Orlando Naturalization Lawyer
Naturalization is the process in which a person that is born outside of the United States obtains U.S. Citizenship. The process is tedious, yet very rewarding. To be eligible, there are a few conditions you must meet before filing. Hiring an experienced naturalization attorney who understands the law could help streamline the process, make sure all eligibility requirements have been met, the application is complete and properly filed and prepare you for for what to expect at interview.
Privileges of becoming a US citizen
One of the biggest privilege is the ability to register to vote. Other privileges include the ability to travel for long periods of time, and the ability to petition for parents, siblings, and married children. Freedom to express yourself. Freedom to worship as you wish. Right to a prompt, fair trial by jury. Right to vote in elections for public officials. Right to apply for federal employment requiring U.S. citizenship. Right to run for elected office. Freedom to pursue “life, liberty, and the pursuit of happiness.
US naturalization requirements
You are eligible to file for Naturalization if:
- You are 18 years old at the time of filing the N-400 application;
- You have been lawfully admitted permanent residence (Green Card);
- You have been a permanent resident for at least 5 years at the time of filing form N-400; You have continuously resided* in the US for at least 5 years as lawfully permanent resident prior to filling out Form N-400;
- You have been physically present* in the U.S. for at least one-half of the required statutory years at the time of filing;
- You have demonstrated good moral character for at least 5 years prior to the Form N-400 filing date, and the period leading up to taking the Oath of Allegiance;
- You can demonstrate the ability to read, write, and speak ordinary words used in the English Language (some exceptions apply, e.g., age and disability); and
- You are able to demonstrate a basic knowledge of U.S. history and government (some exceptions apply).
What is the difference between physical presence and continuous residence?
Continuous residence is where permanent residents maintain their residency in the U.S. (5 years, 3 years for Spouse of U.S. citizenship applicants). Travel in and out of the U.S. is permitted. However, if you have been outside of the U.S. for a continuous period of more than 6 months, you have broken your continuous residence and should contact an attorney before applying for naturalization.
Physical presence is the accumulation of total time spent in the U.S. for the required statutory period. This is the number of days you have actually been present in the U.S. As noted above, travel outside the U.S. is permitted. However, that time spent out of the U.S. does not count toward the statutory time as it does with continuous period. You can accrue continuous residence while out of the U.S., but it will not be counted towards physical presence.
Naturalization: For spouses of U.S. citizens
Spouses of U.S. citizens are eligible to naturalize within three years of their permanent resident status if they meet the criteria below. The requirements are similar to those of Naturalization. However, required lengths of residency and presence are shorter than the standard naturalization requirements. You may qualify if you:
- Have been a legally permanent resident for 3 years (Green Card);
- Have been living in marital union with the same citizen spouse during past 3 years;
- Have been physically present in the U.S. for 18 of the 36 months in which you were a permanent resident;
- Have lived in the State in which you are applying in for the last 3 months;
- Have continuously resided* in the U.S. for at least 3 years as A lawful permanent resident prior to filling out Form N-400; and
- Meet all other general requirements (Age, Good Moral Character, read/write/speak English, and Pass the Civics Test).
What if I was married to a U.S. citizen, but I left because of abuse, do I apply at 3 years or 5?
- In many cases, it may still be possible to naturalize within 3 years if the abuse was committed by a U.S. citizen spouse. These cases can be complicated and it is best to contact an attorney for additional guidance.
Naturalization: For spouses of U.S. citizens employed abroad, EXEMPTION of physical and continuous residence requirements.
Naturalization is also available for spouses of U.S. Citizens that are employed abroad. You or your spouse may qualify for this if you:
- Are employed by the U.S. Government (also U.S. Military, or other qualifying employer such as an American firm or Corporation engaged in trade or commerce of the United States);
- Are a Permanent Resident (Green Card holder) for at least 3 or 5 years based on the qualifiers above and are married to a U.S. citizen spouse; and
- No specific time of residence or physical presence in the U.S. is required to satisfy this exemption.
This is a very nuanced exemption, but extremely beneficial for individuals who would otherwise never meet the requirements. Mubarak Law has handled these types of cases successfully for clients from all over the world. If you are abroad and would like to know if you qualify for naturalization to become a U.S. citizen, please contact our office.
Which are the responsibilities of a US citizen?
- Support and defend the Constitution.
- Stay informed of the issues affecting your community.
- Participate in the democratic process.
- Respect and obey federal, state, and local laws.
- Respect the rights, beliefs, and opinions of others.
- Participate in your local community.
- Pay income and other taxes honestly, and on time, to federal, state, and local authorities.
- Serve on a jury when called upon.
- Defend the country if the need should arise.
Traveling during the naturalization process
You can travel during the naturalization process but keep in mind, if you are concerned about physical or continuance residence requirements, that you need to be sure you will still be eligible. It is your responsibility to update the officer of trips taken after the filing but before the interview during your naturalization interview.
Breaks in continuance residence (Trips 6 months, and longer)
For breaks in continuance residence that are 6 months or more, but less than one year, the applicant will have to overcome a presumption of a break in continuance residence. This can be done by providing evidence, and testimony to show that the length of the trip was outside one’s control. The officer will ultimately make a decision at the interview. If the applicant is unable to rebut the presumption, they should wait 4 years and 6 months to establish continuous residence. Our experienced Orlando Immigration attorneys are available to discuss your situation. In order to rebut the presumption, one should seek the counsel of an experienced attorney. It is no longer 4 years and 1 day. Different standards apply for trips longer than 1 year.
Interested in Becoming a Naturalized Citizen? Contact Our Experienced US Citizenship Attorney in Orlando
Many clients need assistance with an Arabic, Portuguese or Spanish speaking immigration attorney to help navigate their naturalization case through the complex U.S. immigration laws. Orlando Naturalization Attorney Mubarak speaks English, Arabic, and Spanish. He has successfully assisted clients in Orlando, Central Florida and throughout the country with their Naturalization applications. We can also assist in Portuguese. Experience counts! Check some of our previous results and our client reviews. Please call us today at (407) 502-3000 or fill out our online form located on this page and we will get back to you shortly. We have a 24-hour emergency service and we will keep your information confidential.
5 Star Reviews
Our highly experienced immigration team has received numerous 5-star reviews from our Naturalization clients. Below are some of them. Please follow the link to read more reviews!
Attorney Nayef and his staff are one of the best law firms I’ve ever dealt with. Highly trained, and very professional. They helped me with every detail of getting my citizenship. I would like to sincerely thank Mubarak law firm for the major help they offered, and for being with me every step of the process.
I hired Mr Mubarak for condition removal from my temporary green card and then for my citizenship, because of his professionalism and knowledge I was able to get the condition removed without an interview and then we filed for citizenship. He made the process smoother. He rocks and i would highly recommend his services. Thanks to Mr Mubarak and his amazing team.
I had an awesome experience throughout the entire process. I would highly recommend attorney Mubarak if you’re looking for one of the best immigration and naturalization attorneys in Orlando!
I met Nayef when he was working for NeJame law firm, he was assigned to my case. I was applying for citizenship but I had a couple of obstacles in the way. I had two misdemeanor drug charges. I spoke to a few other lawyers and there outlook was grim. But after explaining my case to Nayef I felt like there was hope. It took almost two years, I was turned down by the USCIS. Nayef told me keep my cool,he was working on it. We appealed there decision and now I am a US citizen. I would definitely recommend Mubarak law. Nayef is a great lawyer who never gives up on you. Thanks again Mr Mubarak.
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