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As a U.S. citizen, how can you help relatives come to the states?
If you are a U.S. citizen who moved here from another country, you may have both close and extended relatives that would like to join you in the states. You might also be planning to marry a non-U.S. citizen and would like him or her to be able to live and work in the country you now call home.
American immigration law is constantly changing. However, preserving family bonds remains a top priority when considering petitions for either visas or green cards.
What are the options for helping family members gain legal residency?
If you already have citizen status, you may be able to sponsor immediate family, extended family members, a current spouse or a future spouse. Options for helping family members gain legal residency include:
- Requesting a K-1 visa for a fiancé, though the visa may only be valid if you marry within a certain period of his or her admission to the U.S.
What happens if you fail the English or civics naturalization tests?
The naturalization and citizenship process consists of several parts, including English and civics tests. Unless you qualify for an exemption, you must pass both.
What happens, though, if you fail either? Do you get another chance to retake it, or do you lose the opportunity to become a U.S. citizen entirely?
The English and Civics test portions of the naturalization test
Unless an exemption applies to you, you must take and pass the U.S. Citizenship and Immigration Services naturalization test. This test consists of two components:
- The English Component: In this component, you must demonstrate your ability to speak, read and write basic English.
- The Civics Component: Via this portion of the test, the USCIS will ask you important questions regarding American history and government, and expect you to answer most of them correctly.
Background checks and naturalization
If you are preparing to move forward with naturalization, it is crucial to familiarize yourself with the process and prepare for your interview. For example, you should take a look at how the U.S. Citizenship and Immigration Services carries out background checks.
The outcome of a background investigation can have an impact on an applicant’s ability to go ahead with a naturalization interview, and you may need to review unique issues (such as securing a fingerprint waiver).
Naturalization and fingerprint requirements
According to the U.S. Citizenship and Immigration Services, those pursuing naturalization must go through background checks that include fingerprints and name checks with the Federal Bureau of Investigation (FBI). You must satisfy these requirements before you can attend a naturalization interview.
The USCIS collects fingerprints from naturalization applicants no matter how old they are. Those who do not appear at a fingerprinting appointment without informing the USCIS beforehand have abandoned their application. However, if you need a waiver because you have birth defects, a skin condition or another condition that prevents you from providing fingerprints, you might have the ability to secure a fingerprint waiver after meeting with a USCIS officer in person.
Immediate Relative vs. Family Preference : Which type visa is easier to get?
Once you successfully emigrate from your country of origin to the United States, it is only natural for you to want to bring others of your family to join you here.
The U.S. Department of State, Bureau of Consular Affairs, advises that you have two visa options: Family Preference and Immediate Relative. The question then becomes: Which type of visa can you more easily obtain? The answer depends on who you need to obtain the visa for.
Immediate Relative visas
Assuming you are a permanent U.S. resident, Immediate Relative visas are easier to obtain than Family Preference visas. The U.S. government issues an unlimited number of IR visas each year. The downside, however, is that you can only obtain this class of visas for your immediate family members. The following lists the five types of Immediate Relative visas and your family members to whom each applies:
Is there a waiver for making a false claim of U.S. citizenship?
Being an American citizen comes with a variety of important and valuable benefits. Still, if you are not a citizen of the U.S., it is imperative to understand the consequences of claiming to be one. Simply put, making a false claim to U.S. citizenship may make you forever ineligible to become a legal permanent resident or to obtain a nonimmigrant visa.
Falsely claiming to be a U.S. citizen makes you inadmissible to the country. This means immigration officials will not allow you to enter legally. It also makes you deportable, meaning government lawyers may try to remove you from the country.
No general waiver
There are several grounds for both inadmissibility and deportability. With many of these grounds, though, a person can seek a waiver. With a waiver, government officials essentially agree to ignore your violations of U.S. immigration law.
According to the U.S. Citizenship and Immigration Services, there is no general waiver for making a false claim to U.S. citizenship. Therefore, if you falsely claim you are a U.S. citizen, you may have few or no options for gaining legal status.
