Naturalization2018-03-13T01:50:04+00:00

Naturalization/Citizenship

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

The following is the entitlement statute for Naturalization:

Immediately preceding the date of filing for naturalization the applicant has resided continuously, after being lawfully admitted for permanent residence within the United States for at least five years and during the five years immediately preceding the date of filing his or her application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Immigration and Naturalization Service of the United States in which the applicant filed the application for at least three months,

  • Has resided continuously within the United States from the date of application up to the time of admission to citizenship and
  • During all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. Absences from the U.S. during the statutory period are presumptive and can be overcome. For absences of 6 months or less, there is no break in continuous residence. An absence of more than 6 months but less than a year raises a rebuttable presumption of abandonment of continuous residency for naturalization purposes. The burden is on the alien to show that the continuous residence requirement has been met.

The USCIS website has a detailed guide to Naturalization including Naturalization eligibility requirements.

New Citizenship Test from October 1, 2008

USCIS will begin administering the redesigned (new) naturalization test on October 1, 2008. Use the chart below to determine if you will take the current or redesigned (new) test.

Date Form N-400 Filed* Date of Initial Exam Test to be Taken If Applicant Fails Initial Exam, Re-test to be Taken
Before October 1, 2008 Before October 1, 2008 Current Test Current Test
Before October 1, 2008 On or After October 1, 2008 up until October 1, 2009 Applicant’s Choice of -Current Test or -Redesigned (New) Test The same version of the test as the one taken during the initial examination
On or After October 1, 2008 On or After October 1, 2008 Redesigned (New) Test Redesigned (New) Test
At Any Time (i.e. Before, On or After October 1, 2008) On or After October 1, 2009 Redesigned (New) Test Redesigned (New) Test

Read the USCIS page for the naturalization test.

Citizenship Interview Questions

There are 100 civics questions on the naturalization test. During the naturalization interview, applicants will be asked up to 10 questions from the list of 100 questions in English. You must answer correctly 6 of the 10 questions to pass the civics test in English.  USCIS website has the study materials for the naturalization test.

On November 30, 2006, U.S. Citizenship and Immigration Services Director Emilio Gonzalez said, “When you raise your hand and swear allegiance to the United States, you really ought to know what you are swearing allegiance to. You ought to internalize by that time, the very values that make this country what it is, the very reason why you are raising your right hand. …Citizenship is not test taking.”

Please recommend options for PR Status/Citizenship for our unborn Child while we are awaiting Naturalization2018-03-02T23:45:07+00:00

Your questions are case specific and complex. We suggest you schedule an appointment to discuss your situation. Be this as it may, a child born to a U.S. Citizen is automatically accorded citizenship and your child will benefit by this automatic child citizenship provision. The Attorney recommends that you continue the process towards your naturalization while seeking deferral of the oath ceremony for your spouse.

When am I eligible to file for Naturalization?2018-03-02T23:44:08+00:00

Your question pertains to Naturalization when married to a U.S. Citizen. In your case, although you have been married for three years, you have only been a permanent resident for less than two years. You would have to wait until 2 years and 9 months from the time you became a permanent resident to apply for Naturalization. This could be done while you are still waiting for the condition to be removed on your Permanent Resident status.

Does Prior §245(i) Filing Affect Naturalization Application?2018-03-02T23:43:24+00:00

§214(i) is an ameliorative provision for adjustment of status. However, once adjusted, you are considered a permanent resident without any strings attached. The prior § 245(i) filing does not affect your ability to file a Naturalization application and it should not be called into question during the interview.

Returning from Work for Employer Abroad After 2 Years – Impact on Green Card/Naturalization2018-03-02T23:42:34+00:00

Leaving the U.S. for over 6 months while you’re a permanent resident, raises the presumption that you have abandoned your status. You must file and obtain a “Re Entry Permit” prior to departure in order to be allowed to return without any issues. We also recommend that you consider filing an Application to preserve your residence for Naturalization purposes.

My mother cannot speak English and she is 56 years old. She has been an LPR for the last 3 years. How can she qualify for Citizenship?2018-03-02T23:41:44+00:00

She must possess an elementary understanding of English to be eligible. However, The English language test is not applicable to: (1) persons who are over 50 and living in U.S. for 20 years subsequent to LPR status; or (2) persons who are over 55 years of age and living in U.S. for 15 years subsequent to LPR status.

