Green Card Lawyer Fresno Archives - Fresno Immigration Attorney

Citizenship Through Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or

national after he or she fulfills the requirements established by Congress in the Immigration

and Nationality Act (INA).

In most cases, an applicant for naturalization must be a permanent resident (green card

holder) before filing. Except for certain U.S. military members and their dependents,

naturalization can only be granted in the United States.

You May Qualify for Naturalization if:

● You have been a permanent resident for at least 5 years and meet all other eligibility

requirements. .
● You have been a permanent resident for 3 years or more and meet all eligibility

requirements to file as a spouse of a U.S. citizen.
● You have qualifying service in the U.S. armed forces and meet all other eligibility

requirements.
● Your child may qualify for naturalization if you are a U.S. citizen, the child was born

outside the U.S., the child is currently residing outside the U.S., and all other eligibility

requirements are met.

How to Apply for Naturalization

To apply for naturalization, file Form N-400, Application for Naturalization.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Attorney, Deportation Lawyer Fresno, Fresno Immigration Attorney, Fresno Immigration Lawyer, Green Card Lawyer Fresno

10,000 U Visas Approved in Fiscal Year 2010: Questions and Answers : U Visa Protects Victims of Crime and Strengthens Law Enforcement Efforts

Introduction

On July 15, 2010, U.S. Citizenship and Immigration Services (USCIS) announced it has

approved 10,000 petitions for U nonimmigrant status (also referred to as the “U visa”)

in fiscal year 2010, an important milestone for a program that offers immigration

protection to victims of crime while also strengthening law enforcement efforts to

combat those crimes. This marks the first time that USCIS, through extensive outreach

and collaboration, has reached the statutory maximum of 10,000 U visas per fiscal year

since it began issuing U visas in 2008.

Questions and Answers

Q: What is the U Visa?

A. The U visa was created in the Victims of Trafficking and Violence Protection Act,

legislation intended to strengthen the ability of law enforcement agencies to investigate

and prosecute cases of domestic violence, sexual assault, human trafficking, and other

crimes while, at the same time, offering protection to victims of such crimes.

U nonimmigrant status is set aside for victims of certain crimes who have suffered

substantial mental or physical abuse as a result of the criminal activity and are willing to

help law enforcement authorities in the investigation or prosecution of the criminal

activity. Congress limited the amount of available U visas to 10,000 per fiscal year.

Q: Will USCIS continue to accept new petitions for U nonimmigrants status for the

remainder of fiscal year 2010?

A: Yes. USCIS will continue to accept and process new petitions for U nonimmigrant

status and will issue a Notice of Conditional Approval to petitioners who are found

eligible but who are unable to receive a U visa in fiscal year 2010 because the statutory

cap has been reached. Conditionally approved petitioners will be placed on a waiting list

for the next available U visa.

Q. Will petitioners who receive conditional approval be able to apply for work

authorization? What about qualifying family members?

A: Yes. Conditional approval will allow the petitioner and qualifying family members to

remain in the United States under deferred action. The conditional approval will also

allow the petitioner and qualifying family members to request work authorization.

Q. Does this apply to petitioners and qualifying family members who are in removal

proceedings or who have a final order of removal?

A. Yes. If the petitioner or a qualifying family member is in removal proceedings or has a

final order of removal, USCIS will issue a Notice of Conditional Approval of U

nonimmigrant status and will also issue deferred action.

Q. When will USCIS begin issuing U visas again?

A. USCIS will resume issuing U visas for fiscal year 2011 on October 1, 2010.

Conditionally approved petitioners on the waiting list will receive a U visa in the order in

which the petition was initially filed. Petitioners who have received conditional approval

must remain admissible and eligible for U nonimmigrant status while on the waiting list.

After U visas have been issued to qualifying principal petitioners on the waiting list, any

remaining U visas for fiscal year 2011 will be issued to new qualifying principal

petitioners in the order in which petitions are filed.

Q. Does the annual cap for U visas also apply to family members of petitioners?

A. No. The annual cap for U visas applies only to principal petitioners. Qualifying family

members will also be placed on the waiting list since their petitions are dependent on

the principal’s petition. Qualifying family members on the waiting list will receive U

visas when the principal petitioner receives a U visa.

