Immigration Direct

Showing posts with label us citizenship. Show all posts
Showing posts with label us citizenship. Show all posts

Tuesday, November 27, 2012

Process of US Citizenship Application Part 2

Complete the Form then Submit

The completed citizenship application form should be accompanied by a copy of your permanent resident card (both front and back of it), 2 passport sized photographs and the filing fee. Find out the USCIS office that has jurisdiction over your area of permanent residence and mail the application package to that particular lockbox facility.

USCIS always recommends a traceable delivery method to be used while dispatching your application. If your application has been accepted by the USCIS, you will receive a notification within a few days. You will then be called in for completing the subsequent procedures.

Ensuing processes after filing the citizenship application:
  • Preparing for the Citizenship test
  • Taking the Biometrics test
  • Taking the Citizenship Test and Interview
  • Taking the Oath of Allegiance
  • Receiving the Naturalization Certificate

Once you have become a US citizen, make sure to update all your records with this status. Also begin the process of applying for a US passport, for it is the sole privilege of a US citizen. Travels may spring up most unexpectedly, so it is best that you get your US passport as soon as you have become a citizen.

Friday, April 13, 2012

The Truth about Renunciation of US Citizenship

Renunciation is an act of formally renouncing or giving up American Citizenship. Renouncing United States Citizenship is not an irreversible process and it is irrevocable. It is usually done before a diplomatic or a consular officer of the US, outside the US. Once you renounce your United States citizenship, it can never be re-obtained, even through naturalization.

What is the reason to renounce US citizenship?

The U.S. is the only industrialized country that asks its citizens to pay income tax on their offshore income. US citizens who live abroad feel that the cost of maintaining their U.S. citizenship is burdensome. New laws have worsened the condition where it has made it difficult for Americans to handle their funds while living abroad. 
 
US citizens who work and live abroad are required to pay their taxes in the US to retain their Citizenship. Though they invest abroad and they do not get any profit from the US, they are still required to give a portion of their earnings to the US. This is considered to be unjust. It is also said to be a form of slavery as the US Citizens are forced to give a part of their income and moreover they receive nothing in return. Most people think that they can focus on improving their businesses rather than worrying about the taxes that they must pay to the US, by renouncing US Citizenship.

There are also people who renounce American Citizenship in order to fulfill their political dreams in other countries. Eric Sandrin, a basket ball player, renounced his US Citizenship, in order to play for the National team of another country.

Few people who renounce US Citizenship are those who received two citizenships at birth and they may be forced by the non-US country to choose one country at a certain age. Korea is a country where dual nationality is not allowed after 21 years of age.



To renounce your US Citizenship, you must contact the nearest U.S. Embassy or Consulate in a foreign country and you must inform them about your intention to renounce your US Citizenship, as you cannot renounce US Citizenship while you are in the US. It is mandatory to establish proof of your foreign residency while you apply for renunciation. You will be asked reasons for renouncing your citizenship. To renounce your American Citizenship, you must sign a renunciation oath. On signing the oath, in front of a U.S. consular or diplomatic officer, you declare that you are renouncing all the rights given to you as a U.S. citizen. Then your application will be forwarded to the US Department of State. You must also submit your US passport to the US consular officer for cancellation. On the approval of your application, your name will be put on a list with the U.S. Department of State and you will never be able to get a US passport again.
On giving up your Citizenship, you will lose protection of the US Government. You will also not be required to pay taxes to the US government.


Entering the US after renouncing Citizenship

You can always enter the US, with the passport from a visa waiver country, though your citizenship is renounced. If you are from a non-visa waiver country then you can apply for a US visa, through which you can enter the US. You can enter the US by obtaining a tourist visa. The tourist visa can be extended and you can stay in the US for 90 days with the tourist visa. But if you are ineligible for a travel visa, you cannot enter the US.

People seeking renunciation must be aware of the fact that renouncing American Citizenship will not allow them to escape from any criminal prosecution which they have committed in the US or repayment of financial indebtedness incurred by them in the United States. It must also be noted that if a person wants to renounce US Citizenship he cannot retain some of the advantages of Citizenship, which is against the concept of renunciation.

Friday, January 13, 2012

EAD and Certificate of Citizenship Update

EAD and Certificate of Citizenship Update



The new EAD design feature will provide workers, employers and law enforcement a better way to identify the EAD card as well as providing proof of authorization to work in the U.S. The new Certificate of Citizenship will make it impossible to alter the information on the certificate.

More at:

Friday, January 6, 2012

Where to File a Citizenship Application?