I am married to an American citizen for 4yrs and have been a permanent Resident for last 3yrs. Two of which as a Conditional Resident. Am I eligible for Citizenship?2018-03-02T23:40:53+00:00

You will have to wait until the condition is removed. However, the time spent in conditional status will be counted against the period of eligibility required to apply for naturalization.

Both my parents are citizens. Does that make me a citizen automatically? How do I bring my fiancé to the U.S.?2018-03-02T23:40:00+00:00

You are eligible for derivative citizenship and should apply on Form N-600 with the nearest USCIS Field office, with the appropriate filing fees. If approved, you will be scheduled for a naturalization interview. As far as your fiancé, I recommend that you file after you obtain your citizenship. That way, you can bring him on a K-1 fiancé visa.

How long can a U.S. Citizen remain abroad without losing his or her citizenship?2018-03-02T23:39:09+00:00

Unlike Permanent Residents, who have to worry about abandoning their residence in the United States, American Citizens have no restrictions on time spent abroad. She can stay there for as long as she wants.

What do I need to become a U.S. Citizen?2018-03-02T23:38:20+00:00
The following is the entitlement statute for Naturalization:
  1. Immediately preceding the date of filing for naturalization the applicant has resided continuously, after being lawfully admitted for permanent residence within the United States for at least five years and during the five years immediately preceding the date of filing his or her application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Immigration and Naturalization Service of the United States in which the applicant filed the application for at least three months,
  2. Has resided continuously within the United States from the date of application up to the time of admission to citizenship and
  3. During all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. Absences from the U.S. during the statutory period are presumptive and can be overcome. For absences of 6 months or less, there is no break in continuous residence. An absence of more than 6 months but less than a year raises a rebuttable presumption of abandonment of continuous residency for naturalization purposes. The burden is on the alien to show that the continuous residence requirement has been met.
Does the 3 months in state residence rule for naturalization require physical presence?2018-03-02T23:37:36+00:00

The residency requirement that you reference requires that the Applicant:

*Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application*

As long as the Applicant can document proof of residence for at least 3 months prior to filing, he should satisfy the requirement.

What are typical questions asked during the citizenship test, and what are the correct answers?2018-03-02T23:36:45+00:00

USCIS is said to have repeatedly used only material from these 100 questions to test applicants for naturalization. We make no representations in this regard. PLEASE USE THEM AT YOUR OWN RISK.

Download the questions [PDF format]

5 Considerations When Hiring an Immigration Lawyer

By Attorney Vaman Kidambi

Let me start out by stating that the first thing you should do before hiring an immigration attorney is to check the attorney’s standing with the local Bar Association. This information is readily available online. For instance, attorneys admitted in New York State can be found on the New York State Unified Court System website under “Attorney Search”. I also recommend asking friends and peers for a referral. There is nothing like a firsthand opinion of the Attorney you plan to hire from someone who has already used his/her services. Finally, try emailing, or calling the Law Firm to see how responsive they are and whether you feel comfortable relying on them for you immigration needs. After all, depending on the case, the process could take anywhere from twelve months to twelve years!

The American Immigration Lawyers Association has the following important pointers when hiring an Immigration Attorney:

  • Be smart! If it sounds too good to be true, it probably is.
  • Don’t believe it if someone tells you about a secret law or claims to have connections or special influence with any agency.
  • Never sign an application that contains false information and try to avoid signing blank forms. If you must sign a blank form, make sure you get a copy of the completed form and review it for accuracy before it is filed.
  • Always get proof of filing—a copy or government filing receipt—when anything is submitted in your case.
  • Insist on a written contract that details all fees and expenses and make sure you receive a receipt, especially if you pay cash. If terms change, get a written explanation.
  • Don’t let anyone “find” you a sponsor or spouse to get you a green card: it’s illegal.

Here are some additional considerations and advise about hiring and working with an immigration attorney.

1. Trust Your Attorney

The attorney-client relationship is based on trust. So, rule number one is to find and retain an attorney you can trust. Not everything that we do in immigration is logical. The United States Citizenship and Immigration Service is a very large federal agency that relies on outside contractors for everything from opening mail, to printing notices, and even processing preliminary paperwork. Oftentimes, mistakes happen. Unfortunately, the attorney may not be able to prevent an “agency error”. When this happens, patience is required in the handling of the matter. A good attorney will guide you through the process based on well-established best practices that the Firm or attorney has developed over the years. Affording the attorney, the benefit of doubt is important and even necessary for your own peace of mind.