What should you do after naturalization?
After all of the excitement of getting your U.S. citizenship, you may wonder what comes next. Getting involved in your community and celebrating your accomplishments can help you embrace your newfound freedom.
Knowing some of the things you can do after completing the naturalization process may help you identify your next steps. Setting goals for your progress may increase your motivation for the future.
Learn about your privileges
Your citizenship opens a whole world of possibilities. In fact, according to the U.S. Citizenship and Immigration Services, after acquiring citizenship you have the chance to get your passport, update your driver’s license and register to vote. Each of these tasks requires various documentation and the completion of an application.
You may also want to take a moment to update your social security records. The Social Security Administration can direct you where to go to make any needed changes to your record.
Avoid these common mistakes when applying for a green card
If you are applying for a green card, you are probably looking forward to the benefits of being a permanent resident. As a permanent resident, you can live and work anywhere in the U.S.
If you are currently living in the United States, you will need to apply for an adjustment of status with the U.S. Citizenship and Immigration Services (USCIS). This application process is complex, and you will want to avoid these common mistakes that could lead to delays or denial.
Failing to provide required supporting documents
There are many different documents that you will need to include with your green card application. The exact requirements will depend on your unique situation. For example, if a spouse is sponsoring you, you and your spouse may need to provide a marriage certificate, joint leases and joint bank account statements. Other commonly required supporting documents include:
What is a bona fide marriage?
One of the primary objectives of U.S. immigration law is to keep families together. Consequently, if you are a U.S. citizen and marry a person who lives elsewhere, you probably have a streamlined process for securing legal permanent residency for your spouse.
Even though the U.S. Citizenship and Immigration Services wants to reunify families, immigration officials also want to prevent immigration fraud. Therefore, you can expect a USCIS officer to determine whether you have a bona fide marriage before approving your immigration paperwork.
Your marriage is for the right reasons
Everyone has his or her own reasons for choosing to walk down the aisle. To comply with U.S. immigration law, however, your marriage must not be for the purpose of securing immigration benefits. Therefore, you should provide evidence that shows your marriage has love and commitment as its foundation.
You have the right documentation
USCIS officers review thousands of immigrant visa petitions every single year. Consequently, you can make the officer’s review easier by providing the right documentation. According to the USCIS, in addition to a copy of your marriage certificate, you also may want to include the following items with your filing:
2 components of the naturalization test
One of the steps to become a citizen of the United States is to take the naturalization test. This is a requirement unless you qualify for an exemption. You may qualify for exemptions because of age or medical disability.
If you do not qualify for an exemption, the test consists of two parts: A civics test and an English language test.
1. Civics test
The civics test consists of questions about the history of the United States and how its government functions. According to U.S. Citizenship and Immigration Services, the civics test underwent a change in 2020. Under the new rules, the examiner will ask you 20 questions out of a possible 128. To pass this portion of the test, you must answer 12 of the 20 questions correctly.
2. English test
The English test gauges your ability to communicate effectively in the primary language of the United States. There are different parts of the test to assess your reading, writing and speaking abilities in English. For the writing portion, you will have a choice of three sentences and must choose one of them to write out. For the reading portion, you will again have a choice of three sentences and must read one of them out loud to demonstrate your ability to understand written English.
Can your fiancé find work in the country?
Starting over anew in a different country is often enough to rattle even the strongest of people. However, getting started on the right foot can help build a strong foundation that can make the transition easier to bear.
With the right authorization, it is possible for your fiancé to gain the ability to work, which is one step toward making the process of transitioning smooth.
Work authorization approval
The U.S. Citizenship and Immigration Services take a look at how fiancé visas work in the country. They note that after your fiancé arrives in the country, they can apply for work authorization with form I-765. If approved, this privilege lasts for 90 days. If your fiancé applies for a green card at the same time, the privilege lasts for one year instead.
In order to work each year, your fiancé will still need to refresh their approval, renewing the authorization to work any time it expires.