Q. What contributed to the annual cap being met this year?

A. A combination of factors contributed to the U visa statutory cap being met this year.

Over the last year USCIS has increased training, expanded communication channels,

and dedicated other resources to the U visa program. USCIS significantly enhanced

outreach around the U visa, educating service providers on the eligibility requirements

of a U visa petition and making dedicated efforts to reach both law enforcement

officials and community advocates alike. These and other factors have contributed to an

increase in the number of approved U visa petitions.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Attorney, Deportation Lawyer Fresno, Fresno Immigration Attorney, Fresno Immigration Lawyer, Green Card Lawyer Fresno

Applicant Performance on the Naturalization Test

Section 312 of the Immigration and Nationality Act (INA) requires that naturalization

applicants must demonstrate an ability to read, write, and speak words in ordinary usage

in the English language, and have a knowledge and understanding of U.S. history and

government. As part of a multi-year redesign, the naturalization test was modified to

achieve two basic objectives:

A uniform and consistent testing experience for all applicants
A civics test that can effectively assess an applicant’s knowledge of U.S. history and

government
The new test strives to emphasize the founding principles of American democracy and

the rights and responsibilities of citizenship while also serving as an important

instrument to encourage civic learning and attachment to the country.

On October 1, 2008, USCIS began administering the new naturalization test. Up until

October 1, 2009, applicants who had filed for naturalization before October 1, 2008, had

a choice of taking the old test or the new test. On October 1, 2009, following a one-

year transition, the new test became mandatory for all naturalization applicants.

From October 1, 2008 through May 31, 2010, more than 789,000 new naturalization

tests were administered nationwide. For those applicants taking both the English and

civics tests, the overall national pass rate as of May 2010 is 92 percent. Data collected

since October 1, 2008 indicate that applicant performance remains relatively consistent

with that of the previous test. Compared to historical data from USCIS’ internal case

management systems, the current pass rate of 92 percent is similar to that of the old

test, which was 91 percent based on 2008 data.

Background on the Data
USCIS plans to periodically provide information on the national pass rate of applicants

who were administered the new naturalization test. The data reflected above were

taken from internal case management systems used to track naturalization applications

and have been gathered to provide a general snapshot of how applicants are performing

on the revised test. The national pass rate is determined based solely on an applicant’s

first test within the current naturalization application. The data represent applicants

taking the new naturalization test from October 1, 2008 through May 31, 2010. Please

note that test results for each applicant are manually entered into the case

management system and some errors may occur during manual entry. Although every

effort has been undertaken to eliminate any errors made during manual data entry,

errors may exist that would impact the publicized national pass rate.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Attorney, Deportation Lawyer Fresno, Fresno Immigration Attorney, Fresno Immigration Lawyer, Green Card Lawyer Fresno

Information about how a permanent resident can become a U.S. citizen by Immigration Attorney in Fresno

The decision to apply for citizenship is an important and very serious one. U.S. citizenship carries many responsibilities with it. The process of applying for U.S. citizenship is known as naturalization. In most cases, a person who wants to naturalize must first be a permanent resident. By becoming a U.S. citizen you gain many rights that permanent residents or others may not have, including the right to vote. In order to be eligible for naturalization, you must first meet certain requirements required by U.S. immigration law.
Generally, to be eligible for naturalization you must:
■ Be age 18 or older: and
■ Be a permanent resident for a certain amount of time(5 years or 3 years in certain circumstances): and
■ Be a person of good moral character; and
■ Have basic knowledge of U.S. government (this, too, can be excepted due to physical or mental impairment)
■ Have a period of continuous residence and physical presence in the United States; and
■ Be able to read, write and speak basic English. There are exceptions to this rule for someone who at the time of filing;
● Is 55 years old and has been a permanent resident for at least 15 years; or
● Is 50 years old and has been a permanent resident for at least 20 years; or
● Has a physical or mental impairment that makes them unable to fulfill these requirements

The main categories of persons who are eligible to apply for naturalization include the following:
■ Permanent resident of the United States for at least five years; or
■ Permanent resident for at least three years during which time you have been married to and living in marital union with a U.S. citizen spouse for at least three years unless you obtained permanent residency as the spouse of a U.S. citizen who battered or subjected you to extreme cruelty. In which case you are not required to have been living in marital union with that U.S. citizen for three years; or
■ Permanent resident with honorable service in the U.S. military.
Before you apply for naturalization you must reside.
To apply for naturalization, you would file a Form N-400, Application for Naturalization. For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Attorney, Deportation Lawyer Fresno, Fresno Immigration Attorney, Fresno Immigration Lawyer, Green Card Lawyer Fresno

E-3 SPECIALTY OCCUPATION WORKER GUIDANCE by Immigration Attorney in Fresno

Washington, D.C.– U.S. Citizenship and Immigration Services (USCIS) issued guidance today regarding E-3 nonimmigrant Specialty Occupation Workers. In particular, USCIS provided specific information on the eligibility requirements and documentation needed
for individuals wishing to either change their nonimmigrant status to that of an E-3 worker or to extend their E-3 status.