The status of being a US citizen is surely a thing to be treasured. It can give great happiness to the individual and a sense of truly belonging to the nation. As a result of becoming a US citizen, the individual gets to enjoy many special privileges and benefits that are reserved only for the citizens. The path towards the citizenship status is not a bed of roses. It involves many years of wait and completion of various procedures. But it is all definitely worth the while.

Preliminary Requisites before Filing-in Your Citizenship Application
The first and the most important criterion for becoming a US citizen is to become a Legal Permanent Resident (i.e.) Green Card Holder. An individual should have been a Green Card holder for the past
  • 5yrs if it is a regular Green Card
  • 3yrs if it is a Conditional Green Card and should continue to be living with the US citizen husband/wife at the time of filing in the citizenship application
Only an individual who is 18 yrs of age can file in to get naturalized as a US citizen. Continuous residence requirement needs to be strictly adhered to the USCIS norms – 5yrs for normal Green card Holders and 3 yrs in the case of those married to US citizens. Staying in the US, that too in terms of physical presence, for a period of 30 months is mandatory. Additionally, a compulsory 3 month stay in the address of residence provided on the citizenship application is also a part of the requirements.

Friday, December 23, 2011

What Are the Requirements for Applying For U.S Citizenship?

US citizenship is the highest privilege offered by the US constitution to its people. Although this status matters a great deal to the people, it is not easy to become a US citizen. The easiest path to become a US citizen is by the birthright citizenship (i.e.) getting automatic citizenship status by being born on the US soil. As per the US law on citizenship, anybody who is born in the US or in its outlying islands will automatically become US citizen. This is the main reason for illegal alien mothers to deliver their babies on US soil. The US Federal Government is still at a loss to find a solution for this so called ‘anchor baby’ problem.

Pre-requisites in Applying for US Citizenship

Apart from those who become citizens by birth or acquire citizenship though their parents, there is also a category of immigrants who get naturalized as US citizens. Although the first two categories have already become citizens in their own way, they need to get a proper documentation of that status. It is the third category that needs to undergo a long and a tedious process to get that coveted status. The very first thing, which applicants need to do before applying for US citizenship, is to learn about the citizenship application process. The eligibility conditions and the processing time may be different for each category which makes it necessary for the applicants to know about the process beforehand.


Basic Eligibility Criteria

  • Should be at least 18 yrs of age
  • Should be in possession of a valid Green card.
  • Should have lived in the US as a permanent resident for minimum 5yrs ( 3 yrs for a conditional resident)
  • Should have accumulated the stipulated years of continuous residence in the US
  • Should not have made any longer trips which are greater than 6 months out of the US.
  • Should have maintained 30 months of physical presence in the country, out of which 3 months should have been definitely present in the state or district from which he/she is applying for US citizenship
Being a person of good moral character with the natural urge to serve the country when called upon to do so and showing a great attachment to the constitution is also a must for applicants. Since clearing the citizenship test is mandatory, knowledge about the US constitution is also a must.


Requirements for Military Personnel


There is no better and direct way of serving one’s country than being a part of the Armed forces. And the US Government makes sure that it acknowledges the selfless service of the military personnel by granting then citizenship very easily. Although they need to qualify to become eligible, they do not have to follow the general, long route for applying for US citizenship. If the service members had served in the major wars like the World Wars, then they are exempted from the permanent resident and continuous residence criteria. They can also get naturalized fast (Expedited naturalization) and while they are commissioned abroad (Overseas naturalization)


Getting a clear idea of the application process will help the applicants to complete their forms without errors and submit them quickly. In general, a person who is thinking of applying for US citizenship should ensure that he/she satisfies all the following conditions on the qualifications checklist.

Friday, December 16, 2011

Acquisition of U.S. Citizenship by Birth in the United States

By being born in the US, a person automatically becomes a citizen of US. All that they need to do is to document this distinguished status so as to enjoy the various rights. This can be in the form of a US passport which is entitled only to US citizens. This will serve as a perfect and adequate proof of identification for any purposes.
In order to become a citizen at birth, a person should have either
  • been born in the US  or its territories or any of its outlying possessions
  • Had US citizen parent/parents, who were citizens at the time of their birth, if they were born outside the US, besides satisfying other requirements.

Facts about Citizenship
There are several occasions when people do not even realize that they have become US citizens. There are people who are born in the United States, but have spent most of their lives outside the US. These people believe that they have lost their citizenship status but what they tend to forget is that they have automatically acquired it by their birth in the US. Children who were not born in the US but have US citizen parents or grandparents can very easily acquire the citizenship status from their ancestors.  Children who are born to diplomats and other government officials (citizens of some other country) from foreign countries cannot become US citizens automatically even if they are born on US soil.

