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
Under special provisions of the Immigration and Nationality Act (INA) on the basis of their marriage spouses of the United States citizens would be eligible for naturalization which includes overseas processing too. The general naturalization requirements have to be met by spouses of US citizens generally. Modifications to these requirements are provided though by the special provisions.
Following are those various provisions:
- Applicants who have resided in the United States for at least five years after becoming a lawful permanent resident (LPR) and are spouses of US citizens may naturalize under the general naturalization provisions. It’s also important to renew green card on time. In order to hold a valid green card applicants should opt to at least renewing your green card online.
- After residing in the United States for three years after becoming a lawful permanent resident rather than five years that’s generally required spouse of a US citizen may naturalize.
- Without residing the required period or any physical presence in the United States after becoming a lawful permanent resident spouse of a US citizen who is working abroad for the US government which also includes the armed forces or other entities which are qualified may become a citizen in the United States.
- For purposes of the general five year or three year provisions for spouses spouse of a US citizen serving abroad in the US armed forces may complete naturalization process abroad while staying with his/her spouse. In such cases time spent outside US is considered under residence and physical presence in the United States.
- After becoming a lawful permanent resident without any required period of residence or physical presence surviving spouse of a US citizen who dies during honorable service period in an active duty status in the US armed forces or who was granted posthumous citizenship may naturalize in United States.
On the basis of being battered or after being subjected to extreme cruelty by their US citizen spouse those who obtained lawful permanent resident status as spouses, former spouses or intended ones may additionally file for naturalization in US.
Information on background
Reflections of the legislation dated back to 1922 are the latest provisions for naturalization for the spouse of US citizens. Before naturalization the requirement for the spouse of a US citizen to wait for five years were considered inefficient and undesirable by the Congress. To include a period of three years of residence requirement an amendment was further made by Congress in 1934.Substantially similar to the 1922 and 1934 acts Congress incorporated provisions in 1940 into the Nationality act of 1940.
In order to facilitate the naturalization process for spouses of US citizens and to provide the spouses with the protections which US citizenship could afford is what is in today’s statutes and a reflection of the long standing aim of the Congress.
Posted by immigratingtousa on April 3, 2013