First and foremost, an individual must be eligible to become a United States citizen. There are several parameters a person must meet before s/he is eligible for citizenship. Unless a special waiver or exception applies, all applicants must be at least 18 years old.
Generally, a person is eligible to apply for citizenship if s/he has been lawfully admitted for permanent residence through one of the various avenues of adjustment of status (i.e. employment, family, asylum, etc.). The Applicant must prove that s/he has continuously resided as a lawful permanent resident in the United States for at least five years prior to filing for citizenship. Marriage-based petitions are an exception to the five year requirement. A person who obtains permanent residency through a marriage-based petition must wait two years, nine months from the date such status was granted before filing for citizenship, if the petitioner was an American citizen and they are still married and residing together. The Applicant must prove that s/he has been physically present in the United States for at least 30 months out of the previous 60 months. (i.e. the 30/60 rule). The Applicant must prove s/he has been a person of good moral character for the statutory period. Generally, the statutory period is five years. The statutory period is three years for persons who obtained permanent residence through a marriage-based petition.
The Applicant must also meet language and civics requirements.
It is important for persons who think they may be eligible for citizenship contact an experienced immigration attorney to review their file to make sure they are indeed eligible. There are various instances where a person may think they are eligible but are not for one or more reasons.
Evan Shane and Michael Shane, Attorneys at Law
9100 South Dadeland Blvd, PH-2, BR>Miami, Florida 33156.
305 671-8777; 954 772-8782.
www.shanelaw.com
-- Michael Shane