Established by the REAL ID Act of 2005, the E-3 nonimmigrant classification allows for the admission of a temporary worker who is national of Australia and is entering the U.S. to perform services in a “specialty occupation.” As is generally the case, nonimmigrant aliens who are already legally in the United States may apply to change their status to that of an E-3 specialty worker and, eventually, apply to extend their stay in E-3 classification.

Note: The new E-3 nonimmigrant category should not be confused with the separate and independent H-1B nonimmigrant category for “specialty occupation” workers.

To qualify for E-3 classification, an alien must, among other things, be an Australian national who is seeking employment in a specialty occupation requiring possession of a bachelor’s degree or higher (or its equivalent), and possess the appropriate degree (or its equivalent) in the field in which the alien wishes to work. E-3 nonimmigrant status is initially granted for a period of no more than two years. Extensions of stay may be granted indefinitely in increments not to exceed two years.

Congress has established a yearly cap of 10,500 new E-3 workers. For purposes of the cap, “new E-3 workers” are those who, coming from abroad, are admitted initially in E-3 classification or those who change their nonimmigrant status to E-3 classification or change employers while in E-3 status. Unlike the dependent of an alien in H-1B nonimmigrant classification, the dependent spouse of an E-3 temporary worker may apply for and receive work authorization.

An alien seeking to be admitted in E-3 nonimmigrant classification at a U.S. Port-of-Entry must posses a valid E-3 visa issued by the U.S. Department of State. Aliens already in the United States may request a change of status to E-3 or extend their E-3 status by filing a Form I- 129 (Petition for a Nonimmigrant Worker) directly with the Vermont Service Center. The cost for filing the request for change of status or extension of stay is $190. In addition to the Form I-129 , applicants must include the following documentation:

• Proof of Australian nationality,
• A letter from the prospective U.S. employer describing the alien’s occupation, the alien’s anticipated length of stay, and salary/remuneration arrangements,
• Evidence that the alien meets the educational requirements for the position to be filled (a bachelor’s degree or higher or its equivalent in the specific specialty occupation),
• Evidence that the alien meets any licensing or other occupational requirements, and
• Evidence that the prospective U.S. employer has filed with the Department of Labor a labor condition application (LCA) specifically designated for E-3 Specialty Occupations.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Attorney, Deportation Lawyer Fresno, Fresno Immigration Attorney, Fresno Immigration Lawyer, Green Card Lawyer Fresno

E-2 Treaty Investors by Immigration Attorney in Fresno

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

See U.S. Department of State’s Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

Who May File for Change of Status to E-2 Classification
If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I- to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying
employer may file Form I- on the employee’s behalf.

How to Obtain E-2 Classification if Outside the United States
A request for E-2 classification may not be made on Form I- if the person being filed for is physically outside the United States. Interested parties should refer to the U.S.

Department of State website for further information about applying for an E-2 nonimmigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.

General Qualifications of a Treaty Investor
To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor
must show that the funds have not been obtained, directly or indirectly, from criminal activity. For More Information, Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

Marginal Enterprises
The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.

General Qualifications of the Employee of a Treaty Investor
To qualify for E-2 classification, the employee of a treaty investor must:

Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
Meet the definition of “employee” under relevant law
Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. These owners must be maintaining nonimmigrant treaty investor status. If the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty investors.

Duties which are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the organization’s overall operation, or a major component of it.

Special qualifications are skills which make the employee’s services essential to the efficient operation of the business. There are several qualities or circumstances which could, depending on the facts, meet this requirement. These include, but are not limited to:

The degree of proven expertise in the employee’s area of operations
Whether others possess the employee’s specific skills
The salary that the special qualifications can command
Whether the skills and qualifications are readily available in the United States.
Knowledge of a foreign language and culture does not, by itself, meet this requirement.

Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore no longer qualifying, at a later date. For More Information, Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Period of Stay
Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Terms and Conditions of E-2 Status
A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted. An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:Relationship between the organizations is established
Subsidiary employment requires executive, supervisory, or essential skills
Terms and conditions of employment have not otherwise changed.

