Naturalization & Citizenship

I used to tell clients that one important advantage to becoming a U.S. citizen is that U.S. citizens cannot be deported. (Alas, that was until I read about U.S. citizens who have been wrongfully deported). Nevertheless, becoming a U.S. citizen offers many important advantages besides a defense against deportation, such as visa free travel to many countries, eligibility to petition for relatives, automatic citizenship for permanent resident children under 18 who reside in the custody of at least one U.S. citizen parent, voting rights, and the right to work for the U.S. Government. For many clients, the decision to seek U.S. citizenship can be a practical one. And as any other practical decision, it requires careful planning, good timing, and experienced immigration counsel. Though the application process is fairly simple, mistakes can be quite costly, and not only in terms of time and money. Prematurely filed applications will be denied, which may result in delayed eligibility for the immigration of qualifying relatives and delayed U.S. citizenship for foreign born children. Applications by those convicted of certain criminal offenses may actually trigger deportation proceedings. Applications by those who have failed to preserve their lawful permanent resident status or have abandoned it may not only result in the denial of naturalization, but also lead to the loss of lawful permanent residence.

I represent clients in all areas of U.S. Citizenship, Naturalization, and Nationality Law, which is considered one of the most complex laws of this kind in the world. From applications to preserve residency for naturalization purposes to denaturalization proceedings, relinquishment of citizenship, and everything in between, such as administrative appeals of naturalization denials based on the alleged lack of “good moral character” or other disqualifying factors; expedited naturalization based on the qualifying employment or military service of a U.S. citizen spouse under Section 319(b); expedited naturalization based on the qualifying military service under Sections 328 and 329 of the Immigration & Nationality Act; naturalization applications with reduced residency requirements for spouses of U.S. citizens; derivation claims to U.S. citizenship through parents and grandparents; claims to U.S. citizenship of children born abroad in or out-of-wedlock to one or both U.S. citizen parents; and, petitions for judicial review of naturalization denials or mandamus relief for delayed applications in U.S. Federal District courts.