Immigration Dictionary | Law Offices of Spar & Bernstein (2024)

Immigration Dictionary | Law Offices of Spar & Bernstein (1)

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American Citizenship is the highest legal status granted to those who live in the US. There are two ways to get citizenship status: to become a citizen by birth, or by applying for US citizenship after birth. US citizenship provides you with rights and freedoms, but it also involves many responsibilities as well.

The United States embraces immigrants from different parts of the world, and appreciates their contributions towards the nation. If you decide to become a citizen, you will need to show your commitment and loyalty to its US Constitution. In return, the country will offer you all the privileges and rights that are a part of citizenship.

US Citizenship at Birth

You are eligible for US citizenship at the time of your birth, if you satisfy the below-mentioned criteria.

If you are born in the United States or certain territories, which are subjected to the jurisdiction of the US.
OR
If your parents are US citizens at the time of your birth.

By satisfying any of the above criteria, you are eligible to obtain US citizenship at your birth.

US Citizenship after Birth

There are two ways through which you can obtain American citizenship and can enjoy lawful permanent residency in the US.

Citizenship through parents – If any one of your parents is a US citizen, you are eligible to apply for acquisition of American citizenship after your birth. But applying before the age of 18 is required, or else the acquisition request will be discarded. In case of complications, please consult our experienced attorneys before initiating the procedure.

Citizenship through Naturalization – If you fulfill the criteria of the Immigration and Nationality Act (INA), you are eligible to apply for American citizenship through Naturalization. Two things are mandatory for the Naturalization process, you are at least 18 and have been a permanent resident of the US.

You can also obtain American citizenship through special Naturalization provisions for Military Personnel & Family members. For more information about US citizenship and eligibility feel free to call us at 1-800-529-5465.

Before you apply for US Citizenship, check if you are eligible. To be eligible, you have to either have Permanent Residency (a Green Card) for at least five years, or you have been filing as the spouse of a US citizen for at least three years.

By obtaining US Citizenship, you can avail all the rights and freedom of being a permanent citizen in the United States. The US Federal Government has set strict rules & regulations for accepting the US citizenship applications of non-US citizens. Whether you are applying for US citizenship through Naturalization or parents, it is essential to understand the entire process first.

Below are some important facts, which you need to check before applying for US Citizenship.

When you apply for citizenship through Naturalization, make sure your Permanent Resident Card is valid. If you are applying in less than six months before the card expires, your application may get rejected. It is suggested to renew the card after it is expired, and then apply for US Citizenship through naturalization. Before receiving the new Green Card, if you want to apply for citizenship, then it is mandatory to provide a photocopy of Form I-90 receipt.
You need to be at least 18-years-old at the time of filing for US citizenship. Also, a person of good moral character is considered one of the eligibility criteria. You must be able to read, write or speak English. If you miss any of these eligibility conditions, there are chances your US citizenship application will be denied.
Filing US Citizenship application through naturalization involves a number of regulations. You need to prepare and submit the N-400 form thoroughly. Any mistake in the application form may result in rejection. Also, it is mandatory to take the US Naturalization test and attend the personal interview.

If you don’t have a birth certificate or are born outside the US, the filing procedure is a bit different. To avoid any confusion, you can consult our immigration attorneys. Our attorneys are experienced in immigration law practice and have extensive knowledge about the US Citizenship application. From preparing the documents to applying, our attorneys can answer every one of your immigration questions.

At Spar & Bernstein Law Offices, it is our responsibility to guide you throughout the procedure, and help you in obtaining US citizenship status. Contact us today for more information and updates regarding American citizenship.

An American Green Card holder or a permanent resident is a person who has been granted legal authorization to stay the United States on a permanent basis, including work.

To apply for a Green Card, the applicant needs to complete two forms: Form I-485 for a Green card application and an immigrant petition. This form needs to be filed by someone else ( who referred to as sponsor ), although in some cases you may be eligible to file for yourself.

