Citizenship & Naturalization
Naturalization vs. Derivative Citizenship
Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). This is done by submitting Form N-400 and supporting documentation with the U.S. Citizenship and Immigration Services (USCIS). This is the most common way people can become U.S. citizens.
Meanwhile, Derivative Citizenship is when a person may obtain citizenship through their U.S. citizen parents at birth, or after birth but before turning 18. Congress has enacted laws that determine how U.S. citizen parents convey citizenship to children born outside of the United States. This is done by submitting Form N-600 and supporting documentation with USCIS. If you believe you are entitled to Derivative Citizenship, please contact us — we have experience in processing these types of applications.
OUR U.S. CITIZENSHIP LAWYERS IN TAMPA, FLORIDA HAVE BEEN HELPING IMMIGRANTS BECOME NATURALIZED SINCE 1997
Advantages to Becoming a U.S. Citizen
Through Naturalization
Vote in Elections
Only U.S. citizens can vote in national and local elections, giving you a voice in the communities and country you call home.
Cannot Be Deported
Once a person is a U.S. citizen, he or she cannot be removed or deported from the country for any reason, assuming citizenship was not obtained through fraud.
Family Priority
U.S. citizenship generally speeds up the process of gaining legal status for close relatives that the citizen wishes to bring to the United States.
Requirements for Naturalization
There are several requirements for those that wish to become U.S. citizens through naturalization.
01
Statutory Period
Permanent resident for at least 5 years (or 3 years if permanent residence was granted through marriage to a U.S. citizen). Special exceptions apply for those who served honorably in the military during wartime.
Age 18+
The applicant must be at least 18 years old at the time of filing for naturalization.
3-Month State Residency
The applicant must have resided in the state where the application is filed for at least three months prior to filing.
Physical Presence
The applicant must have been physically present in the United States for at least half of the statutory period and must reside continuously within the U.S. from application filing until processing.
English & Civics Knowledge
The applicant must be a person of good moral character for the prescribed statutory period. Criminal history, including arrests, must be fully disclosed.
06
English & Civics Knowledge
The applicant must demonstrate an elementary level of reading, writing, and understanding English, along with knowledge of U.S. history and government fundamentals.
The Good Moral Character Requirement
An applicant’s lack of Good Moral Character can be found as described under Section 101(f) of the Immigration and Nationality Act (INA). Some reasons for finding lack of Good Moral Character include, but are not limited to: being a habitual drunkard, having committed a drug crime, deriving principal income from illegal gambling, being convicted of two or more gambling offenses, having given false testimony for any immigration benefit, having at any time been convicted of an aggravated felony, or having been confined to a penal institution for 180 days or more during the statutory period.
There are other reasons an applicant can be found lacking Good Moral Character. Immigration inquiry can extend outside of the statutory period — the applicant must explain and produce all certified criminal records about any prior arrests, regardless of how long ago they occurred.
Important: Some crimes will make an applicant open to deportation. If an applicant has a crime that makes them deportable, immigration will deny the naturalization application and place the applicant in Removal Proceedings.
Please schedule a consultation with one of our Tampa citizenship lawyers if you have any questions about any prior crimes. Do not risk being placed in removal proceedings before applying for naturalization!
The English and Civics Test Requirement
During the naturalization interview, unless an applicant qualifies for an exemption, they will be required to take a naturalization test made up of two components: an English test and a Civics test.
The English Test
During the English test, the applicant must demonstrate an understanding of the English language including the ability to read, write, and speak basic English. Exemptions apply for applicants age 50+ with 20 years of permanent residence, or age 55+ with 15 years. Note: even with a language exemption, the Civics Test is still required.
The Civics Test
During the Civics Test, the applicant will answer important questions about American government and history. There are 100 questions to study from. Free study materials and sample questions are available directly through the USCIS website. The applicant may take the Civics Test in their native language with a qualified interpreter.
Why Should You Hire Us for
Your Naturalization Application?
As there are many benefits to be derived from becoming an American Citizen, there are also risks of being placed in removal proceedings due to the applicant’s criminal and immigration history. All applicants should ensure they meet all the statutory requirements for naturalization, as well as ensure their case is thoroughly reviewed and evaluated before deciding to submit the application. Our goal as your citizenship attorney is to ensure we are working diligently for your best interest. We thoroughly review your case to confirm whether naturalization is the best path forward for you. Our clients’ needs and goals are our main priority, and we strive to work together with our clients to meet their goals. Call us today at 813-226-2144 or send us a message to have one of our naturalization attorneys assist you.
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