Frequently Asked Questions - Citizenship

Citizenship in USA can be obtained through naturalization or through birth in USA.

  1. Social Security Number And Card
  2. N-400 Application and Prosecutorial Discretion
  3. Naturalization Procedures at Atlanta Office
  4. Naturalization Policy Regarding Adjustment of Status
  5. N-400 Interview
  6. Recanting of Misrepresentation in Naturalization Application
  7. Misrepresentation in Naturalization Application
  8. Denaturalization
  9. Naturalization after Extended Absence
  10. Green Card and last name
  11. Citizenship through US citizen spouse
  12. Citizenship for spouse
  13. Citizenship eligibility question
  14. US Citizen sponsoring wife
  15. Citizenship eligibility
  16. N400 Interview and selective services
  17. Citizenship and criminal record
  18. Reentry permits and citizenship application
  19. Shoplifting and naturalization
  20. Travel while citizenship/naturalization pending
  21. Citizenship Form
  22. Travel and citation dates on N-400
  23. US Citizenship, misdemeanor case
  24. My naturalization interview experience
  25. How does Immigration office verify the dates of entries/exits
  26. Green Card
  27. B1 Visa
  28. Eligible husband?
  29. Marriage to US Citizen
  30. H-1 without specific job/GC continuation without H-1
  31. Changing Careers after the GC
  32. How soon can I leave the employer after I get my GC
  33. Traveling after applying for naturalization/citizenship pending
  34. Canadian Citizen (or any person) Getting Married to a US Green Card Holder
  35. US Citizens - Documents needed for entry into the U.S.
  36. I-130 Petition
  37. US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues
  38. Sister's Green Card
  39. Naturalization/Citizenship Delay
  40. Proving Relationship Through DNA
  41. Dual Citizenship
  42. Citizenship Denial
Social Security Number And Card

A Social Security number is important because you need it to get a job, collect Social Security benefits and receive some other government services. Many other businesses, such as banks and credit companies, also ask for your number.If you are a noncitizen living in the United States, you also may need a Social Security number. For more information, see Social Security Numbers For Noncitizens (Publication No. 05-10096).

N-400 Application and Prosecutorial Discretion
Naturalization Procedures at Atlanta Office

It is unlikely that the Atlanta District Office will resume swearing-in applicants on the same day as the N-400 interview, aside from customers who come from Alabama or at least four hours away, who CIS makes every effort to swear in the same day due to the distance traveled for the interview.

Naturalization Policy Regarding Adjustment of Status

Review of the underlying adjustment of status is not a new policy. Officers have always had the authority to look back at the underlying adjustment, at any time, and doing so is not a new process.

N-400 Interview

The preferred way is to advise the officer at the N-400 interview. This can be communicated to the CIS after the fact, but the preference and best way is to notify the officer at the time of the interview. In addition, if the applicant is requesting a name change, the oath ceremony/naturalization must be done by a federal court.

Recanting of Misrepresentation in Naturalization Application

USCIS would submit the case to Immigration and Custom Enforcement (ICE) counsel for determination.

Misrepresentation in Naturalization Application

It might.  If Immigration and Custom Enforcement (ICE) counsel proceeds with denaturalization and is successful, removal proceedings may be instituted.

Denaturalization

If USCIS determines that an applicant for naturalization was not eligible to naturalize, the evidence is obtained and submitted to Immigration and Custom Enforcement (ICE) counsel for determination of denaturalization.

Naturalization after Extended Absence

These applications are decided on a case-by-case basis.

Green Card and last name

Yes you can. Having the same last name is not required.

Citizenship through US citizen spouse

1.5 years out of the last three and you must move back to USA before applying.

Citizenship for spouse

Read the instructions on Form N-400.

Citizenship eligibility question

Since you have been out of USA for more than one year, you will be eligible for naturalization only after 4 years and 1 day after you come back to live in USA.

US Citizen sponsoring wife
Citizenship eligibility

It is the date of approval that counts. For your son, read the instructions on the Form N600. That should tell you what you need to do.

