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Naturalization is the legal process of obtaining citizenship in the United States. Citizenship itself can be obtained either through birth — if you were born in the U.S. or had parents who were citizens at the time of your birth — or through naturalization. The two terms are closely related and often used interchangeably by mistake. If you are applying for citizenship as an immigrant, you will need to complete the naturalization process.

The first step is determining eligibility. You may be eligible for naturalization if you are:

1. 18 or older;
2. a permanent resident for a specific amount of time (usually five years, but less for some individuals);
3. a person of good moral character;
4. able to demonstrate basic knowledge of U.S. history and government;
5. able to show continuous residence and physical presence in the U.S.; and
6. able to read, write and speak English — though there are exceptions to this rule.

A denial is not the end. You can appeal the decision with USCIS, and you may also petition a federal judge to review your denied application. If your naturalization application has been denied, contact us — our attorneys have years of experience with immigration law and can help you understand your options.

There are two general ways to obtain citizenship through U.S. citizen parents: one at birth, and one after birth but before the age of 18. Because immigration law here is complex and changes often, consulting an experienced attorney is advised.

You may be eligible if you are:

1. an immediate relative — spouse, child under 21, or parent — of a U.S. citizen;
2. a family member of a U.S. citizen fitting into a preference category, which includes children over 21 (married or unmarried) and siblings;
3. a family member — spouse or child — of a green card holder.

If your status was based on a fiancé(e) or marriage visa, your residency may be in jeopardy if you later divorce. One option to consider is filing an I-751 Petition to Remove the Conditions on Residence as a way to maintain permanent residence. We can help with this and other family-based matters.

There are four routes to a green card through an employer:

1. Job offer
2. Investment
3. Self petition
4. Special categories of jobs

To visit temporarily or be granted entry for a specific period, you need a non-immigrant visa. Common types include a student visa, a business investor visa if you plan to invest in a business here, or a tourist visa for travel.

Changing status while in the United States can be difficult, and there is no guarantee it can be done. Whether it is possible, and what it requires, varies from person to person — which is why this question can only be answered after consulting an experienced immigration attorney. We will review your status, analyze the situation, and help you map the course of action best geared to your objectives.

You can sponsor them for a fiancé(e) visa petition, or you can marry in their country or a third country and file a spousal petition. Each option changes the application to be filed, the evidence to be compiled, and when the person can enter the U.S.

The person may come to the United States on either a permanent or a temporary basis. Which route is available depends on your specific circumstances, which we can examine with you.

Yes. As a person living in the United States you should report criminal activity to the appropriate authorities. Often, by cooperating with police, you may become eligible for a visa based on your victimization and cooperation. Contact us to discuss eligibility.

Whether you can employ a foreign worker depends on the type of employment and on the worker’s status and qualifications. Contact us to discuss your company’s sponsorship of employment immigration visas for temporary hiring of professional, skilled and unskilled workers.

You must wait for approval of the petition. An exception may apply if you are petitioning for an H-1B non-immigrant and the employee is already in the United States in H-1B classification.

Contact an immigration attorney at our firm at 212-634-6322. We will review your current status and situation and help you determine the best course of action. Time is critical with expired visas, so we advise you not to delay.

Deferred action is not permanent residency and it is not citizenship. It is a discretionary act of prosecutorial discretion that defers a removal action. While in deferred action, the immigrant will not be removed from the U.S.

1. Came to the U.S. under the age of sixteen;
2. continuously resided in the U.S. for at least five years preceding June 15, 2012, and present in the U.S. on June 15, 2012;
3. currently in school, a high school graduate or GED recipient, or honorably discharged as a veteran of the Coast Guard or Armed Forces;
4. not convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and does not otherwise pose a threat to national security or public safety; and
5. not above the age of 30.

According to the U.S. Department of Homeland Security, deferred action is granted for two-year periods. When the period expires, the immigrant needs to renew and have the case reviewed again.

The directive applies both to individuals with pending removal cases and to those with final orders of removal. Regardless of which applies, someone who meets all the criteria may request a review of their case for deferred action.

Yes. Those who meet the criteria must request a review by USCIS.

No. Deferred action does not grant any further permanent legal status or citizenship.

Yes. Individuals who meet the criteria and are approved for deferred action may apply for employment authorization.

You must attend all court hearings or risk an order of deportation. If you do not already have an attorney, contact us so we can determine what relief may be available to you and review your documentation.

Charges or convictions that appear minor can have severe consequences for your status. Contact us to discuss how the issue may affect you before it becomes an emergency.

Not necessarily. A public charge is a person who has become, or is likely to become, primarily dependent on the government for subsistence — which can include receiving government financial assistance or being institutionalized for long-term care at government expense. Being a public charge is grounds for deportation or inadmissibility. However, not all assistance makes you a public charge. This is a complicated area, and you are encouraged to seek advice if you think you may be affected.

Waivers are often necessary because of unlawful presence or criminal activity. The government frequently gives very short deadlines for submitting a waiver, so it matters that you hire the right attorney quickly. Our firm has experience preparing I-601, I-601A, I-602 and I-212 waivers.

If you have a relative in the United States who is a citizen or lawful permanent resident, and that person would suffer extreme hardship if you were found inadmissible or removed from the country, you might qualify.

Not to be confused with a waiver of inadmissibility sometimes granted in family-based cases, a national interest waiver involves an employment-based EB-2 visa. It waives the requirement that an EB-2 applicant first have a permanent job offer and labor certification, allowing an individual to self-petition without a specific job offer. It may be granted to a researcher or professional with an advanced degree or exceptional ability who can prove that granting the waiver would benefit the United States and be in its national interest.

Asylum and Temporary Protected Status are two forms of protection the United States offers to those who fear returning home. By consulting with our firm you will have an attorney experienced in immigration law who will give you an honest assessment of your eligibility and personally handle your case.

The Secretary of the Department of Homeland Security has authority to create and extend temporary protected status for foreign nationals unable to return to their home countries for a temporary period because of war or other conflict, environmental disaster, or other extraordinary but temporary circumstances.

TPS is not automatically awarded to all residents of these countries. To be eligible, a foreign national must apply with USCIS, which administers the program for DHS. Certain preconditions apply. Check with us for the list of countries that currently qualify.

If you have an application receipt number — usually mailed by USCIS after they receive your application — and your case is pending at an Immigration Service Center, you can check it at Case Status Online or by calling USCIS at 1-800-375-5283 and following the automated instructions.

If your case is pending at the immigration court or the Board of Immigration Appeals, you can check by calling 1-800-898-7180 with your alien number (it starts with an A and appears on your immigration documents) and following the automated instructions. There are options to hear your status in Spanish or English.

Yes. Immigration regulations require all persons who are not U.S. citizens — including lawful permanent residents — to inform USCIS of any change of address within 10 days of moving, by completing Form AR-11, Change of Address.

Yes. You have the right to the attorney of your choice, and you may change attorneys at any time even if you have signed a contract. Ask about what impact, if any, changing attorneys could have on your case. You must also end representation with one attorney before beginning with another, so make your intentions clear to both.