Looking for a pathway to become a U.S. Citizen? The Shihab Burke LLC Immigration Lawyers are here for your immigration needs. With offices in Columbus, Ohio, service areas in Troy, Michigan, and serving clients internationally, our immigration attorneys will work tirelessly to process your cases. Applications for Naturalization, Citizenship Appeals and Litigation, Birthright Immigration Attorneys, are all part of our Citizenship Immigration Services.
Our U.S. Citizenship & Naturalization immigration lawyers offices are located in Columbus, Ohio with service areas in Troy, Michigan while serving the rest of word equally. Whether you’re a foreign professional or a U.S. employer looking to hire foreign workers, dealing with U.S. immigration law can be a daunting task. Our well-rounded and skilled attorneys at Shihab Burke LLC Immigration Lawyers will represent you and help you take the best legal paths, according to your particular situation.
The vast majority of the citizens of the United States were born within one of the country’s states or territories. Among the people who are born outside of the United States and its territories, the most common way of becoming a citizen is by naturalization. But these are not the only manners by which a person becomes a U.S. citizen. Let’s take a closer look at the various ways of acquiring U.S. citizenship.
Anyone born in the United States is automatically a U.S. citizen. This is known as the principle of jus soli (or “right of soil”). An exception to the rule of jus soli is in the case of children of foreign diplomats, who do not become citizen because they are not subject to the jurisdiction of the United States.
Over the course of its history, the United States has acquired several territories and possessions. Most of the territories and possessions have benefited from statutes granting citizenship to anyone born there. A few examples are Guam, the Virgin Islands, and Puerto Rico. However, the outlaying possessions of the United States (which include American Samoa and Swains Island) have not benefited from such legislation, and the people in those places are not U.S. citizens, but instead are U.S. nationals.
A person is also a U.S. citizen at birth if he or she is born outside of the United States in the following circumstances:
All of the circumstances listed above have the common factor that at least one parent must have been a United States citizen. The child becomes a citizen by virtue of the relationship to the citizen parent. This principle is known as jus sanguinis (or “right of blood”).
A child born out of wedlock is a U.S. citizen if the mother is a U.S. citizen and had resided in the United States for at least one year prior to the child’s birth. If the father is a U.S. citizen, but the mother is not, then the child is a citizen only if:
Permanent residents, and certain military personnel who are not permanent residents, may apply for citizenship through a process known as naturalization. To do so, permanent residents must meet several requirements, such as they must be at least eighteen years of age, have resided continuously in the United States for at least five years (three years for spouses of U.S. citizens), be able to show that they are of good moral character, among others.
A child born outside of the United States automatically gains citizenship when they reside in the United States and meet the following requirements:
1) The child has at least one parent who is a U.S. Citizen;
2) The child is under eighteen years of age;
3) The child is a lawful permanent resident; and
4) The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
The consequences of the denial of an application for naturalization can range from nonexistent to grave. A failure to meet physical presence requirements or pass an examination may simply necessitate applying for naturalization again in the future. However, an issue of moral character can be serious as it may alert the government to a matter that could make you eligible for removal (deportation) from the United States.
Administrative appeals within USCIS are available when applications for naturalization are wrongly denied. Judicial appeal to the U.S. Circuit Court is typically the appropriate tribunal upon exhausting all administrative appeal processes. It is critical however that administrative appeals are properly presented and exhausted with critical facts and issues preserved for Circuit Court appeal. The opportunity to present additional facts or evidence in court is very limited.
In all cases filing an appeal requires experienced counsel with ability to properly present your case.
The attorneys of Shihab Burke LLC Immigration Lawyers have helped many immigrants navigate the naturalization process. Such includes collecting necessary supporting documents, accurately completing forms and representing individuals during USCIS interviews.
Please contact our office via telephone or email to discuss your case with one of our attorneys.
Are you looking for help with your current Citizenship Appeals and Denials? The offices at Shihab Burke LLC Immigration Lawyers. will make sure you get the right care you need. Call us now!
You can read more about Citizenship Appeals and Denials here.
