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Are you eligible to become a US citizen?
Contributed by : Tahmina Watson
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Becoming an American citizen is an aspiration for many us who emigrate to the US. In this article, I will discuss some basic issues about obtaining citizenship. In particular, the requirements of eligibility and some of the pitfalls I see come up often.
Firstly, here are the basic requirements for eligibility for naturalization:
1. Must be 18 years old at least.
2. Must normally be a resident continuously for 5 years subsequent to obtaining the Green Card of Legal permanent resident status (LPR). If you received your Green Card through marriage, the requisite time period is 3 years so long as the marriage still continues in good faith.
3. Must have resided at least 3 months within the state in which the petition was filed.
4. Must be physically present in the U.S. for at least one-half of the 5 years (or 3 years if Green Card received through marriage).
5. Must have resided continuously within the US from the date of the application filed up to the time of admission to citizenship.
6. Must be a person of good moral character (“GMC”) for the requisite 5 years. Good moral character can be affected in several ways. For example, conviction of a crime, failure to register with the Selective Service between the ages of 18 and 26 years, non-support of dependents, failing to pay taxes, etc.
I would like to highlight three particular recurring issues I see in our community:
7. If you have committed a crime, you may not be eligible for citizenship. However, for some crimes you have to wait for 5 years from the date of conviction before you apply. It is important to note that in determining the date of the conviction, the date of the sentencing will be counted.
8. I have seen another issue come up time and time again: It is a requirement that once you become an LPR, that you file regular tax returns. Your GMC can be adversely affected if you do not file your taxes. If you have found yourself in such a situation, you can still apply for citizenship. However, you need to ensure that you have made arrangements with the IRS regarding your taxes. Once you have decided to apply for citizenship, my suggestion would be to contact the IRS and discuss/negotiate a plan in which you will make monthly payments.
9. Another common problem is that we, from the Indian subcontinent, like to go back ‘home’ for long periods of times. If you do decide to go back to India, Pakistan, Bangladesh or wherever your home country is, then please try not to visit for more than 6 months. You are likely to have problems reentering the US. If you do need to visit abroad for a long period, then it is strongly advisable that you file a ‘reentry permit’ BEFORE you leave the US.
These are a few a common issues I see come up for clients from our community. I hope the tips above help you with your future plans of citizenship.
Please note that the above is a very general explanation of how to gain citizenship. There are several exceptions and nuances. If your particular situation is not simple, please feel free to contact me, and I would be happy assist you in your application.
http://www.watsonimmigrationlaw.com
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