There are two ways to apply for a US green card: through a family member who has a Green Card, or a company that sponsors you.

The Green Card Lottery, officially known as The Diversity Visa Lottery, is a chance for anyone from qualifying countries to get their green card. The purpose of this program is to increase diversity within the US. Hence, only people from underrepresented countries are allowed to apply.

To participate in the lottery program, you need to register and apply. If you win the American Green Card Lottery, you will enjoy all the benefits of permanent residency in the US. The DV lottery is a great way to get into the US, however, there are chances you may not qualify for the program. Even if you are eligible, only a few will win the lottery. If you don’t win the Diversity Lottery, don’t be discouraged, there are other options.

Different Ways to Apply For US Green Card, Other than the American Green Card Lottery

Green Card through Marriage – If you marry a US citizen, there is a positive chance you may get a US Green Card. Before applying, make sure you have obtained a legal marriage certificate and authentic proofs to justify your marriage. Consult with our experienced immigration attorneys to know details about the procedure.
Green Card through Employment – Employment in the US can provide you a Green Card, with all benefits of American Citizenship. Just ask your employer to sponsor you, and file the Green Card application accordingly. This approach of getting into the US entirely depends on your employment. If your employer is willing to sponsor you without any conditions, you may immigrate to the US with full rights & benefits.
Green Card through Family – It is easy to obtain a US Green Card when your family is willing to sponsor you. If your mother, father, brother, sister, or immediate relative is an American Citizen, you may able to immigrate to the US. Talk to our attorneys today to understand the entire process of immigration through the family.
The US Government is very much disciplined when it comes to immigration. The entire procedure of filing a Green Card application in the US involves many complications. Don’t lose hope, if you don’t qualify for the American Green Card Lottery.

The United States embraces immigrants from different parts of the world and appreciates their contributions towards the nation. If you decide to become a citizen, you will need to show your commitment and loyalty to its US Constitution. In return, the country will offer you all the privileges and rights that are a part of citizenship.

US Citizenship at Birth

You are eligible for US citizenship at the time of your birth if you satisfy the below-mentioned criteria.

If you are born in the United States or certain territories, which are subjected to the jurisdiction of the US.
OR
If your parents are US citizens at the time of your birth.

By satisfying any of the above criteria, you are eligible to obtain US citizenship at your birth.

US Citizenship after Birth

There are two ways through which you can obtain American citizenship and can enjoy lawful permanent residency in the US.

Citizenship through parents – If any one of your parents is a US citizen, you are eligible to apply for acquisition of American citizenship after your birth. But applying before the age of 18 is required, or else the acquisition request will be discarded. In case of complications, please consult our experienced attorneys before initiating the procedure.

Citizenship through Naturalization – If you fulfill the criteria of the Immigration and Nationality Act (INA), you are eligible to apply for American citizenship through Naturalization. Two things are mandatory for the Naturalization process, you are at least 18 and have been a permanent resident of the US.

According to the Immigration and Nationality Act Section 265, aliens or non-US citizens, must report a change of address or new address within 10 days of moving into the territories of the United States. Information related to alien’s change of address is used by DHS to alert immigrants about various immigration benefits and opportunities.

Failure to comply with the change of address is a misdemeanor crime. You can be fined up to $200 and imprisonment up to 30 days, if found guilty. In the worst case, you may be subjected to immediate removal from the United States, and you may also jeopardize your eligibility to get a future visa or permanent residence. For children under 14 years of age, their legal guardian or parents will be responsible, in case of failure to report a change of address.

How to Report the Change of Address?

Simply file the AR-11 form, (online or by mail) and report your change of address. DHS shares your submitted information to Federal, State, Local, and foreign government agencies to validate your immigration status and benefits in the United States. Before filing the AR-11 form, you need to check whether you have any pending petitions or applications regarding immigration. In case of pending applications, it is recommended to consult our team of experienced immigration attorneys in NYC.