USCIS must approve any substantive change in the terms or conditions of E-2 status. A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization. The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee. The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.

It is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Family of E-2 Treaty Investors and Employees
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-2 spouse may work.

As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires. For More

Information, Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Attorney, Deportation Lawyer Fresno, Fresno Immigration Attorney, Fresno Immigration Lawyer, Green Card Lawyer Fresno

Green Card Through the Diversity Immigrant Visa Program by Immigration Attorney in Fresno

The Diversity Immigrant Visa Program makes 50,000 diversity visas available annually, drawn

from random selection among entries of individuals who are from countries with low rates of

immigration to the United States.

How To Get a Diversity Visa

The U.S. Department of State (DOS) holds a lottery each year to determine who gets one of

the 50,000 diversity visas available. You must apply through DOS during the online entry

registration period, which typically runs from October through December of each year.

Diversity visa lottery winners are notified by mail and, if they qualify, are granted a visa.

You cannot enter the diversity visa lottery through U.S. Citizenship and Immigration

Services.

Note: Citizens of some countries are not eligible to apply for the diversity lottery.

Eligibility Criteria

You may be eligible to obtain a green card (permanent residence) through the Diversity

Immigrant Visa Program if you meet all of the following conditions:

● You were selected for the Diversity Visa Lottery Program by the U.S. Department of

State
● An immigrant visa is immediately available to you at the time you file Form I-485,

Application to Register Permanent Residence or Adjust Status which can be determined by

reviewing the Visa Bulletin

● You are admissible to the United States

You may be eligible to obtain a green card as a derivative applicant through the Diversity

Immigrant Visa Program if you meet all of the following conditions:

● You are the spouse or child of the principal applicant
● An immigrant visa is immediately available to you at the time you file Form I-485
● You are admissible to the United States

Application Process

To obtain a green card through the Diversity Immigrant Visa Program you must file Form I-

485. However, you must wait until a visa is immediately available to file Form I-485,

otherwise your application will be rejected. To see if a visa is immediately available, check

the current DOS Visa Bulletin

Supporting Evidence for Form I-485
You should submit the following evidence with your Form I-485:

● Two passport-style photos
● Form G-325A, Biographic Information, if you are between 14 and 79 years of age
● Copy of government-issued photo identification
● Copy of birth certificate
● Copy of passport page with nonimmigrant visa (if applicable)
● Copy of passport page with admission (entry) stamp (if applicable)
● Form I-94, Arrival/ Departure Record (if applicable)
● Form I-693, Report of Medical Examination and Vaccination Record
● Applicable fees
● Certified copies of court records (if you have ever been arrested)
● Copy of the principal applicant’s selection letter for the diversity visa lottery from DOS
● Copy of the receipt for the processing fee of the diversity visa lottery from DOS
● Principal applicants must also submit evidence of a high school diploma or its equivalent,

or evidence of 2 years of work experience in an occupation requiring at least 2 years of

training or experience in the past 5 years.

Work & Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for

authorization to work in the United States and to seek advance parole (advance permission

to travel and be admitted to the United States upon your return).
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Fiancé(e) Visas by Immigration Attorney in Fresno

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e)

living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already

residing legally in the United States, you do not need to file for a fiancé(e) visa.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

● You (the petitioner) are a U.S. citizen.
● You intend to marry within 90 days of your fiancé(e) entering the United States.
● You and your fiancé(e) are both free to marry and any previous marriages must have

been legally terminated by divorce, death, or annulment.
● You met each other, in person, at least once within 2 years of filing your petition. There

are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or

your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
Application Process

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the

United States for 90 days so that your marriage ceremony can take place. Once you marry,

your spouse may apply for permanent residence and remain in the United States

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be

available to him or her. Be sure to include the names of your fiancé(e)’s children

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work Application

for Employment Authorization.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e)

should leave the United States at the end of the 90 days if you do not marry. If your fiancé

(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in

removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

To check the current processing times
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Naturalization for Spouses of U.S. Citizens by Immigration Attorney in Fresno

In general, you may qualify for naturalization if you have been a permanent resident (green

card holder) for at least 3 years, have been living in marital union with the same U.S. citizen

spouse during such time, and meet all other eligibility requirements under this section.

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization

regardless of their time as permanent residents.

