A South Florida Immigration Law Firm Dedicated to Serving Clients in Their Pursuit of United States Citizenship

Many foreign nationals come to the United States seeking to forge a new life, either individually or with their family members, in pursuit of the American Dream. There are many necessary steps, eligibility criteria, and required documentation that must be approved during the legal process of achieving lawful permanent resident status. Even after an immigrant has gone through the green card process and achieved legal permanent residency in the country, they are not necessarily protected from all threats to their immigration status, nor are they afforded all the same rights that U.S. citizens may be. For many legal permanent residents, the next step in their immigration journey is to become United States citizens through the naturalization process.

Our legal team possesses a deep understanding of all immigration matters, encompassing deportation defense cases, non-immigrant visa applications, and other related matters. We would be proud to represent you in these and other immigration issues. In addition to serving Fort Lauderdale and Broward County, our experienced immigration attorney also represents clients in Miami-Dade, Coral Springs, West Palm Beach, and other areas in South Florida.

The Fort Lauderdale immigration attorney at our firm proudly provides dedicated legal representation to serve clients, helping them achieve their immigration goals, including assisting them through the complex process of naturalization. To ensure that you meet the eligibility requirements for both lawful permanent residents and United States citizenship, we encourage you to contact our Fort Lauderdale office to request your free initial consultation today.

How is ‘Naturalization’ Defined by U.S. Immigration and Nationality Law?

The naturalization process allows green card holders to become United States citizens. Lawful permanent residents must undergo several steps in the legal process before they are granted citizenship through naturalization.

Naturalization is not the same thing as citizenship according to United States immigration laws. While both essentially result in individuals being recognized as U.S. citizens, two distinct processes must be considered.

U.S. citizenship is granted either through an individual’s parents’ citizenship status or via birth. Naturalization is the process by which foreign-born individuals can become United States citizens. To be eligible for a successful naturalization attempt, an individual must meet stringent eligibility requirements.

What Are the Eligibility Criteria for Naturalization?

While citizenship can be granted by birth, such as being born in the United States or its territories, naturalization has far more requirements that must be met.

Examples of the basic requirements for a successful naturalization application include the following:

• The applicant must be at least 18 years old
• A U.S. history and government test must be passed
• Applicants must be able to display a basic ability to read, write, and speak the English language
• In almost all cases, naturalization applicants must have held a green card for a minimum of five years, during which they must have also maintained continuous residence in the country
• When applying for naturalization, the applicant must physically reside within the state they are applying for at least three months
• Naturalization applicants must be of good moral character and follow the principles and ideals of the United States Constitution
• The applicant cannot have been convicted of certain serious crimes
• And more

Do You Need to Be a Green Card Holder Before You Can Become a Citizen?

In almost all immigration cases, naturalization applicants must first have lawful permanent residency in the United States. The length of time that applicants need to be green card holders can vary depending on certain circumstances. For example, those who are married to U.S. citizens must have held a green card for at least three years before they can apply for naturalization, whereas others may have to wait at least five years.

What is the Difference Between Physical Presence and Continuous Residence? 

Continuous residence refers to maintaining lawful immigration status in the United States for a specified period, typically as a result of holding a legal permanent residence. Travel throughout the United States and across national borders is permitted; however, staying outside the country for longer than six months breaks the continuous residence legal requirement.

Physical presence is the accumulated total amount of time spent within the United States for a required statutory length of time. Time spent outside the United States does not count toward the statutory time, as it constitutes a break in continuous residence status.

What Are Common Reasons for Denied Citizenship?

Unfortunately, there are many reasons why the United States government may deny applications for naturalization.

Examples of reasons that could disqualify citizenship applications include the following:

• Failure to register for the Selective Service system
• Inability to establish that you are a person of good moral character
• Aggravated felony convictions or the criminal conviction of murder 
• The applicant is already in the middle of removal proceedings
• A failure to present verified tax returns from specified years
• And more

Denied naturalization applications do not necessarily end your immigration journeys. Depending on the reason for USCIS denying your application, a knowledgeable immigration attorney may be able to submit an appeal or prepare a new application on your behalf.

