Tag: U.S. citizenship

Proving your citizenship: Born outside the U.S. to a U.S. citizen parent

Proving your citizenship: Born outside the U.S. to a U.S. citizen parent

Typically, when a child is born outside the U.S. to parents who are U.S. citizens, they would file a Consular Report of Birth Abroad (CRBA). The U.S. Department of State issues CRBAs before a child turns 18 and are proof of the child’s U.S. citizenship. The Consular Report of Birth Abroad (CRBA) lists the names of the parents with a biological or gestational relationship to the child. It is essential for the parent(s) transmitting U.S. citizenship to have their name(s) documented on the CRBA. In cases where one parent is conferring citizenship while the other is not, the parent granting citizenship may consent to include the other parent’s name on the CRBA.

If your parents did not apply for a CRBA, you have two options for getting your citizenship recognized:

1. Applying for a U.S. passport – if your parent did not register your birth at a U.S. embassy or consulate, you will need:

-Your foreign birth record showing your parents’ names

-Evidence of a parent’s U.S. citizenship

-Your parents’ marriage certificate, if applicable

-A statement from your U.S. citizen parent(s) which lists where and when they lived in the U.S. and abroad before your birth

If your parents were not married at the time of your birth and only your father is a U.S. citizen, then you will need to provide additional evidence that he is your biological father.

2. Applying for a Certificate of Citizenship – Submit Form N-600 to get a Certificate of Citizenship. This document serves as proof that you are a U.S. citizen.

Navigating the complexities of proving citizenship can be daunting, especially if CRBAs were not obtained at birth. However, with the right guidance and support, individuals born outside the U.S. to U.S. citizen parents can successfully establish their citizenship. It’s essential to ensure all necessary documents are gathered and submitted accurately to expedite the process. Additionally, seeking legal assistance can provide invaluable insights into the nuances of citizenship recognition and ensure compliance with relevant regulations. Our experienced team at Cambridge Immigration Law is dedicated to assisting clients in navigating the intricacies of citizenship applications and advocating for their rights. We are committed to empowering individuals to assert their U.S. citizenship with confidence and ease.

Contact us today to learn more about how we can assist you in proving your U.S. citizenship and securing your legal status in the United States.

Two Approved Naturalization Applications in One Week

Approved naturalizationLast week, two of our clients had their Naturalization interviews.  Their naturalization applications both got approved!

One of cases dealt with a green card holder that after living in the U.S. for over 40 years finally decided to apply for their U.S. citizenship.  The other approval required intense preparation for the interview due to their prior arrest.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of couples traverse the complicated immigration and citizenship process. We would love to help you as well.  Call 617-714-4375 or email hello@cambridgeimmigrationlaw.com to get in touch.

USCIS Announces a Revised Naturalization Civics Test

U.S. Citizenship and Immigration Services <uscis@public.govdelivery.com> reported the following today:

WASHINGTON — U.S. Citizenship and Immigration Services announced today plans to implement a revised version of the naturalization civics test. The agency first announced plans to revise the civics test in July 2019.

USCIS revised the civics test as part of a decennial update to ensure that it remains an instrument that comprehensively assesses applicants’ knowledge of American history, government and civic values.

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Why Misrepresenting Yourself is an Immigration No-No

 

A top priority for the U.S. Citizenship and Immigration Services is to identify people who are attempting to abuse the U.S. immigration process. As a result, if USCIS finds that you are misrepresenting yourself or your history to try to get into, or stay in, the United States, the penalties are severe. 

According to 8 U.S.C. §1182(a)(6)(C)(i), “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.” What does this mean? Lying to an immigration officer, lying on any immigration application, or submitting fraudulent or even minorly altered documents to an immigration agency, subjects you to a lifetime ban from the United States.

Some examples of situations that may create a lifetime ban:

  • When seeking a marriage green card, if USCIS determines that the marriage wasn’t bona fide, meaning it was a marriage entered solely to obtain a green card, this can subject you to a lifetime ban.
  • If you abuse a tourist visa, USCIS may subject you to a lifetime ban. For example, you are not permitted to seek permanent residency by entering the U.S. on a tourist VISA. If you enter the United States on a temporary VISA with the intention of filing for a green card, you risk the agency finding that you were intentionally abusing your temporary visa and may subject yourself to a permanent ban from the U.S.
  • If you misrepresented yourself on a prior application, this could cause problems even if you didn’t fill out the form yourself. For example, if you hired an attorney in a foreign country to complete an application on your behalf, any misrepresentation on the prior application, whether approved by you or not, can subject you to a lifetime ban.
  • Immigration agencies often considers omissions from your application as intentional misrepresentation. For example,  USCIS may charge you with misrepresentation if you you don’t include your prior marriage, an earlier arrest, or you don’t include all of your group memberships, thinking they aren’t necessary.  

The immigration application process can be fraught with pitfalls. That’s why it’s a good idea to consult an experienced immigration attorney before filing an application with the USCIS. Even if you have a criminal or organizational history that you think may disqualify you, or if you believe you have engaged in misrepresentation, I may be able to help. I have helped people from around the world overcome small and large obstacles during the U.S. immigration process. I would love to help you too.

Disclosing Criminal Histories on Immigration Applications: What You Should Know

The United States requires all applicants for immigration benefits to disclose information about their criminal history, whether applying for a visa, green card, or U.S. citizenship. If you have a criminal record, this can be worrying. 

If you have any criminal history–even if you were never arrested nor convicted of anything–you should consult with an attorney about the immigration consequences of your criminal history. Having a criminal history does not necessarily mean your application will be denied. If you are eligible to apply for any immigration benefits, you must report your criminal history honestly and accurately. Omitting information, changing information, and other ways to misrepresent your criminal history could result in the US government charging you with misrepresentation, which is a problem to overcome. 

Here’s what you need to know.

Disclose your full criminal history

You should disclose any criminal conviction, arrest, or charge on your immigration petition unless advised otherwise by a qualified immigration attorney. In most cases, you should disclose a conviction even if the record is expunged or sealed. 

If you have a juvenile record, you should consult with an attorney about whether it needs to be disclosed, even if a court sealed the record. Some juvenile issues are not considered criminal. Others are considered criminal. Even if considered criminal, the issue may not negatively affect your eligibility for immigration benefits. There is an exception to ineligibility for immigration benefits based on a crime of moral turpitude if you were under 18 when the crime took place and took place over five years ago. 

How the USCIS evaluates criminal histories

Some crimes disqualify you for all immigration benefits. Some crimes require you to apply for a waiver of inadmissibility. Some crimes have no statutory effect on your immigration status, but will be considered in the total discretionary analysis of you as an application for immigration benefits. 

What to do if you have a criminal history 

You must consult with an experienced immigration attorney before applying for any immigration benefit through USCIS, the Department of State or the Immgration Court. 

As an immigration lawyer, I can assess how your criminal history might affect your application and how you should disclose the history on your application. My work with clients around the world and in the U.S. helps make complicated immigration procedures and paperwork go as smoothly and efficiently as possible.

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You should consult with an attorney to figure out if you are eligible for a green card before you submit any applications or documents to the U.S. government.