Everything you need to know about naturalization in the United States: a lawyer answered readers' questions ForumDaily

From 2014 to 2017, about 2,3 million green card holders received American citizenship. At the same time, more than 220 thousand permanent residents were denied naturalization by the US Citizenship and Immigration Services. The reasons may vary from deliberate misrepresentation of information on Form N-400 or failure to submit the required documents to careless errors. And if earlier immigration officers gave the opportunity to correct mistakes or send missing documents, now everything has become much more complicated - the immigration service can refuse to satisfy any application even due to small errors. So in light of recent events, the old lawyer joke that naturalization is the US government's last chance to deport an immigrant has become more relevant than ever. ForumDaily asked immigration lawyer Olga Gambini to explain all the nuances of the naturalization process in the United States and answer questions of interest to our readers. Below we publish her answers to questions that readers sent us by email and our facebook page.

Olga Gambini. Photo: gambinilaw.com

From lawyer Olga Gambini: Thank you very much to all who addressed with questions. I hope that my answers will help you with a complex immigration process. I would like to emphasize that each situation is unique and there may be circumstances that affect the outcome of the case, but you did not take them into account by asking a question. Therefore, I always recommend to seek individual advice from a professional. Please do not regard my recommendations as legal advice, all the answers are given as general information without taking into account the individual features of the case.

Good day! 31 January 2019 will be 5 years from the receipt of the green card. Question: when can I apply for citizenship?

Similar questions: - How long before you can apply for citizenship if you are married to a citizen? Thank you

— I'm planning to move from Florida to another state. How long should I stay in the state before applying for N400 for a passport? Some say 3 months, others say at least a year.

The answer to this question depends on several factors: the basis for obtaining a green card, the term of permanent residence (continuous residence), the period of physical presence in the US (physical presence) and residence in the state where you apply for citizenship. Permanent residence, as a rule, should be 5 years. In the case of acquiring a green card through a marriage with a US citizen or a VAWA petition, the permanent residence must be 3 of the year. The physical presence must be at least 30 months from 60 or 18 from 36. Residence in the immigration district must be 3 a month before applying. The application for naturalization can be submitted 90 days before the expiration of 3 or 5 years from the date of acquisition of a permanent residence.

I'm waiting for my second green card. In a month it will be 3 of the year, as I received the first one. Can I apply for citizenship without having received a permanent grink?

If all other conditions are met, it is not necessary to wait for the green card itself. Attach a copy of I-797 Notice of Action to the package of documents stating that your status has been extended for 18 months.

At the time of obtaining citizenship to be filled 63 year. Question: If English is very bad, is it possible to use the services of an interpreter? Not disabled, I work, but the language is very difficult.

Depending on the length of your status as a green card holder (at your age this period should be at least 15 years), you can get an automatic release. You can also contact your doctor to examine you for learning or other problems that impede language learning. To be released from the exam, the doctor will need to complete an N-648, Disability Waiver form. In this case, keep in mind that the immigration officer conducting the interview is not obliged to take this form into account and will decide at the time of the interview whether you are exempted from the language test or not.

I had a speeding ticket. Can I have a problem with this when I apply for citizenship?

One of the necessary conditions for acquiring citizenship is the presence of good moral character (GMC), as a rule, the presence of a fine for speeding does not negatively affect this factor. However, you must mention this when filling out the application and attach a certified copy of the ticket and a document confirming that you have paid the fine.

Olga Gambini. Photo: gambinilaw.com

Hello. I have two daughters, the older 18 and the younger 12. The eldest will apply for naturalization on her own, as I understand, and the youngest will automatically receive a passport after my naturalization, but I read that she will still need to receive a certificate, and its price is 1300 dollars for her, is it true? Why do we get cheaper citizenship from a senior? Thank you in advance.

