U.S. Immigration Attorney
John A. Nicelli
225-Broadway N.Y.C., N.Y. 10007
Phone: 212-227-8020
Fax: 212-227-8175
E-mail:JohnNicelli@aol.com
Mon.-Fri. 9:00am-5:00pm
Sat.-9:30am-1:00pm
The United States has a long history of welcoming immigrants from all parts of the world. America values the contributions of immigrants who continue to enrich this country and preserve its legacy as a land of freedom and opportunity.
Deciding to become a U.S. citizen is one of the most important decisions in an individual’s life. If you decide to apply to become a U.S. citizen, you will be showing your commitment to the United States and your loyalty to its Constitution. In return, you are rewarded with all the rights and privileges that are part of U.S. citizenship.
You may become a U.S. citizen either at birth or after birth. Individuals who are born in the United States and subject to the jurisdiction of the United States and individuals born in certain territories or outlying possessions of the United States are citizens at birth. Also, individuals born outside the United States may be citizens at birth if their parent or parents were citizens at the time of birth and other requirements are met.
Additionally, you may become a U.S. citizen after birth either through your parents, known as “derived” or “acquired” citizenship, or by applying for naturalization on your own.
Citizenship Through Naturalization
Generally, permanent residents (green card holders) age 18 or older who meet all eligibility requirements for naturalization may submit a Form N-400, Application for Naturalization.
Citizenship Through Parents If eligible, you can “acquire” or “derive” U.S. citizenship through a qualifying U.S. citizen parent(s).
The Naturalization Test
Most naturalization applicants are required to take a test in English, on U.S. history and government. We provide booklets to help all our clients prepare for the test.
Military
This section of John A.Nicelli's Web site contains immigration information geared
specifically for members of the military and their families. Click here: MILITARY
for more information on Military Immigration.
Members of the Military and their Families
USCIS is continuously working with the Department of Defense to ensure the military community has accurate and up-to-date information about immigration services and benefits.If you are a U.S. armed forces member seeking to petition for your family member for permanent residence (green card), Citizenship for Military Members & Dependents Members and veterans of the U.S. armed forces, and their dependents may be eligible for citizenship under special provisions of law. Family Based Survivor Benefits (for Relatives) Immediate relatives of U.S. armed forces members who die as a result of combat while in an active duty status may be eligible for certain “survivor” immigration benefits, including citizenship. For more information, Contact John A.Nicelli and make an appointment for a consultation, or click here: CONTACT fill out the form and call the office.
(212) 227-8020
Naturalization Process For The Military. USCIS recognizes the important sacrifices made by non-U.S. citizen members of the United States armed forces and their families and is committed to processing their naturalization applications in a timely and efficient manner while providing exemplary customer service, maintaining the integrity of the immigration system, and the security of the process. Qualifying military service is generally in the Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve.
Qualifications
While a member of the U.S. armed forces must meet some of the general requirements and qualifications to become a citizen of the United States, such as good moral character, some of the requirements are either reduced or completely waived.
Specifically, qualifying service members and certain veterans are not required to pay an application fee or a biometrics fee to apply for naturalization, and are not required demonstrate residence or physical presence in the United States. Additionally, service members who serve during specifically designated periods of hostilities may not need to be lawful permanent residents.
Additionally, 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 overseas. Before Oct. 1, 2004, military service members could only naturalize while physically within the United States. Finally, the National Defense Authorization Act for Fiscal Year 2008 added Sections 319(e) and 322(d) to the Immigration and Nationality Act (INA), allowing 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 Peacetime
Section 328 of the INA applies to all members of the U.S. armed forces or those already discharged from service. An individual may qualify for naturalization under this provision if he or she has:
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. Service in Wartime
Section 329 of the INA applies to members of the U.S.armed forces who serve during specifically designated periods of hostilities. This section is sometimes referred to as wartime naturalization. An individual may qualify for naturalization under this provision if he or she has:
Served honorably in active-duty status for any period of time;Such active-duty 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.
Fingerprint Requirements
Five fingerprinting methods are available to service members:
Have their fingerprints taken at any domestic USCIS Application Support Center (ASC) without an appointment even if their application is not yet pending with USCIS. Have their fingerprints taken at select military installation in the United States by USCIS personnel using mobile fingerprinting equipment. If USCIS fingerprinted the service member in the past for immigration purposes and USCIS is able to use these fingerprints, USCIS will re-submit these fingerprints to the FBI. Authorize USCIS to acquire and use the fingerprints taken at the time of enlistment by completing and submitting the Fingerprint Authorization. Have their fingerprints taken at U.S.military installations overseas or at U.S. Embassies and Consulates using the FD-258 fingerprint card.
Posthumous Benefits
Section 329A of the Immigration and Nationality Act provides for posthumous citizenship to certain members of the U.S.armed forces. A member of the U.S. armed forces who served honorably during a designated period of hostilities and dies as a result of injury or disease incurred in, or aggravated by, that service (including death in combat) may receive posthumous citizenship.The service member’s next of kin, the Secretary of Defense, or the Secretary’s designee in USCIS must submit the application for posthumous citizenship within two years of the service member’s death by filing an Application for Posthumous Citizenship, (USCIS Form N-644). Posthumous citizenship establishes that the deceased veteran is considered a citizen of the United States as of the date of his or her death. A surviving spouse (even if he or she remarries), child, or parent of a member of the
.S. citizen member of the armed forces, (including a service member granted posthumous citizenship, is eligible to apply for naturalization benefits under section 319(d) of the INA if the family member meets naturalization requirements other than residence and physical presence. For other immigration purposes, a surviving spouse (unless he or she remarries), child, or parent of a member of the U.S. armed forces who served honorably on active duty and died as a result of combat, and was a citizen at the time of death (including a posthumous grant of citizenship) is considered an immediate relative for two years after the service members dies and may file a petition for classification as an immediate relative during such period. A surviving parent may file a petition even if the deceased service member had not reached age 21.
Related Web Page. Click here: Amendment 14
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(212) 227-8020
John A.Nicelli Esq
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