Are There Risks to Applying for Citizenship?

Depending on individual circumstances, there may be risks associated with initiating the naturalization process.

When applying for naturalization, USCIS thoroughly reviews your background and all information related to your character and background. If anything especially problematic arises in the evaluation, such as fraud, a criminal record, or other suspicious activity, the USCIS may go beyond simply denying your application; they may also initiate removal proceedings. If you are facing removal from the country, contact our law firm for Fort Lauderdale immigration services related to deportation defense strategies.

What Are the Different Options for Foreign Nationals Hoping to Become U.S. Citizens?

There are numerous options available for applicants seeking to become U.S. citizens. When you are going through the legal process, we encourage you to contact our law office to speak with our experienced Fort Lauderdale naturalization lawyer about your case.

Examples of the different legal options available for green card holders hoping to obtain citizenship include the following:

• Family immigration is one of the most common methods for ensuring that an individual is legally admitted into the country, allowing them to begin their immigration journey. Spouses of U.S. citizens are eligible to naturalize within three years of obtaining lawful permanent resident status. Additionally, you may be able to apply for naturalization if you are married to a member of the U.S. military who is or will be actively deployed. To learn more about options for family-based immigration and how you can achieve citizenship via your relationship to a U.S. citizen family member, please contact our experienced immigration attorney for legal guidance.
• Victims of domestic violence and other qualifying crimes may also be able to apply for naturalization. For example, in many cases, if you were married to a U.S. citizen but you left the marriage due to their abusive nature, you can still apply to naturalize within three years instead of waiting for five years to pass.
• The naturalization process for the spouses of U.S. citizens who are employed abroad can provide specific exemptions for physical and continuous residence requirements.
• There may be other exemptions and waivers available to certain applicants. For example, suppose you have a medical disability that renders you unable to speak or learn English, or potentially unable to study for the United States history or civics tests. In that case, you may be able to file for a medical exemption. Additionally, individuals over a certain age may have an easier time filing for naturalization, including being exempt from the English language requirements and only required to answer a limited number of civics questions.

How Can a Fort Lauderdale Immigration Lawyer Help Ensure You Meet the Eligibility Requirements for a Successful Naturalization Application?

While there may be several immigration options available to green card holders seeking citizenship, that does not necessarily mean it is an easy process. Retaining the legal services of an experienced naturalization lawyer can make all the difference in the world.

Many immigrants who attempt to navigate the naturalization proceedings on their own, unfortunately, have their applications denied, which can derail the entire legal process. The Department of Homeland Security carefully assesses all naturalization candidates before granting them citizenship; failure to meet the eligibility requirements may have serious consequences.

We proudly assist clients with various immigration issues, including visa applications, employment-based immigration, guidance on obtaining lawful immigration status, and dedicated representation throughout the naturalization application process. As your legal representatives, our team of professionals can help ensure that your rights are protected, you meet the eligibility requirements, and that you are well-prepared for every step in the naturalization process.

Contact Our Law Office to Schedule a Free Consultation with an Experienced Immigration Lawyer in Fort Lauderdale, FL, Today

The immigration process for obtaining U.S. citizenship can be lengthy and complex. Those attempting to navigate the legal proceedings of naturalization are strongly encouraged to seek the representation of an experienced attorney well-versed in these areas of practice.

Our experienced legal team is here to assist you with all matters related to naturalization applications, including preparing you for the interview process and ensuring that you have correctly completed and filed all necessary forms and documentation. To learn more about the benefits of retaining our professional legal counsel in your naturalization immigration case, please contact our Fort Lauderdale office to schedule a free, no-obligation case evaluation.

Call us at (954) 874-8806.