US Citizenship by Birth
Birth in the US is considered a great privilege as it makes that person a US citizen automatically. This is the reason why many immigrant mothers prefer to deliver their babies inside the US, even if they do not have the status of a citizen. Even if they are not able to enjoy the rights and other opportunities, they ensure that their children get it. This acquisition of the US citizenship by virtue of birth is referred to as birthright citizenship.
US citizenship is a matter of federal law and is governed by the US Constitution. The citizenship clause (after the adoption of the fourteenth amendment) states that ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.’

Who can acquire this citizenship?
The US Federal Law defines the following 10 categories of people who automatically become US citizens by their birth in the US.
  • A person born in the US and subject to its jurisdiction
  • A person born in the US to a member of any of these tribes - Indian, Eskimo, Aleutian, or any other aboriginal tribe. This is a result of the Indian Citizenship Act of 1924
  • A person, who is found in the US with unknown parentage, while still under the age of 5 until proved to have been born elsewhere before his/her 21years
  • A person born in any outlying possessions of the US, with one of the  parents as a US citizen and who has been physically present in the US or the outlying possessions for a continuous period of time prior to the birth of that person.
Once a person has become a US citizen by birth, they continue to do so till their entire lifetime until and unless they get naturalized as a citizen of some other nation or voluntarily renounce it.

Friday, December 9, 2011

Documenting the Acquired Citizenship Status

Claiming citizenship through US citizen parents

A child who is born abroad automatically becomes a U.S. citizen when both his/her parents are U.S. citizens and one of them has resided in the U.S.A. before the birth of the child. In case one of the child’s parents is only a U.S. citizen then that parent should have been in the U.S. for at least 5 years (not less than that) and two years should have been before the parent was 14 yrs of age.  

Any child who is born outside the U.S. and who has claims over U.S. citizenship through his/her parents can file form N-600 (Application for certificate of citizenship). In that aspect, any child born outside the U.S. to U.S. citizen parent/parents and who meet the other eligibility criteria before their 18th birthday can file in N-600 at any point of time in their life. In case the child is under 18years of age, then the N-600 has to file on behalf of them by the child’s U.S. citizenship parent.


Claiming U.S. citizenship through action of law
A person should satisfy the following conditions in order to get citizenship by action of law if they are born outside the U.S. to U.S. citizen parents.
  • At least one parent should have been a U.S. Citizen either by birth or through naturalization
  • The applying individual should be currently living in the U.S. with his/her U.S. citizen parents.  
  • The applying individual should be the biological child and in the legal custody of the U.S. citizen before becoming a 16 yr. old
  • The person should have been born out of wedlock that was not legitimated and whose mother has got naturalized as a U.S. citizen.

The applicant should file in Form N-600 with all the necessary documents for proof and submit it in a USCIS office that has jurisdiction over his/her area of residence.

Friday, November 11, 2011

Acquisition of U.S. Citizenship By A Child Born Abroad

Getting US citizenship by birth is the easiest way of becoming a US citizen. Children who are born either in the US automatically become US citizens and all that they need to do is to just document their citizenship status. Children who are born out of the US to US citizen parent or parents also become US citizens automatically if they satisfy certain eligibility criteria.


Process of acquiring US Citizenship for a child who is born abroad

The first and the most important step that should be done is to report the birth of the child to a US consulate when it is born outside the US to US citizen parents. This should be done in order to get a Consular Report of Birth Abroad (FS-240) from the US Embassy or consulate.  It will serve as an official record of the child’s claim to US citizenship.

   
Know about the Consular report of birth abroad

This report can be created only at an overseas American consular office while the child is still under the age of 18. An original report of the birth is issued to the parents once the child’s birth has been reported and approved. The parents may request multiple copies, or a replacement at any time. In case the child is born in a location – Puerto Rico, US Virgin Islands, American Samoa, Guam and Swains Island, then this report of birth should be obtained from the respective Vital Records office.

Previously a Certification of Report of Birth (DS-1350) was issued to children born abroad. This was replaced by the Consular report of birth abroad from December 31, 2010. However the previously issued certificates are also valid as a proof of their birth, identity and citizenship.

Friday, September 16, 2011

What are the Advantages of US Citizenship?

There are many advantages of being a U.S. citizenship. Becoming a U.S. citizen entitles one to benefits that are not available to Green Card holders including the right to vote, the ability to travel with a US passport, and preference in sponsoring relatives for US citizenship.



One of the advantages of U.S. citizenship is the right to vote in local and national elections. By voting, U.S. citizens can influence local, state, and federal politics. They can elect political representatives and make their voices heard on taxes, schools, and foreign policy, among other issues. U.S. citizens can also be elected to public office. Additionally, they are eligible for certain unelected government jobs and certain jobs requiring security clearances that are not available to Green Card holders. U.S. citizens can make a big impact in the accountability and efficiency of the U.S. government.