When filing the AR-11 application form, you need to be very cautious and attentive. Make sure to submit valid information, including the present address, alien registration number, citizenship details, most recent address, signature, and date of birth. There is no need to include numerous last addresses, as the most recent address will be sufficient. And where applicable, don’t forget to mention your school and employment details.

AR-11 Form is not necessary for the following categories –

Official government representatives of international organizations with Visa status G
Tourists or nonimmigrants who plan to stay in the United States for less than 30 days
Diplomats with Visa status A
Permanent US citizens
Designated Civil surgeons. The above categories of people do not need to report their change of address via AR-11 Form. They can directly contact USCIS to notify their change of address, when required.

We at the Law Offices of Spar & Bernstein understand the complications involved with AR-11 Form, and accordingly, provide appropriate consultations. If you are unable to file your AR-11 Form, feel free to contact us ASAP.

Call us at 1-800-529-5465 to know more about the AR-11 Form and Change of Address regulations for immigrants.

Generally speaking, citizen is the highest authorization status to a person who lives in a country. An individual can be a US citizen by being born in the United States, naturalization, or parents who are US citizens.

Citizenship is the legal status of a person as being a member of a sovereign country or lives in a nation. Immigration is an individual who came to other countries and stays permanently.

Naturalization is a process of applying for US citizenship. To be eligible for naturalization, you have to meet certain requirements required by US immigration law.

Citizen services are services that aim to serve US citizens in areas related to citizenship and immigration service. They also have representation abroad.

A citizenship attorney is a qualified attorney who can help to ease the immigration process. They can also help you prepare for the interview and collect all the proper documentation for the application.

US Citizenship at Birth

You are eligible for US citizenship at the time of your birth, if you satisfy the below-mentioned criteria.

If you are born in the United States or certain territories, which are subjected to the jurisdiction of the US.
OR
If your parents are US citizens at the time of your birth.

By satisfying any of the above criteria, you are eligible to obtain US citizenship at your birth.

US Citizenship after Birth

There are two ways through which you can obtain American citizenship and can enjoy lawful permanent residency in the US.

A citizenship exam is one of the required processes to become a naturalized US citizen. There are two kinds of processes that you need to get through: an interview, and a written English and civics test.

Citizenship form or N400 is the required form to apply for a US citizenship. It must be filed along with photos and supporting documents.

If you need help for an immigration issue, you can use the services of a licensed immigration attorney or accredited representative of a Board of Immigration Appeals recognized organization.

A law that governs how to get US Citizenship. This law states that US Citizenship can be obtained either by birth or through naturalization. Individuals who were born outside of the US may obtain US citizenship under certain circ*mstances.

A Citizenship lawyer is a qualified lawyer who can assist you get through the immigration custom and law. Especially if you have had issues with prior immigration applications, or criminal charges, it is critical to reaching a citizenship lawyer to assist your case.

You may find a Citizenship Attorney near you from accredited law firms, including those offering free consultation.

The US Citizen Petition is a Permanent Residence application submitted by a US Citizen or a US lawful permanent resident, for a foreign citizen. The one who files the citizen petition is termed as the sponsor of an immigrant visa. According to the US Immigration Law, anyone with valid US citizenship or authorization can file the US citizen petition to promote family unity.

Mainly, a US citizen is allowed to file petitions for their Spouse, Children, Parents, and Siblings. On approval, the immigrants will obtain a Green card (permanent residence) and are allowed to live and work permanently in the United States. Filing a citizen petition for family members involves many restrictions. As a US Citizen or a permanent resident, you are only allowed to file citizen petition for immediate relatives. There are also certain clauses which will enable filing for other family members too.

If you are confused about the US citizen petition filing procedure and regulations, we recommend you to consult our immigrant attorneys ASAP. Our attorneys are experienced and well-versed with the petitions. They can resolve the complications involved with the process and can swiftly submit your request. From consultations to legal paperwork, our attorneys provide every possible help regarding immigration issues in the US.