General Eligibility Requirements

● Be 18 or older
● Be a permanent resident (green card holder) for at least 3 years
● Have been living in marital union with the U.S. citizen spouse, who has been a U.S.

citizen during all of such period, during the 3 years immediately preceding the date of filing

the application and up until examination on the application
● Have lived within the state, or US district with jurisdiction over the applicant’s place of

residence, for at least 3 months prior to the date of filing the application
● Have continuous residence in the United States as a lawful permanent resident for at

least 3 years immediately preceding the date of filing the application
● Reside continuously within the United States from the date of application for

naturalization until the time of naturalization
● Be physically present in the United States for at least 18 months out of the 3 years

immediately preceding the date of filing the application
● Be able to read, write, and speak English and have knowledge and an understanding of

U.S. history and government (civics)
● Be a person of good moral character, attached to the principles of the Constitution of

the United States, and well disposed to the good order and happiness of the United States

during all relevant periods under the law

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including

the military, or other qualifying employer, whose spouse is stationed abroad in such

employment for at least 1 year, may be eligible for naturalization

In general, a spouse of a U.S. citizen employed abroad must be present in the United States

pursuant to a lawful admission for permanent residence at the time of examination on the

naturalization application and at the time of naturalization, and meet of all of the

requirements listed above except that:

● No specific period as a permanent resident (green card holder) is required (but the

spouse must be a permanent resident)
● No specific period of continuous residence or physical presence in the United States is

required
● No specific period of marital union is required; however, the spouses must be living in

marital union.

Note: You must also establish that you will depart abroad immediately after naturalization

and that you intend to reside in the United States immediately upon the termination of your

spouse’s employment abroad.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Naturalization Process for the Military by Immigration Attorney in Fresno

Qualifications

● While a member of the U.S. armed forces must meet the general requirements and qualifications to become a citizen of the United States, such as good moral character, some of the other requirements are either reduced or completely waived. Specifically, qualifying service members and certain veterans are not required to demonstrate residence or physical presence in the United States, and are not required to pay an application fee or a biometrics fee to apply for naturalization. In addition, service members who serve during specifically designated periods of hostilities may not need to be lawful permanent residents.
● The National Defense Authorization Act for Fiscal Year 2004 extended all aspects of the naturalization process, including naturalization applications, interviews, oaths and ceremonies to members of the U.S. armed forces serving abroad. Before Oct. 1, 2004, service members could only naturalize while physically within the United States.
● The National Defense Authorization Act for Fiscal Year 2008 added Sections which allows certain eligible spouses and children of members of the U.S. armed forces to naturalize abroad without traveling to the United States for any part of the naturalization process.

Service in Wartime

● Members of the military, who serve during specifically designated periods of hostilities, may qualify for naturalization under this provision if they have served honorably in an active duty status for any period of time, and if that service was during a specifically designated period of hostility.
● Unlike all other provisions for naturalization, a qualifying service member is not required to be a lawful permanent resident to naturalize under this provision if the service member enlisted, or was inducted within the United States or other qualifying geographical area.
● The Expedited Naturalization Executive Order of 2002 provides for expedited naturalization under this provision to qualified aliens and non-citizen nationals serving honorably in an active-duty status in the U.S. armed forces beginning on Sept. 11, 2001 to the present. This section also covers veterans of designated past wars and conflicts.

Service in Peacetime

An individual may qualify for naturalization under this provision if he or she:

● Served honorably in the military for at least one year
● Obtained lawful permanent resident status
● Filed an application while still in the service or within six months of separation.

Application Packet (from a member of the military)
● Application for Naturalization
● Request for Certification of Military or Naval Service
● If applicable, a copy of the USCIS Form I 551, Permanent Resident Card; and
● Two passport-style photographs.
● NOTE – There is no fee for members of the military applying for naturalization under INA Sections 328 or 329.

Statistics

● Since September 2001, USCIS has naturalized more than 58,300 members of the military, in ceremonies across the United States and in the following 19 countries: Afghanistan, Djibouti, China, Cuba, El Salvador, Germany, Greece, Honduras, Iceland, Iraq, Italy, Japan, Kenya, Kosovo, Kuwait, Philippines, South Korea, Spain, and the United Kingdom.
● Since August 2002, USCIS has granted posthumous citizenship to 130 members of the military.
● Since 2008, USCIS has naturalized 592 military spouses during ceremonies in Bulgaria, China, Germany, Italy, Japan, Kuwait, Panama, South Korea, Spain, Turkey, and the United Kingdom.
● Since 2009, USCIS has presented 19 military children with citizenship certificates during ceremonies in Germany, Japan, South Korea and the United Kingdom.

For More Information. Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Fresno Immigration Attorney

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