Viles Law Firm P.C.
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Naturalization

United States Citizenship occurs in one of three ways: birth in the U.S., birth to one or more citizen parents, the naturalization of a parent, or naturalization of a greencard holder. Our clients often face issues of prior criminal convictions, tax evasion problems, or the inability to speak the English language. Depending on the facts of a client’s individual case, we will either move forward with the challenges of a naturalization application or, if we feel it is in the best interests of a client not to naturalize, we will so advise.

Acquisition of citizenship through birth to one or more citizen parents, or through the naturalization of parent is not always as clear cut at it sounds. The answer often depends on which set of naturalization laws applied when you were born. The evidence required is often extensive.


Citizenship

 
Example Number One:
Juan has been a permanent resident (greencard) for 5 years. Juan is 70 years old and has never learned English. He has health problems. Juan has begun developing Alzheimer’s Disease and is taking medication for other problems which make him drowsy. His medications and early onset Alzheimer’s have resulted in his becoming very depressed. Juan’s daughter first took him to a doctor who filled out the forms for the English language waiver. The doctor, unfortunately, is a good doctor but a bad lawyer. The doctor did not know exactly how to write the information for the immigration service. Juan then went to a lawyer who knew how to write the information for the immigration service. Juan became a U.S. citizen and is now entitled to social security benefits.

 

Example Number Two:
Melissa has had a greencard for 8 years. She also has a criminal record. She has been arrested for drunk driving, shoplifting, and burglary. The immigration service denied her naturalization application because of her criminal record. However, the immigration service failed to consider that one of her cases had been dismissed and another one did not have a jail term. The immigration officer just saw a criminal record and denied the case to make his own work easier. Melissa found a lawyer who appealed her case. She is now a U.S. citizen and applying for her fiancée back home.
When a greencard holder applies for naturalization, he must be able to speak and read English, be able to show he knows something about U.S. history, and not have a bad criminal record. However, we are often able to obtain citizenship for people who know no English and who have a criminal record. Permanent Residents with criminal convictions should seek professional legal advice before applying for naturalization. A naturalization officer has the right to deny your Application for Naturalization and send your case to the immigration court for deportation proceedings for certain crimes.

If you have applied for naturalization and gone through your first interview, the immigration service is required to give you an answer within 120 days of the interview. You have the right to take your naturalization case to federal court when the immigration service delays your answer beyond day 120.