How to File the Citizen Petition?

You will have to submit the petition to USCIS justifying your family relationship with the immigrant. First, complete the Form I-130 petition for Alien relatives. In case your family member for whom you are filing the petition stays in the US, we suggest you file the Form I-485 along with the I-130 to adjust their permanent residence status.

It is also mandatory to provide evidence with the forms supporting your US citizenship status. Some essential documents include a copy of your birth certificate, Naturalization certificate, Consular Report of Birth Abroad (CRBA), Unexpired US passport, and others depending on which relative you are petitioning for. Once all the documents are attached, sign and file the petition.

There is no need to worry about any mistake or confusion. Our attorneys will guide you throughout the entire process and will file the US citizen petition on behalf of you.

What Happens Next?

USCIS receives the application and starts the processing. As the petitioner, you will get a notice regarding the recipient’s status, biometrics appointment interview, and a written notice of the decision.

If your relative stays outside the provinces of the United States, the petition will be forwarded to the National Visa Center (NVC). NVC will notify your relative and will initiate the consular processing for an immigrant visa.

However, if your relative is already in the US, he/she can directly apply for adjustment after a visa number is available using Form I-485.

Contact Us Today

We recommend that you do not proceed with the citizen petition filing without understanding the entire procedure. Feel free to contact us today, and consult with our expert immigration attorneys. To book an appointment with our attorneys, call us at 1800-529-5465.

Citizenship process, also known as Naturalization, is the legal process through which a foreign citizen or national can be a US citizen. To be eligible, an applicant must meet specific criteria. After that, the applicant must complete an application, interview, and passed the test.

Citizenship renewal refers to a situation when you lose a citizenship document that was issued by USCIS, or the document has been stolen or damaged beyond repair, you need to apply for a replacement through USCIS.

You can use Form EOIR-29 to appeal a decision on a Form I-130 or Form I-360, only for widow/er (if your spouse has passed away). If your visa application (for example, DS-157, DS-230, or DS-260) is denied by a Department of State overseas consular officer, do not use this form to appeal against it. For your application to be approved, you need to specify the reason for the appeal and show appropriate and arguably basis facts and conclusion of law that you haven’t handed over at a prior proceeding.

Form G-1041 is used to request a search of US Citizenship and immigration services (USCIS) archival databases. To access the copies of USCIS archival records, you need to use the Form G-1041A, Genealogy Records Request. This request is to find out whether there are any USCIS records that exist on the immigration and if it does, to capture the file number and other information of each record. If you are a researcher seeking records of your ancestors for genealogical or family history purpose or if you are a historian or social scientist seeking archived records of persons you can identify by name, date of birth, or place of birth, you can use this form.

Form G-1041A is used to gather copies of USCIS archival records. If you don’t have a correct USCIS File Number to complete this request, submit an index search of USCIS archival records using Form G-1041, Genealogy Index Search Request. Using this form, it requires you to be either a researcher requesting a copy of a USCIS archival records by file number or if you have received file numbers resulting from the G-1041. You also can request this information if you are a researcher and seeking records for genealogical or family history determinations and who can provide a precise historical record series file number and can identify the immigrant by name and other information.

Form G-1055 is used to verify fee information for immigration forms.

To check the fee schedule please visit the link below:

https://www.uscis.gov/g-1055

If you wish to receive a text message or email when USCIS accepts your form, please fill out Form G-1145 and attach it to the front of the application or petition you are filing. E-notification is only available for forms filed at the Lockbox facilities in Lewisville, Texas; Chicago, Illinois; and Phoenix, Arizona.

