HOUSTON TEXAS IMMIGRATION ATTORNEYS

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Naturalization (U.S. Citizenship Applications) & Waivers 

There are four ways in which a person may become a U.S. citizen.  A person may be U.S. citizen if he or she is born in the 50 U.S. states or its territory.  Those that are born in the U.S. territory, such as Guam, Puerto Rico, U.S. Virgin Islands, Indian reservations, and the U.S. South Pacific Islands, must take the oath after the age of 18 to be recognized as a U.S. Citizen. A person may also become a U.S. citizen through “naturalization.”  Lastly, a person may become a U.S. citizen as a derivative citizen through the naturalization of one’s parent(s).

To be naturalized, the applicant must be at least 18 years of age.  The person must have been a permanent resident for at least five continuous years, or three years if the person married a U.S. citizen.  Within these five years, the person must have resided in the U.S. for at least 30 months (1/2 of the time).  The person must not be a person that can be removed from the U.S., such as someone that committed an aggravated felony or a crime involving moral turpitude (CIMT).  Further, the applicant must demonstrate that he or she has good moral character.  Criminal convictions that may reflect bad moral character may include, vice acts, polygamy or adultery, nonpayment of taxes, theft and fraud related crimes, habitual drunkard, illegal gambling, and failure to pay child-support.  Finally, the person must demonstrate he/she is attached to the U.S. Constitution and demonstrate basic knowledge of English and the U.S. Constitution and History.  Please contact the Houston Naturalization Attorneys and the Southwest Houston Naturalization Lawyers at the Law Offices of Steven Tuan Pham. for a consultation and filing your naturalization, N-400, application.

There are a few exceptions to the naturalization requirements stated above.  A permanent resident, who has been living in the U.S. for at least 20 years and is at least 50 years of age at the time of filing, can take the naturalization examination in their native language.  A person that is at least 55 years of age enjoys this same standard if he or she has been a permanent resident for at least 15 years.  Also, a senior citizen, 65 years of age or older, may take a much more relaxed naturalization examination, by answering a few questions from a list of 10 – 20 simplified questions.  Lastly, a person may be waived from the examination requirement all together if he or she was diagnosed by a qualified physician of an illness falls in the DSM IV Manual of Mental Disorder, including Post Traumatic Stress Disorder (PTSD), Bi-polar, dementia, amnesia, etc.  The physician must fill out the N-648 application and submit to the Adjudicating Officer at the time of the interview.  The Houston Naturalization Immigration Attorneys and the Houston Naturalization Lawyers at the Law Offices of Steven Tuan Pham. are experienced in preparing and filing Medical Disability Waiver, N-648 Medical Certification for Disability Exception.  Our Houston N-648 Waiver Attorneys have worked with the USCIS, the Catholic Charity, and other organization in revising and providing instruction on implementation of the N-640 application.  Please contact our Houston Naturalization Waiver Attorneys and our Houston Naturalization Lawyers for more information if you feel that you or your loved ones may qualify.

The third and fourth ways in which a person can become a U.S. citizen is through derivative citizenship or through acquisition of citizenship.  Prior to the Child Citizenship Act of 2000, a child that is under the age of 18 may be a derivative citizen only both parents have been naturalized. Subsequent to the enactment and the effective date of the Child Citizenship Act, the child under the age of 18 is a derivative citizen if at least 1 parent becomes a U.S. citizen.  The child must have been a permanent resident or had received an immigrant visa to come to the U.S.  To obtain proof of derivative citizenship, the child can file form N-400 application with USCIS. If the child is born abroad to a U.S. citizen parent, the parent can apply for a passport with the U.S. Department of State as the child acquired his or her citizenship through the parent.

DISCLAIMER

U.S. Naturalization Law is a vast area of law and every situation is unique. You should NOT rely on the limited information on this general site in replacing a personal consultation with an experienced Houston Naturalization Lawyer. There may be legal issues, depending on the facts and circumstances, in which you may not be aware. Please contact our Houston Naturalization Attorneys and our Houston Naturalization Lawyers a call at 713-517-6645, or to contact us online, for more information. Call the Houston Naturalization Attorneys and the Southwest Houston Naturalization Lawyers at the Law Offices of Steven Tuan Pham. today at 713-517-6645 or complete our Contact Form.

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