BERD
& KLAUSS PLLC
Immigration Lawyer |
| 44
Wall Street, 12th Floor |
| New
York, NY 10005 |
| Tel: |
(212)
461-7152 |
| Fax: |
(212)
461-7153 |
| Email: |
info@BerdKlauss.com
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| Web: |
www.BerdKlauss.com |
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CITIZENSHIP
AND NATURALIZATION
Naturalization
is defined as the process by which eligible U.S. Permanent
Residents may apply for and be granted U.S. citizenship.
Below
are the seven general requirements for naturalization:
1.
An applicant for naturalization must be at least 18 years
old;
2. An applicant for naturalization must be a Lawful Permanent
Resident for at least five years. A notable exception to
this general rule may include a person who has been married
to a U.S. citizen for at least three years;
3. After having been granted Lawful Permanent Residence,
an applicant for naturalization must have resided continuously
in the United States for at least five years;
4. Most applicants must have been physically present in
the United States for at least 30 months of the five years
of required continuous residence;
5. At the time of filing an application for naturalization,
an applicant must have lived for at least three months in
the USCIS district where the filing took place;
6. An applicant must be a person of good moral character,
attached to the principles of the Constitution of the United
States, and favorably disposed toward the good order and
happiness of the United States; and
7. A naturalization applicant must demonstrate an understanding
of the English language, including an ability to read, write,
and speak words in ordinary usage in the English language.
An applicant must also demonstrate a knowledge and understanding
of the fundamentals of the history, and of the principles
and form of government, of the United States.
If you have a “deportable” conviction, and you apply for naturalization,
not only your naturalization application can be denied, but you also can end up in
removal proceedings. That means that you will have to defend yourself from deportation in
Immigration Court.
Some people will be able to apply for Cancellation of Removal, which is a one-time pardon
from deportation. If you committed an offense within 7 years after you were admitted to the
U.S., you may be ineligible for this defense. If your conviction was for an “aggravated felony”
(see below), you will be ineligible for this pardon. But if you pled guilty before April 24,
1996, and have no other offenses, then you may be eligible for a pardon under old laws.
Convictions for the following offenses may trigger initiation of
deportation/removal proceedings. You cannot always tell if your conviction fits a particular
category just by looking at the name of your offense, so expert advice is highly recommended.
Crimes Involving Moral Turpitude (CIMT)
This category of offenses is hard to define. Examples include, but are not limited to:
- Most offences that require an intent to steal or defraud (like theft, larceny, robbery)
- Certain assault offenses
- Most sex offenses
You are deportable for a CIMT if:
- You committed the CIMT within the first 5 years after your admission to the U.S., OR;
- You committed 2 CIMTs not arising out of a single scheme at
any time after admission, regardless of the potential or actual sentence.
Firearm Offenses
Any firearm or destructive device offence.
Drug offences
Any drug offense, except 1 offence for marijuana possession of 30 grams or less.
Domestic Crimes & Crimes Against Child
- Crimes of domestic violence, stalking, or child abuse, neglect or abandonment
- Certain violations of orders of protection (civil or criminal court)
Applies to convictions or violations of orders of protection on or after October 1, 1996.
Aggravated felonies
If you have an aggravated felony, you will have very little chance of fighting deportation.
This category includes, but is not limited to:
- Drug trafficking(may include some drug possession offences)
- Crime of violence if you received a 1-year or longer sentence, even if suspended or you served little or no time
- Theft or burglary if you received a 1-year or longer sentence, even if suspended or you served little or no time
- Certain document fraud offences if you received a 1-year or longer sentence, even if suspended or you served little or no time
- Fraud, deceit, or tax evasion in which loss to the victim was more than $10,000
- Certain prostitution business offenses
- Certain “alien smuggling” offenses
- Murder, rape, or sexual abuse of a minor
Other offenses
Other offenses, like some national security and immigration security and immigration-related offences.
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