This Form needs to be filed before the interview has taken place by the interviewing officer. You and the interpreter must sign the form when the interpreter is confirmed, and the information has been told to the interviewee. This form will be used by the interviewing officer to record the presence of an interpreter that is presented with you for your USCIS interview, to register your satisfaction with the interpreter’s ability to translate. The interviewing officer will also acknowledge that your interpreter will learn secret information during the time of interview you and to ensure that the interpreter understands the terms to serve as an interpreter. The interviewing officer also has the power to refuse permission for the interpreter to participate in the interview. Form G-1256 must be completed if you intend to provide an interpreter to help you because you are scheduled for an interview and are entitled to bring an interpreter to your interview with USCIS.

Form G-1450, permission for Credit Card Transactions, is used to pay the fees for your N-400, Application for Naturalization, using a credit card. There is no extra charge to pay when you use Form G-1450 with your credit card. To use Form G-1450, you have to complete the form and include it on top of your N-400 application when you send it by email.

The purpose of Form G-28 is to establish the eligibility of an attorney or accredited representative for a client (applicant, requestor, respondent or applicant) in an immigration case before US Department of Homeland Security (DHS). In each case, an attorney or authorized representative present the client in front of the DHS, must file Form G-28. The Form G-28 will only be recognized and approved by US Citizenship and Immigration Services (USCIS), US Customs and Border Protection (CBP), and US Immigration and Customs Enforcement (ICE) if it’s accurately completed and signed by the attorney or authorized representative and the client. You must complete and submit Form G-28 in person at a DHS office.

The Form G-325A is a form to provide the biographic information (e.g., name, residency for the past five years, last address outside the United States, applicant employment, etc.). This Form needs to be included with the application or petition that you are submitting to US Citizenship and Immigration Services (USCIS). Information that you contribute to this form will be used by the USCIS to process the application or petition. Form G-325A needs to be submitted combined with the application or petition to US Citizenship and Immigration Services (USCIS).

The Form G-845 is used to verify the immigration status of an applicant for federal state or licenses. An agency that is responsible for an applicant or sponsorship can file Form G-845 to request immigrant status verification information and the agency also needs to be registered with the US Citizenship and Immigration Services (USCIS) and the Systematic Alien Verification for Entitlements (SAVE).

Any agency that has completed a Memorandum of Agreement (MOA) which is a written document about a partnership, with the USCIS SAVE Program can file the Form G-845 Supplement if the agency needs additional information that is not mentioned on the Form G-845 Verification to administer some benefits. You can check with the SAVE program if you are not sure whether you can use the supplement.

Form G-845 is used to verify the immigration status of an applicant for federal state or licenses. An agency that is responsible for an applicant can file Form G-845 to request immigrant status verification information and the agency also needs to be registered with the US Citizenship and Immigration Services (USCIS) and the Systematic Alien Verification for Entitlements (SAVE).

Any agency that has completed a Memorandum of Agreement (MOA), which is a written document about a partnership, with the USCIS SAVE Program can file Form G-845.

Form G-884 is used to request the return of original documents submitted for immigration benefits. Make sure to include the supporting documents when filing Form G-884. You can use Form G-884 when you are seeking the original documents to be returned to you that you submitted and USCIS didn’t require with a petition, application, or request. In case you send the original documents to USCIS, they will be automatically returned to you. What you need to submit to USCIS is a completed and signed Form G-884 and the supporting documentation. Signed and completed Form G-884 and two forms of identification need to be sent when you submit Form G-884.

A Green Card holder or a permanent resident is a person who has been granted legal authorization to stay the United States on a permanent basis, including work.

Form I-129 is used for petitioners filling on the mission of a nonimmigrant worker to come to the United States briefly to conduct services or labor, or to obtain training as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Petitioners can also use this form to inquire an extension of stay in or replacement of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above groups for a foreign national. An employer can use this form to petition US Citizenship and Immigration \Services (USCIS) for a foreign receiver to come temporarily to the United States as a nonimmigrant to work and perform services, labor or obtain training.

Form I-129 is formed of a Basic petition, an Individual supplements linking to a specific organization and H-1B Data Collection and Filing Fee Exemption Supplement (required for H-1B and H-1B1 classifications only).

