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The Immigration and Nationality Act (INA) allows for the change of a person’s immigration status while in the United States. For example, a person would go from a status or non-immigrant or parolee (temporary) to immigrant (indicating permanent residence). This is known as an “adjustment of status,” and occurs if the individual is inspected and admitted into the USA, and is able to meet all of the qualifications necessary to receive a green card.
False claims about U.S. citizenship can result in a person receiving a lifetime ban from obtaining a green card or immigrant visa, stopping you from having the opportunity to get permanent residence through a family or employment-based petition. It can even get you deported from the USA even if you are already a permanent resident. Common false claims to citizenship arise when a person is trying to obtain employment or benefits that are only eligible for U.S. citizens. If this false claim was made for the purpose of benefiting yourself, then you could face a lifetime ban from receiving citizenship in the United States.
Naturalization is a process by which foreign citizens can receive U.S. citizenship after fulfilling requirements that have been established by Congress in the INA. People most commonly eligible for naturalization are those who have been a permanent resident for at least 5 years and meet all eligibility requirement, such as being a green card holder. You may also be eligible if you have been a permanent resident for at least 3 years and are the spouse of a U.S. citizen, or if you have qualifying service in the U.S. Armed Forces.
As part of the naturalization application, a background investigation is conducted by the USCIS, which consists of some criminal background and security checks. This includes collecting fingerprints, and receiving a “name check” from the FBI. All of these investigations must be completed before the application takes their naturalization interview.
At the Law Offices of James S. Hong and Associates, we handle simple to highly complex immigration matters including citizenship and naturalization matters. Contact us any time, 24/7 and let us help you today.
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