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Residency And Citizenship

MAINTAINING PERMANENT RESIDENCY

Despite its name, Permanent Residency is not always permanent. Immigrant status can be lost voluntarily or involuntarily through administrative actions.

Reentry Permits

Permanent residents are expected to reside in the U.S. Frequent or lengthy absences from the U.S. resulting in excessive time spent abroad can result in a finding that one has abandoned his/her Green Card. A common myth is that so long as one returns to the U.S. every 6 months, Permanent Resident Status is preserved. The law, however, grants CBP officers and Immigration Courts significant discretion in making such a finding.

We regularly represent a mobile, global clientele. One way to prevent a finding of abandonment is through the filing of a reentry permit, which may allow absences for up to two years. Please contact our office today if you hold a Green Card and plan to spend a significant time abroad.

OBTAINING U.S. CITIZENSHIP BY BIRTH

Practically everyone born within the U.S. borders acquires citizenship by birth. However, citizenship status for those individuals born abroad to a U.S. citizen parent is not always so clear or straightforward. The professionals at Green and Spiegel have extensive experience obtaining Consular Reports of Birth Abroad and U.S. passports. Consult us today if you have any questions regarding whether you or a relative is a U.S. citizen by parentage.

OBTAINING U.S. CITIZENSHIP BY NATURALIZATION

An optional end to the immigration process may be naturalization as a U.S. citizen. After five years of continuous permanent residency (shortened to three if married to and living with a U.S. citizen), a lawful permanent resident may become a U.S. citizen through the naturalization process. In order to naturalize, you must generally also:

  • 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.
  • In addition to the continuous residency, you must be physically present in the United States for at least half of the qualifying period for naturalization. Certain exceptions apply to the military and employees of U.S. firms stationed abroad.
  • Be able to read, write, and speak English at a sufficient level and have sufficient knowledge of U.S. history and government, evidenced by passing in-person testing during a USCIS interview
  • Be of good moral character
  • Take an oath to the principles of the Constitution of the United States.

Certain exceptions and accommodations may apply. Our team of professionals have extensive experience in applying naturalization applications and accompanying applicants to interviews, especially in cases where qualifications are unclear. Contact us today to determine your eligibility.

 

Insights

Sep 26, 2017

Trump Administration Announces Third Iteration of Travel Ban; Supreme Court Cancels Oral Argument

Over the weekend, the Trump Administration announced its third version of a travel ban against nationals of eight nations, adding three new countries to the list for the first time. Unlike previous bans, the travel restrictions are mostly indefinite in duration. The new restrictions prompted the Supreme Court to cancel upcoming

Sep 15, 2017

REMINDER: EMPLOYERS MUST USE NEW I-9 EMPLOYMENT ELIGIBILITY VERIFICATION FORM AS OF SEPTEMBER 18, 2017

Starting Monday, September 18, USCIS will no longer accept previous versions of Form I-9 for Employment Eligibility Verification. As of this date, all employers must begin using the latest edition (edition date (7/17/2017) for all new-hire verifications. The new Form I-9 is available on the USCIS website. The revisions to the form were largely technical in nature. The specific modifications to Form I-9 have been documented in greater detail in a post we published on July 21. Contact Green and Spiegel today if you have any questions or concerns relating to Form I-9 or your company’s employment verification processes.


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