The supplicant with an approved blanket, L-1 petition can file Form I-129S to specifically allocate a beneficiary, who is outside of the US, as a manager or specialized knowledge expertise.

Petitioner (employer) has to file the Form I-129S with Form I-129, Petition for a Nonimmigrant Worker, if the beneficiary (employee) stays in the United States and the petitioner wishes to change the status or extend the stay for that beneficiary.

Form I-130 applies if you are a citizen or a legal permanent resident of the United States who wants to establish their relationship to specific alien relatives who wish to immigrate to the United States. To file the Form I-130 is merely the first step in helping a relative immigrate to the United States. Entitled family members must wait until there is a visa number prepared before they can apply to become a lawful permanent resident. If you are a US citizen petitioner, a separate I-130 must be submitted for each eligible relative. If you are a lawful permanent resident petitioner, any unmarried children under 21 can be included on the petition for your spouse. Any other likely children must have a separate I-130 filed on their behalf.

I-9 is used to replace a Green Card. Federal law demands that each company that hires an individual for employment in the United States complete a Form I-9, Employment Eligibility Verification.

In case the Form N-400 gets rejected, the Form N-336 is used to request for a hearing on a decision in Naturalization proceedings, to appeal a hearing before an immigration officer on the denial of your Form N-400, the application for Naturalization. An applicant or the person that represent the applicant might request a USCIS hearing before an officer on the disapproval of the applicant’s naturalization application. In this case the applicant or the person that represent he/she must file the inquiry with USCIS within 30 days after the received notice of disapproval. You have to send your request for a hearing (Form N-336) within 30 calendar days after the received decision about the denial of your form N-400. The USCIS will not approve (reject) your appeal if it is not filed in time and not refund the filing fee because the Form N-336 was rejected for that reason. If, after all, your request for a hearing is not filed in time but it does live up to the requirement for points and authorities to reopen or points and authorities to reconsider the case, USCIS will issue a decision

To apply for US Citizenship by naturalization, you must file the Form N-400.

Before considering filing the N-400, application for Naturalization, you should check If your mother or father (biological or legal adoptive), is a US citizen by birth or was naturalized before you turned 18 years old. In this case, you may already be a US citizen. If that will apply to you, please visit the US Citizenship and Immigration Services (USCIS) website at www.uscis.gov for more information. If one of your parents is a United States citizen, you have to complete part 6 in the form. This part is about your parents that need to be included in the application. If none of your parents is a United States citizen, jump over part 6 and complete part 7. To apply for naturalization, you need to be at least 18 years old. If you are applying as a single applicant, you must be a permanent resident of the United States for at least 30 months of the five-year period, and if you are applying as a spouse of a US citizen, you must physically be in the country for at least 18 months during three years. Besides, you must prove that you have a permanent residency within the state or USCIS district for at least three months directly before filing your application. You need to be able to read, write, speak and understand basic English. You also need to take a civics test which is about US history and government.

Form N-565 is an application to replace Naturalization/Citizenship Document for a replacement of a Declaration of Intention, Naturalization Certificate, certificate of Citizenship or Repatriation Certificate. If you lose your Certificate of Naturalization/Certificate of Citizenship, Declaration of Intention, or Repatriation Certificate, you have to request a replacement by filing the Form N-565, Application for Replacement Naturalization/Citizenship Document. If you are issued the mentioned certificates with incorrect typography/clerical error by USCIS; If your name is changed by marriage or by court order after the document was issued and you want to replace the document or any changes in your name, gender, and birth. After obtaining a court order, You can apply for Form N-565 by calling the USCIS Forms Line (1-800-870-3676), or you can also download the form via https://www.uscis.gov/n-565.

Immigration Dictionary | Law Offices of Spar & Bernstein (2)

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Immigration Dictionary | Law Offices of Spar & Bernstein (2024)

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