At the time the naturalization application is filed the applicant should generally be above the age of 18 years of age and also should submit proof that the applicant was lawfully admitted for permanent residency to the United States. In case by any kind of fraud, by mistake or any other option not in agreement with the law if the permanent residency was obtained by the applicant and also not according to the provisions of the Immigration and Nationality Act (INA) then it’s not lawful admission.
Do you hold a PRC?
So it’s important to ascertain that the applicant is not only possessing a permanent resident card but also that the status was obtained lawfully while determining the applicant’s naturalization eligibility by USCIS. So even though an applicant is holding a permanent resident card if the status was not obtained through lawful means and not admitted lawfully and in agreement with the INA provisions then the applicant is not eligible for naturalization.
Also it’s important to renew green card on time and make sure it is valid always. At the time of filing for naturalization an applicant must have resided in US continuously for minimum five years. If the green card holder was a business person who traveled frequently he/she should make sure of renewing your green card online and hold a valid resident card always. Even 90 days before the continuous residence period requirement of minimum 5 years is met applicant can file for naturalization if properly the criterion is met.
Continuous resident requirements
According to conditional residence provisions all the requirements must have been met by a conditional permanent resident (CPR) who is applying for naturalization based on meeting the minimum five years permanent resident requirement. Unless and until the condition on their residence is not removed the CPRs should not apply for naturalization since according to all applicable provisions of the INA he/she is not admitted as a permanent resident yet. The applicant cannot file for US citizenship unless the Form I-751, Petition to Remove the Conditions of Residence has been approved by the USCIS.
Who are eligible for exceptions?
The nationals of the United States who are not citizens are provided with an exception for naturalization from the LPR requirement by law. If you are born in American Samoa or Swains Island which is the remote possessions of the United States you will be considered as US nationals and so without meeting the lawful permanent residency requirement such non citizen nationals can become a resident of any US state and naturalize. The INA do not list such persons as ‘aliens’ and a PRC is not possessed by the nationals.
Exemption is also given to certain members of US armed forces that are in service under specific conditions outside US. Under which grouping a person was issued the LPR status and the date information can be found in a PRC. In accordance with all applicable provisions of the INA whether the card was obtained cannot be proved by just holding a PRC. But as proof of the lawful permanent status it’s important for all above the age of 18 years to carry along the PRC.
Posted by immigratingtousa on April 10, 2013
Person’s identification and his/her US citizenship confirmation information are the contents of a certificate of citizenship. On the certificate of citizenship the information of the applicant which includes the Registration ‘A’ number of United States Citizenship and Immigration Services (USCIS), complete name, place of residence, country of birth, marital status, photograph, other descriptors like the date of birth, sex, height etc and the applicant’s signature.
The certificate of citizenship issued after becoming a US citizen also contains the certificate number, the date on which he/she became US citizen, date the certificate was issued, statement by the USCIS Director indicating that with all the US citizenship eligibility requirements under law of the United States had been fulfilled by the applicant. The certificate would also contain as the authority responsible for the issuance of certificate the DHS seal and Director’s signature.
How to file for certificate replacement?
In case an applicant after becoming a US citizen has lost or if the certificate of citizenship is stolen and he/she would like to know how to get a duplicate US citizenship certificate, they can file Form N-565 to get a replacement for the certificate. The filing fee for Form N-565, Replacement of Citizenship document is $345.
Due to marriage or divorce there may be changes to the name and to request to update the new name on the certificate Form N-565 should be filed with USCIS. Also applicant could apply for replacement of certificate with information about new gender in addition if an applicant has gone through a gender change after legal approval. Marital status which is already listed on the certificate may also need a change in such cases of gender change. Under the Defense of Marriage act (DOMA) if accordingly any gender change request affecting the validity of marriage to the USCIS headquarters the case should be referred.
Who issues Certificate of Citizenship?
After a person’s citizenship application is approved and the Oath of Allegiance is administered, if required in the presence of a designated USCIS officer, generally USCIS issues a Certificate of citizenship. As evidence for lawful permanent residence persons are issued a permanent resident card (PRC) or an Alien Registration card (ARC). Only after the US citizenship applicant surrenders it the USCIS will issue a Certificate of citizenship to him/her. The requirement of surrendering the card will be waived off by the USCIS if the US citizenship applicant is able to prove that the card got lost or was destroyed.
After the US citizenship application is approved the USCIS will issue citizenship certificate in cases where the person has been given a waiver by USCIS from taking the Oath of Allegiance. If such a person or applicant if below the 18 years of age the certificate is issued to him/her in person, to the parent by certified mail or legal guardian. To applicant above the age of 18 years of age the certificate of citizenship is issued to the person or a legal guardian.
Posted by immigratingtousa on April 10, 2013
After the applicant submits immigration forms to the USCIS the citizen certificate is issued. The form which need to be submitted in order to obtain it by an applicant who has resided in the United States and has acquired or derived citizenship automatically at birth or after birth by filing the Form N-600, application for certificate of citizenship. For a child of a US citizen who is residing outside United States by filing Form N-600K , an application for citizenship and issuance of certificate under section 322. If in case you are thinking about what to do if you lost your naturalization certificate, for any changes to the already issued certificate, replace lost one or to correct any mistake Form N-565 must be filed.
Who can file for citizen certificate?
Along with the fee applicable the form instructions must be followed in order to submit the forms. Supporting proof or documents if required should be submitted additionally. Only for children who are under the age of 18 years an application for Citizenship and Issuance of Certificate under Section 322 can be filed. Either after or before the child turns 18 years of age an application for certificate of citizenship can be filed.
Applicant should ascertain that he/she meets the requirements to be eligible for US citizenship and issuance of the certificate if the person who is claiming citizenship is above the age of 18 years. Important to prove that the applicable requirements of eligibility have been met by an applicant who is below 18 years of age by the person filing an application on his/her behalf.
Certificate replacement required?
For either the Certificate of citizenship or Certificate of Naturalization replacement generally an application for replacement, Form N-565 should be submitted by an applicant. Along with the proper fee and in agreement with the instructions in the form the Application for Replacement Naturalization/Citizenship Document should be filed. In case of any damage, mistake or if the form is lost or stolen Form N-565 should be filed for a replacement.
Request for certificate replacement could be filed with a waiver in fee if to the facts available on the applicant’s naturalization or citizenship application is not conventional to the data on the USCIS issued certificate. If there was a clerical error during the certificate preparation by USCIS also fee is waived.
Valid reasons for certificate replacement
To the USCIS requests can be submitted for a replacement of citizenship certificate for a new certificate which has the new or changed name after marriage or divorce of the applicant. Also possible for some applicants to have gone through a gender change and Form N-565 can be filed for a new citizenship certificate with the new changed gender information. This may also change the applicant’s marital status from the one already shown on the certificate. Such cases are referred to the USCIS headquarters where the gender change will affect the validity of the marriage according to the Defense of Marriage Act (DOMA).
Posted by immigratingtousa on April 10, 2013