2. Social Media Champions

It is important that you don’t base the decision to hire an attorney solely on their social media profiles. Many Law Firms engage outside PR agencies to tout their accomplishments and drum up business. Constantly posting online or having a very active website does not always guarantee results. I can hardly imagine a busy practitioner finding the time to constantly post on social media. Instead, I would rely on blogs and well-written articles in peer-reviewed journals to assess the quality of an Attorney’s work product.

3. Reviews, Reviews, Reviews

Using online reviews to select a Law Firm may not be a bad idea, but it is far from the only consideration. Have you ever tried to decide on the best hotel to stay while on vacation? How many of you use online reviews to decide on the best hotel? So, you know the job is anything but simple. Even the best attorneys may initially end up losing the case. However, the road to success may involve filing subsequent motions and appeals to overcome the initial denial. Eventually, success is based on the final outcome of the case. If relying on online reviews, I suggest looking at how the Law Firm handled a bad review. A prompt, considerate and well-reasoned response shows the character of the Law Firm, and you should weigh this carefully in making your final choice.

4. Flat Fee Arrangements

Like any business, a Law Firm sets its fees based on the complexity and time it takes to complete a case. However, you should know your budget before you engage in discussions with the Law Firm. In immigration, “flat fees” are generally the norm. Flat fees include expenses and provide the client with a final bill that is in keeping with the negotiated fee with no hidden or additional costs. As a best practice, the Law Firm should provide you with an Engagement Letter with a schedule of fees clearly laying out the fees being charged.

5. Experts and So-Called Experts

Many states offer specialization programs that certify lawyers as specialists in certain types of law. Some areas of law, even have their own certification programs. However, this is not the only way to determine if the attorney is an expert at what he or she does. I have been in practice for twenty-five years and handle a very large volume of immigration cases. I have seen situations that sometimes did not come for the first ten or fifteen years of my practice. So, not always, but having an attorney who has been practicing for several years is an advantage.

Kidambi & Associates was founded on the idea of putting service to our clients first…always. We registered “Serving Immigrants, Serving America® with the USPTO (USPTO SERIAL NO. 77392587) believing, it is not enough to simply represent clients, but to strive to uphold the values of selfless service in every single case. We want to be the homing beacon shining and lighting the path along an immigrant’s journey to the United States.

We understand that there is no substitute for success. Please take a moment to look through our website and contact us today to discuss your case and how we can help you achieve the desired result.

Citizenship

I am a citizen. Thank you to all of you for making this possible.

It has been a long journey to get here, but you have made this possible through all the ups and downs.

— Sudha, USA, E-mail

Naturalization

Dear Attorney Kidambi,

We would like to thank you for guiding us through the N400 interview process. You have always been so wonderful!!!!
We would like to thank you for your help and guidance from the bottom of our hearts. We really appreciate it.

— Mani & Usha, USA, E-mail

Citizenship

I had my citizenship interview today and the process was similar to what you had described. I am proud to say that I am now a U.S. citizen. I wanted to thank you and your team for all the support provided throughout my journey that started with my green card application 10 years ago.

— Sunil, USA, E-mail

Citizenship

Good Morning,

I became a US citizen. Everything went well, and it was a great day for me. Thank you for your assistance, and the amazing work. Please convey my gratitude to Mr.Kidambi, as this would not happen without his great experience in the field.

— Yan, USA, E-mail

Naturalization

Hi Vaman and Team,
Good News! I have cleared my US Citizenship Naturalization interview today. My heartfelt thanks to your support and guidance in making this happen. Your knowledge and guidance have been very helpful. I greatly appreciate your time and direction. I really appreciate the time your team spent on organizing all the documents for my case and making sure everything is prepared and done right. Thanks again.

— Ashish, C., USA, E-mail

Naturalization

Dear Vaman,
Thank you and your team for all the support over the years. As of today we are officially US Citizens. We appreciate all that you have done.

Sincerely,
Jagan and family, USA, E-mail

Naturalization

Dear Vaman,

Just wanted to let you know that my wife had her interview yesterday. She received her certificate of naturalization in the afternoon. Thank you so much for your and your team’s help throughout the process.

— Carlos, USA, E-mail

N400 interview and Naturalization

Dear Attorney Vaman and Teresa,

Yesterday, I completed my N400 interview and received the naturalization certificate. Thank you for all your help with this process.

— Bhavna, USA, E-mail

Citizenship of my parents

Dear Mr. Kidambi,

Wanted to inform you that both my parents took their naturalization oath and are now US Citizens.

Thanks a lot for their application filing, much appreciated.

— Sunit, USA, E-mail

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