In answering this question, I assume that your youngest daughter has a valid green card (you did not indicate this). There are many subtleties in this situation, but for the sake of a short answer, I would recommend immediately applying for a US citizen passport for your youngest daughter, since filing an N-600 is not the only way to document the so-called derivative citizenship.

Having a green card, I applied for reunification with my daughter and granddaughter in the 2016 year after I became a citizen. How do I fill out documents for them, what will happen to my queue and how long to wait for her? Thank you so much for the answer.

After acquiring citizenship, the F2B category is converted to the F1 category. Additional forms do not need to submit. You will need to keep track of your priority date under the appropriate category in the visa application. As of now, waiting for your daughter would be less on 6 months if you are a green card holder.

By this link You will be able to track deadlines that are updated every month.

I submitted documents for naturalization in February 2018. I received an answer about the exam date - it will be in May 2019. In February 2019, children's green cards expire (they were issued for 2 years). Should I renew them, or can I take the exam in May and then naturalize my children?

You will need to file I-751, Petition to Remove Conditions on Residence for each of the children. At the time of your acquisition of citizenship, they must be in the status of a green card holder (Lawful Permanent Resident).

Good day. I own a green card and live in the US for about 8 months. For family reasons, I would like to live at home, in Belarus, but I don’t want to lose my green card ... I met on the Internet that to maintain status, it’s enough to come to the US for a week a year. Tell me how things really are, and what time do you need to live in the US? Sincerely, Dmitry.

Dmitri, coming for the week of the year will not be enough. Long-term absence is treated as abandonment. If you are planning a long absence, you can apply for a Re-entry Permit, form I-131. Having this document, you will avoid undesirable consequences of your long absence. Also keep in mind that the duration of your physical presence in the country affects your future acquisition of citizenship.

My daughter is a US citizen and lives in California. She filed a petition for family reunification. Is it mandatory to enter California or can we naturalize in another state if there is work for us there?

Entering California is optional. You can apply for naturalization in the state jurisdiction where you live at least 3 a month.

Now the waiting time for consideration of the application for naturalization has increased significantly. If before it was possible to obtain citizenship for six months, now, they say, you need to wait a year and a half. If you draw up all the documents for naturalization with a lawyer, is it possible to speed up this process?

As a rule, the mere fact of having a lawyer in the case does not affect the speed of consideration of your application. However, a lawyer will be able to prepare a set of documents that does not require multiple requests for additional evidence (Request for Evidence) and this will help reduce the time for consideration.

Hello, I have been married to a citizen of America for a year now, I got an SSN through 6 months, but I’m not invited to an interview to get a green card. How long do you have to wait by law?

A similar question: I married an American, almost four months have passed since I passed my prints, but have not received an SSN yet. How much time should I wait for legalization? Thank!

Terms of consideration of various forms are constantly changing and depend on the place of consideration. You can track dates online at this link.

If your term goes beyond the published limits, you can submit a request (eRequest) for this link.

Hello! After what period of stay in the US on the green card, you can invite a parent, or what kind of visa do you need to issue a parent to come to visit? And the maximum for how long? Thank you in advance.

You can invite parents on a tourist visa B-2 Visitor. The period of availability of the green card will not affect this process. The application will be considered on the basis of the evidence provided by them, which should show that the visit will be temporary and they have no intention of staying in the United States permanently. The term of the visa depends on the country of which your parents are citizens, can be from one to ten years. The length of stay in the United States is determined upon entry into the country using the I-94 form and, as a rule, is 6 months. It should be guided by this term, and not the validity of the visa.

Contact lawyer Olga Gambini:

Do you want more important and interesting news about life in the USA and immigration to America? — support us donate! Also subscribe to our page Facebook. Select the “Priority in display” option and read us first. Also, don't forget to subscribe to our РєР ° РЅР ° Р »РІ Telegram  and Instagram- there is a lot of interesting things there. And join thousands of readers ForumDaily New York — there you will find a lot of interesting and positive information about life in the metropolis.