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Frequently Asked Questions - Citizenship

Green Card and last name

I am a US citizen turning 21 next month. Can I sponsor my dad to get a green card even if I am not holding his last name?

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

Citizenship through US citizen spouse

I have my green card since June 30, 2001 and stayed in the US till December 2003 before leaving for India to attend to my father diagnosed with cancer. I have since been residing in India, visiting the US every 6 months or so to maintain GC. My wife got her citizenship in 2006 since she stayed back here in the US. I would now like to consider applying for citizenship - what is the minimum duration I need to be physically present in the US before applying?

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

Citizenship for spouse

How do I get a citizenship for my husband?

Read the instructions on Form N-400.

Citizenship eligibility question

I have a GC since Nov 2004 and stayed in US for 3 years before moving to India on a temporary assignment. I have been in India for the past 2.5 years and have got a re-entry permit. When I return to US in April of next year, since it has been more than 5 years since I got GC and I had been physically present in US for over 2.5 years, will I be eligible for applying for citizenship?

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

I am a US Citizen and I want to apply for my wife. Been married for 9 years. She comes and visits me on her visa waiver from NZ. What papers do I need to apply for her and how long would it take? Would it be quick and easy to apply for her while she is here on her visa waiver?

I generally discourage people from applying for a green card while they are here on a visa waiver type visa/entry. Call USCIS customer service for a list of the forms you will need. Generally speaking, these are relatively easy cases and should not require a lawyer.

Citizenship eligibility

My green card was approved in Sep 2005 but I did not get the Card until Feb 2006. Does ">USCIS consider the approval date or actual date when card was issued for establishing the five year eligibility period for accepting the N400 application? Also I have a 13 year old son who was born in India, do I need to submit N600 form for his citizenship?

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

How important is your enrollment in selective services when you appear in a citizenship interview. Will the interview officer ask you about why u did not register in selective service.

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

In 2001 I was charged with shoplifting (retail fraud 3rd degree in michigan. I was convicted and paid fine and 7 days community service. In 2005 i got my green card. The case was expunged in 2008. Ever since 2001 i do not have any other criminal record in the last 9 years. Would this be a problem during the citizenship cause the application says good moral character in the last 5 years. My case is 9 years old and so i satisfy the 5 year rule for good moral character but not sure.

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

My husband is a ">LPR (since 1993) interested in applying for naturalization. He was granted a reentry permit and used it to enter the country nearly 2 years ago. How long does he have to wait to apply for naturalization?

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

I am permanent resident of USA for 5 yrs,and I was shoplift in jcpenny and caught by securities in 2008,they took me to their office,took my pic, and got copy of my driver license,and asked me to sign 2 form of documents,one was saying I can't enter store for a year,second one was a civil demand($500 fines),they did't called police,do i have criminal record? ">FBI will check it out? I already sent in the citizenship application,and have wait for 3 months after the fingerprint taken,still didn't receive interview notice,they will reject my application? What can I do now

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

I am currently a GC holder and have resided in the US for 30 month out of 5 years. I will be eligible to file my Citizenship (N400) paperwork next month. Once I have filed my application for Citizenship, can I leave the US and travel to Canada to visit my daughter? I was planning to be out of the US in Canada for 3 months. Will it be ok or me to leave the US once I have filed my application or Citizenship? or should wait to file upon return back from Canada?. Do I need to live continuously in the US while my application for Citizenship is in process?

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

Iam a US citizen I want to fill for citizen for my mom I dont know which form I should fill out to send to immigration.

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

I've taken about 60 trips outside of the US since I received my green card in 1988 - while I have exit and entry dates for most of them, for some of them I no longer have the exit dates, only the US entry stamps, and it is possible that I don't have all US entry stamps... same goes for dates of various traffic citations over the decades, minor things like parking, speeding, unsafe stopping, seatbelts - how do you suggest I enter this information on the N-400 form?

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

First of all I would like to thank Rajiv for this website. I am a new user but I've read some answers and felt so easy already. I had a misdemeanor charge back in 2007, shoplifting (less than 500). I did community service 24 hours and was on probation, got early termination of probation in 2008. All records got cleared in the state of Colorado. I am thinking to apply for US citizenship but very nervious about it. Please advise. I have two daughters. My husband could apply first with kids and I could try after them. Please help me. Need your advice.

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 had my interview today.The officer asked me simple direct questions like my DOB,when I came to USA ,when I moved to this state..then on the trips section he said "what was your purpose of your visits, becuase I see trips for like 3 months "i said " i visited my husband and relatives"and thats it on this section,given that i made 6 trips out,the longest is for 5.5months after civics,he said I passed,but no decision was made because they need to review my physical residency. Is my case very bad? I am worried!total days spent out were 554(1.5yr)in my 5yr residency!how bad is that? do they take long time to respond?

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

Could you tell me how does the Naturalization Office verify dates of US entries/exits? My wife and I have been lawful US Green Card Holders since 1990 and we're interest in applying for naturalization now. We've been traveling in and out the US for the past 19 years and I didn't save all the plane stubs. I believe we only have some of the US entries (not exit) stamps on our passports. Also we've renewed our passports once, so our passports only show the entries stamps for the past 3 years or so.

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

I married a US citizen on may of 2009 and we were going to have a baby but we lost it a month ago. I entered the US illegally when I was 3 years old I am now 21 yrs old. A few years ago my moms employer filled an I-140 for her and all her children including myself were on the application. I want to know if that would benefit me in anyway?

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

I am a citizen of U.S. and had send the support documents. When my mother in law went for an interview they denied the visa because she stayed legally with the extension of three months in 1999 . After that she came to visit us in 2004 she went back by six months. At that time she got 10 years visa in 1998 multiple. My question is can they deny the visa without seeing the support documents.

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?

I am a U.S citizen,I got married in U.S.A., my oldest son was born there,and I have 2 more sons that were born abroad and are citizens too, my husband had a green card, but he had drug trafficking problems almost 15 years ago, something like conspiracy, thats why we are living outside the U.S., if we want to go back, can something be done about this so the whole family can live there again? Can he get like a pardon and get a green card again, or there is no way this can be done?

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 am on H2b visa and married to an American. Should I go ahead and start filing my paper work or should I wait on till my contract is up with the company I am currently working for?

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

Q1. Can a legal permanent resident( ">LPR) change career after say one year from his AOS approval to an entirely different field from the one for which his labor and his AOS was approved? Will this raise any red flags at the time of citizenship?

Q2. In other words, after receiving green card on the basis of say job in computer industry, when can one change his/her profession to an entirely different field (let say opening up a restaurant or go into real estate on full time basis) without jeopardizing the citizenship? Would waiting for one year(or some other amount of time?) after AOS approval be good enough to satisfy the "intent to work for in the field noted in labor application on a permanent basis"?

Q3. Is the person after receiving green card on the basis of employment in certain field stuck in that field for ever?

Q4. What are you thoughts in general about this scenario and how should one go about it?

 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

Q1. How soon can I leave my petitioning employer once I get my green card approval?

Q2. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.

Q3. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

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.

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