N400 Interview and selective services

I believe this can be a problem. You should speak with a lawyer. You will need to establish that the failure to register was inadvertent, not intentional.

Citizenship and criminal record

Generally speaking, USCIS looks at the last five years preceding the application, but they CAN go back as long as they wish for adjudicating good moral character. My guess is, you should be fine.

Reentry permits and citizenship application

If he was out of USA for more than one year at any one time, the reentry permit will allow him to file after 4 years and 1 day from re-establishing domicile in USA.

Shoplifting and naturalization

From what you have described it does not appear you have a criminal conviction. Nevertheless, in my view, you should get yourself a local lawyer to assist you with the naturalization process.

Travel while citizenship/naturalization pending

Temporary absence of three months while your citizenship application is pending should not pose a problem as long as you remain a permanent resident of USA.

Citizenship Form

I am assuming she has been a green card holder for 5 years the form is N-400.

Travel and citation dates on N-400

The burden of proof is placed on you. USCIS can deny an application where proof is insufficient. For entry/exit, I would recommend an affidavit from you giving the best possible approximation. The tickets - go back into your driving record at the DMV and see what you can pull from there.

US Citizenship, misdemeanor case

Thanks for your kind comments about our web site. You can apply, but USCIS can certainly make an issue about the misdemeanor. You may want to retain a local lawyer.

My naturalization interview experience

I see no problem with the visits - they were all less than 6 months. I think it should be ok. It is difficult to estimate how long it will take.

How does Immigration office verify the dates of entries/exits

As far as I know they rely upon your passport and their own entry-exit records through Form I-94 system. This situation is common and can be corrected by supplying affidavits from applicants along with any other evidence you may have.

Green Card

May be Section 245(i) can help. Call and check with your mom's lawyer. Also explore the fact that you are married to a US citizen.

B1 Visa

They can do a lot of things, and often do, even things that are unreasonable. If you feel the decision is in error, contact the consulate through your Congressman.

Eligible husband?

Because you are a US Citizen, there could be waivers available for offenses committed by spouse. You may want to check first with the US consulate in the country where you are living.

Marriage to US Citizen

I see no reason to wait.

H-1 without specific job/GC continuation without H-1


1. I don't have a work order or client letter to support my H1B extension which is expiring on 2nd June. Is it legally not allowed to file for H1B extension without this or to avoid RFE one need to support extension with this.

Changing Careers after the GC

 A1. I see no problem with this nor do I see any red flags.

A2. Sure. Why not. Permanent does not mean forever.

A3. Not at all.

A4. Nothing else I can think of.

How soon can I leave the employer after I get my GC

A1. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits.

Traveling after applying for naturalization/citizenship pending
Canadian Citizen (or any person) Getting Married to a US Green Card Holder
US Citizens - Documents needed for entry into the U.S.

If you are traveling in the Western Hemisphere (Canada, Mexico, Caribbean, Central and South America):

I-130 Petition

Hi Loay. Times are highly variable from a few weeks to a few months. Expedites are only granted for showing of some sort of urgent humanitarian situation in cases like yours. We would like to help, but I am not sure we can add much value at this stage. Contact us if there are any issues (other than timing). 

US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/ZHaiZELtWCE?t=221

FAQ Transcript:

This is one thing very common in many cases. The issue of applying for a green card, when you are visiting on a tourist visa or even converting a tourist visa to H-1, L-1 and student visa is always a problem.

Sister's Green Card

Siblings Green Card is like  planting mango trees, in India we used to have saying that mango trees takes so  long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card.

Naturalization/Citizenship Delay

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=556

Proving Relationship Through DNA

This issue has been coming up more frequently in family-based immigration petitions than it ever did before.

Dual Citizenship

All U.S. citizens, even dual citizens/nationals, must enter and depart the United States using his/her U.S. passport.

Citizenship Denial

This is likely to be a long discussion. My bottomline recommendation: let your husband obtain his naturalization first. Thereafter you apply for yours. If something goes wrong, his naturalization gets you another green card right away, without ever leaving the USA.