| Citizenship and Naturalization |
After five years as a US Permanent Resident, or three years if permanent residence
was obtained by marriage to a U.S. citizen, a Us Permanent Resident normally
becomes eligible for naturalization. Naturalization is a way to obtain US Citizenship for
those who were not US citizens at birth.
Naturalization is often the culmination of the immigrant's integration process and
carries with it an important amount of rights as well as responsibilities. The
requirements for naturalization can be confusing. Basically one must show a certain
amount of physical presence in the United States as well as not abandon his or her
residence in the United States.
Abandonment of US residence comes up often and is normally caused by the
applicant taking prolonged trips abroad. In normal circumstances, absences from the
U.S. of more than a year will be considered conclusive proof of abandonment, while
absences of more than six months will raise the rebuttable presumption that one has
abandoned his or her U.S. residence.
This is not the only yardstick against which abandonment can be measured and one
normally must be careful and maintain a physical address, file income taxes as a US
resident, and if possible maintain gainful employment in the US in order to avoid
challenges to the continuity of residence for naturalization purposes.
Another potential obstacle to naturalization is the requirement that the applicant show
good moral character during the statutory period. Good moral character is very vaguely
defined by both the Immigration and Naturalization Act and the Code of Federal
Regulation, and is very often used as a widely discretionary measure to deny
naturalization. Even acts committed beyond the five or three year statutory period for
naturalization can sometimes have bearing on whether or not the applicant is found to
be a person of good moral character.
Instances of drunk driving, for examples, if repeated, have supported a finding of lack
of good moral character, or failure to support dependents. Likewise, false claims of
US citizens (to obtain government jobs, for example) can be grounds of denial of
naturalization on GMC or other grounds. Unlawful voting in a federal, state or local
election can motivate a finding of GMC. Sometimes, if grounds for removability are
discovered at the naturalization interview, not only the naturalization application is
denied, but removal proceeding (i.e. "deportation") are commenced.
Before filing, it pays to have a competent immigration lawyer review your situation to
properly advise on the requirements and chances of success. Sometimes, if grounds
for removability are discovered at the naturalization interview, not only the naturalization
application is denied, but removal proceeding (i.e. "deportation") are commenced.
Acquiring citizenship is an important step in building a life in a new country. It conveys
the right to apply for federal jobs, to participate in public elections, to petition for close
relatives to become US permanent residents. It also invests the newly empowered
citizen of the responsibility of using these privileges rightfully and, whenever possible,
for the benefit of all.
If you need a skilled immigration attorney to represent you in connection with you
application for naturalization, please do not hesitate to contact us to schedule a
consultation.
Law Offices of Giuseppe Scagliarini
| Giuseppe Scagliarini, Esq. 37 Harrison Avenue Newport, RI 02840 Phone: +401-849-1220 Fax +401-633-7055 E-Mail: info@scagliarinilaw.com |
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