US citizens can spend as much time as they like outside of the U.S. with no immigration consequences. Green Card holders may lose their status as permanent residents if they spend too much time outside of the U.S. because of certain legal requirements to be physically present in the U.S.. If Green Card holders lose their status, they have to start the process of permanent residence all over again, which takes time and costs money.



A more intangible advantage of U.S. citizenship is the sense of belonging that citizens feel. Obtaining citizenship helps people feel a part of the community of the United States of America. It is one of many ways to demonstrate commitment to the country and its ideals.

Tuesday, September 6, 2011

Claiming U.S. Child Citizenship at Birth

Becoming a US citizen is the ultimate dream of many immigrants. It is not an easy process and cannot be achieved in a short period of time. One has to first become a permanent resident and satisfy several eligibility criteria in order to get the citizenship status. However, people who are born in the US are lucky in this aspect as they automatically become US citizens by being born in the US.
How to acquire US citizenship by birth?
When a child falls under any of the below mentioned category, then it indicates that the child has become a US citizen by birth.
  • The child should have been born in the US or the outlying US territories
  • In case the child is born outside the US, it should have one parent or both the parents as US citizens at the time of its birth.
In order to document their citizenship they need to file in Form N400 (Naturalization certificate) if they were born in the US and Form N-565 – Certificate of citizenship if they were born outside the US to US citizen parent/ parents. The latter type is referred to as derived or acquired citizenship.
What happens when a child is born abroad to US citizen parents?
This kind of a birth should be immediately reported to the nearest US embassy so that an official record of the child’s birth can be issued in the form of a Consular Report of Birth Abroad.  This can be obtained overseas when the child is still under 18 yrs of age.  Both the Consular Report of Birth and the Certificate of Citizenship are equally acceptable as proof of the US citizenship status.
Process of claiming US citizenship
Using N-600
When a person has been born outside the US to US citizen parent/parents, then he/she automatically becomes a US citizen if
  • At least one parent is a US Citizen by birth or through the process of naturalization process
  • The child currently resides in the U.S. with his/her US citizen parent
  • The child  is still under 18yrs of age
  • The child is the biological offspring who is now in the legal custody of the U.S. citizen parent prior before reaching his/her 16th birthday
  • The child is the biological offspring who was born out of wedlock without having been legitimated and whose mother has become US citizen through the process of naturalization process.
  • The child has been living consistently in the US after becoming a  permanent resident
  • Of both the child’s parents, the parent who has been awarded  both the legal and physical custody of the child should be a US citizen
  • The only surviving parent should be a  US citizen by naturalization.
  • If both the child’s parents are US Citizens and one of them has resided in the US prior to the child’s birth.
  • If one of the child’s parent is a foreign national and the other is a US citizen who had been physically present in the US for a period not less than five years before the child’s birth. At least two of those years should have been after the parent’s 14th year
If the child who is claiming for citizenship is below 18 yrs of age on February 27, 2001, but does not meet up with all the above mentioned criteria, then the child can file in Form N-400 to get naturalized as a US citizen. For that he/she needs to become 18 years or older than that and become a permanent resident besides satisfying several other criteria and qualify for it.

Thursday, August 18, 2011

U.S. Citizen Benefits and Privileges

The Benefits of Becoming a US Citizen


*The Right to Vote

Voting in elections is one such privilege. New citizens are expected to participate in elections and to adhere to the principles of tolerance and understanding towards differing points of view, which is the philosophical basis of the system of government of the United States.



*A Way to Protect your Children's Right to Remain in the U.S.

Permanent resident children under the age of eighteen, who are in the lawful legal and physical custody of their naturalizing parent(s), automatically become U.S. Citizens when their parent(s) becomes naturalized.



*International Travel Made Easier

As a U.S. Citizen, you are not restricted on the amount of time you can spend outside of the U.S. and are not subject to obtaining a re-entry permit. Additionally, travel can be more convenient as many countries do not require Visas of U.S. Citizens.



*A Chance to Reunite Families

Certain immigrants are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of U.S. Citizens, children (under 21 years of age and unmarried) of U.S. Citizens, and parents of U.S. Citizens 21 years of age or older.


*Government Protection

In the event a Permanent Resident is ever accused of an illegal activity, they will remain within the authority of the USCIS and the Immigration Courts, and can be removed (or deported) for such activity. However, U.S. Citizens have the right to an attorney and a fair trial without the threat of being deported.



SOURCE:

US Citizenship Benefits