Immigration & Nationality Law - Los Angeles Citizenship Attorneys
Citizenship and naturalization can be accomplished in several different ways, and the immigration law experts at Wilner & O'Reilly help foreign-born children and adults find the path that will lead them through the legal process to full enjoyment of the rights and privileges (and responsibilities) of U.S. citizenship. People seeking a citizenship attorney in Los Angeles or anywhere in Southern California trust Wilner & O'Reilly to help them with their citizenship or naturalization legal issues.
What is Citizenship?
Citizenship is the status granted to persons born within the United States, entitling them to the full enjoyment of the civil rights granted by this country. Naturalization, on the other hand, is the process by which a person acquires nationality after birth, thereby becoming entitled to all the privileges of citizenship. In other words, a naturalized person is a citizen of the United States the same as someone who was born in the U.S. According to the 14th Amendment of the U.S. Constitution, all persons born or naturalized in the United States are citizens of the U.S. and the state in which they reside.
Becoming a citizen of the United States has many advantages to someone currently under immigrant status. Citizens may be able to bring over other family members for permanent residence in the U.S. with greater ease than noncitizens. Also, any children born abroad to someone who is a U.S. citizen will in most cases also be a U.S. citizen (see Acquisition of Citizenship and Derivative Citizenship below).
Acquisition Of Citizenship
The two primary ways of acquiring citizenship are through birth or naturalization.
Birth
The two primary concepts for establishing citizenship by birth are jus soli (law of the soil) and jus sanguinis (law of the blood). U.S. law incorporates both of these concepts. A person born on U.S. soil is a U.S. citizen. Also, a person born abroad to parents who are U.S. citizens may also be a U.S. citizen. Whether or not a person born abroad is a U.S. citizen depends upon whether one or both parents are U.S. citizens and the amount of time the parent or parents lived in the United States.
Naturalization
Whether an individual is eligible for naturalization involves a host of factors depending upon the person's age, marital status and military status, time as a permanent resident, length of continuous residence and physical presence in the U.S., knowledge of English and Civics, and possession of Good Moral Character. If you are unsure about your eligibility for naturalization, consult with the Orange County immigration lawyers at Wilner & O'Reilly for an initial determination.
The naturalization process in most cases requires use of Form N-400, the Application for Naturalization. Once the N-400 is completed and sent in along with the application fee, the individual will be fingerprinted and interviewed by CIS. Missing an interview can cause your application to be denied. The interview includes a citizenship test, examining the applicant's English-language ability and knowledge of American civics. The naturalization process concludes with the person taking the Oath of Allegiance to the United States in a formal naturalization ceremony, which may take place in court and sometimes on the same day as the interview. The entire process can take several months, depending upon the volume of applications in a given office and whether there are any difficulties in processing a particular application (such as missing or incomplete information).
A person whose application was denied may request a hearing before an immigration officer. This appeal must be requested within 30 days of the denial in order to be granted, and must be completed using the correct form (N-336) and fee. If the appeal is denied as well, the person may file a petition for review of the application in U.S. District Court. It is possible in many cases to reapply by filing a new Form N-400 if the original application is ultimately denied.
Child Citizenship Act
Another path to citizenship for children of American citizens lies with the Child Citizenship Act of 2000. This law applies to foreign-born children of U.S. citizens, whether biological or adopted, and grants citizenship automatically upon entering the United States as lawful permanent residents.
There are several requirements which must be met in order for a child to be eligible for citizenship under this law. For instance, the child must be under 18 years old, must have at least one parent who is an American citizen by birth or naturalization, and must live with that parent under both legal and physical custody. Also, the child must have been admitted to the U.S. as an immigrant for lawful permanent residence, which is most often shown by possession of a green card or a passport with an I-551 stamp.
Derivative Citizenship
Children whose parents are naturalized become citizens through the concept of derivative citizenship. This doctrine may apply as well to foreign-born children who are adopted by U.S. citizens, under certain circumstances.
Advice and Assistance from the Immigration Experts
If you are attempting to become a naturalized U.S. citizen, or have questions about citizenship status for yourself or your children, contact the immigration experts at Wilner & O'Reilly for sound professional advice and representation from an experienced Los Angeles citizenship attorney to set you and your family on the path toward U.S. citizenship.
