your continuous residence for naturalization purposes while employed abroad. You just need to file Form N-470, Application to Preserve Residence for Naturalization Purposes with USCIS.
Yes, there is a United States citizenship test. The United States citizenship test is part of a two-part naturalization test. The first part is an English test while the second one is a civics test.
For the English test, the applicant is assessed on his/her ability to read, write, and speak in the language. For the Civics test, the applicant is evaluated on his/her knowledge of the United States history and government.
You should expect that your test will be tedious. Expect that the interviewer will want you to speak English properly, understand what you are talking about, and write in English. Hence, the English test is composed of three parts – a speaking test, a reading test, and a writing test.
Given today’s technology, the reading and writing tests will be conducted using a digital tablet. There will be an immigration officer who will show you how to use it before you begin. The writing test is specific; he must write one out of three sentences correctly as the immigration officer reads each sentence aloud to you.
For the speaking test, you should expect an interview. Where your answers and the way you answer will be tested.
For the Civics component, you should be able to demonstrate that you have sufficient knowledge and understanding of the United States history and government. You should answer at least six out of the ten questions correctly. As long as you are able to answer six questions, you should be good.
Every naturalization applicant is required to take both components of the exam. They are also given two tries to try and pass the exam. Should he or she fail twice, it may get harder to reapply in the future.
Every interview is unique, but you can be sure that the interviews will always have some commonality. The common interview questions depend primarily on the category you are applying for. However, when you answer the questions, you are being tested not just on your answers but also on the way that you answer. This is a part of your English speaking test.
Common Interview Question For All Applicants: Your interview begins the moment you enter the interview room and get sworn in for your statements:
  • How are you?
  • How are you feeling?
  • How are you doing today?
  • Do you promise to tell the truth and nothing but the truth, so help you God?
  • Do you understand what an “oath” means?
  • Are you ready?
Basic Personal Information There are also some basic personal information that you should not have a hard time answering:
  • What is your name?
  • Have you used any other names?
  • Do you want to legally change your name?
  • Have you ever used an alias?
  • When is your birthday?
  • Where were you born?
  • What is your race?
  • How tall are you?
  • What is your favorite food?
  • What color are your eyes?
  • What color is your hair?
  • Do you know your parents?
  • What is your mother’s name?
  • What is your father’s name?
  • Is your mother or father a U.S. citizen?
  • When did they become U.S. citizens?
  • Were they married before you turned 18 years old?
  • How many children do you have?
  • What are their names?
  • Where were your children born?
  • Where do they currently live?
  • Is your child your biological child, stepchild, or adopted child?
  • When are their birthdays?
  • How many more children do you plan on having?
  • Do you have stepchildren?
Marriage Based Applications If you applied for citizenship through a marriage based application, you should expect the following questions:
  • Are you currently single, married, divorced, or widowed?
  • What is the name of your current spouse?
  • When and where were you married?
  • Is your spouse a U.S. citizen?
  • What is your spouse’s country of citizenship or nationality?
  • When is your spouse’s birthday?
  • Is your spouse in the military?
  • What is your spouse’s current job?
  • Where does your spouse currently work?
  • How many times have you been married?
  • When did your previous marriage end?
  • How many times has your spouse been married?
  • How did your spouse’s marriage to their previous spouse end?
  • Which side of the bed do you sleep on?
You should expect that there are also other questions that you will get asked. Be as truthful as possible when dealing with the questions because you have to face the reality that the USCIS probably already know the answers, they just want you to also tell them. Everything you say is under oath so there is no sense in lying or hiding facts. This will not help your case.
The answer is yes, but there is no guarantee of your chances. In the United States, there are two types of family based visas. There is the immediate relative visa and there is also the family preference visa. The number of immigrants in every category is limited for every fiscal year. To help your chances, it is better to file an immigrant visa petition as individuals and then apply for citizenship after getting your green card.
However, if you are the spouse of a military serviceman, there are different requirements that you can comply with and you may also petition as a spouse as well as for your children. The spouses and children of United States service members may be eligible for overseas naturalization. The process may also be eligible for expedited processing depending on the circumstances. When the service member receives an order for changing of permanent stations, the military spouses who are on their active-duty spouse’s Permanent Change of Station (PCS) orders may get preferential and expedited processing.

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