Should I Do an Adjustment of Status or Consular Processing?
Naturalization is how immigrants become citizens of the United States. If you would like to apply for naturalization, you should use the Application for Naturalization – Form N-400. Additionally, if you would like to obtain proof of citizenship for a child who already acquired or derived U.S. citizenship and is under 18 years old, you may use the Application for Certificate of Citizenship – Form N-600 (or Form N-600K in certain cases for children residing outside the United States). It is important to have quality legal support through this significant legal matter. Contact an N-400 application lawyer here at Sesini Law Group for a consultation to discuss your path to citizenship.
Qualifications for citizenship
There are many paths to citizenship. You may be eligible to apply for a green card and then for citizenship through your family, a job offer or employment, refugee or asylum status, or other special provisions. In some cases, you may even be able to self-petition.
Common pathways to lawful permanent residence include:
- Family-Based
- Job or employment-based
- Refugee or asylum
- Special programs
Family-based
Immediate relatives of U.S. citizens do not have to wait for a visa, and there is no limit to the number of visas that can be issued, unlike with some other eligibility categories.
Immediate relatives include:
- Parents of a U.S. citizen who is at least 21 years old
- Spouses of a U.S. citizen
- Unmarried children under the age of 21 of a U.S. citizen
Job or employment-based
People who would like to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa when they are outside of the country. Entry in this category is limited.
The U.S. Department of State is the agency that allocates and grants visa numbers. Employment-based visas are limited to at least 140,000 per year, and the actual figure is higher in years when family-preference numbers go unused. Additionally, there are limits to the percentage of visas that can be allotted to each country. Due to these limits, applicants in certain categories or from certain countries may face significant wait times. If you are interested in obtaining a visa in a competitive category such as employment, it is particularly helpful to have the advice and assistance of an experienced immigration attorney.
Refugee or asylum
If you were admitted to the United States as a refugee or as a qualifying spouse or child of a refugee, you are required to apply for permanent residence after one year of physical presence in the United States. Additionally, if you were granted asylum in the United States or are a qualifying spouse or child of an asylee, you may apply for permanent residence after one year of physical presence following the grant of your asylum status.
The Process
If you are applying for lawful permanent residence (a green card) through adjustment of status, petitioning for adjustment of status can take several months to more than a year and will require biometrics and a formal interview. If the person petitioning is the spouse of a United States citizen, then the immigration officer conducting the interview will require proof of a valid marriage. While the Adjustment of Status Application is being processed, many people also file for employment authorization and “advance parole,” allowing them to work and travel to and from the United States prior to completion.
If you are applying for naturalization using Form N-400, the process typically includes submitting the application, attending a biometrics appointment, completing an interview, and passing English and civics tests (unless an exemption applies). Processing times vary depending on the applicant’s location and circumstances.
When You Can File Your N-400
Timing your filing correctly matters, because filing too early results in rejection and filing later than necessary delays your case.
You may file up to 90 days before you complete the required period of continuous residence. Under the five-year rule, that means filing as early as 90 days before your fifth anniversary as a green card holder. Under the three-year spousal rule, the same window applies to your third anniversary. This allowance covers only the continuous residence requirement. Every other requirement, including good moral character and the marital union requirement, must still be satisfied when you file and through the oath ceremony.
Calculating the date incorrectly is a common reason for rejection, which means refiling and returning to the back of the queue. If you are close to the edge of your window or have spent extended time outside the United States, confirm your eligibility date before submitting.
Contact an N-400 Application Lawyer in Milwaukee
If you would like to apply for citizenship, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request to obtain legal advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition or waiver request. Contact Sesini Law Group.
