NATURALIZATION AND CITIZENSHIP
IMMIGRATION ATTORNEY

If You’re Thinking About Becoming A U.S. Citizen . . .
We’ll Help Guide Your Final Steps To Immigration Success

	Were you born in the United States but not able to prove your citizenship?
	Were you born in another country, and one of your parents is a U.S. citizen?
	Are you a permanent resident and ready to take the next step?

Whatever your immigration naturalization situation, winning U. S. citizenship is not simple.

Since September 11, 2001, immigration and citizenship law has become stricter.  There are more pitfalls than ever before standing in your way – between you and your final immigration goal of U. S. naturalization.

Selecting the right immigration lawyer is the best way to ensure these pitfalls do not prevent you from winning your immigration citizenship case.

Different Roads To U.S. Naturalization And Citizenship

There are four separate paths to U. S. naturalization.

Each of these paths can present unique problems.  If these problems are not addressed properly, you can lose your case.

But you can lose more than just your case.  You can lose your right to live and work legally in the United States.

And even if you are a U. S. citizen, if you cannot prove it, you can even be denied  citizenship.

Persons Born In The United States

You probably think this category seems strange.  “If a person is born in the United States,” you wonder, “aren’t they automatically U. S. citizens?”

Well, as a green card and citizenship lawyer, I know it’s not always that straight-forward – especially if the parents are not U. S. citizens or lawful permanent residents.

James came to our Hemet immigration and citizenship law office after the immigration judge ordered him to be deported.  After going to a football game in Moreno Valley with some friends, he was picked up when the driver made a rushed right turn.  James did not have any immigration documents.  He was turned over to immigration officers. Talking with James, I learned he was born in the United States.  He was not born in a hospital.  A midwife and a priest helped his mother give birth.  She could not afford medical care.  She left to her home country soon after.  James was raised by his aunt and uncle in the U.S. They never registered his citizenship. James, now 25, faced being sent to live in a country which he had never seen.  The immigration judge did not believe James’ citizenship claim.  I advised James he could still fight back but it would not be simple. He would need to get strong evidence from his family to prove he was a citizen.  He would have to try everything possible to locate his mother.  He had remained lifelong friends with the priest, a good starting point.  He would need to file an immigration appeal to keep his hopes alive while he fought to prove his citizenship.

Most recently, those against immigration have started a drive against certain children born in the U.S.  They argue that children, born to parents without legal documents, should not be entitled to citizenship by birth. 

Acquisition Of Citizenship – Citizens Born In Other Countries

If you were born in another country, and at least one of your parents was a U. S. citizen, you may qualify as a U. S. citizen by birth.

This process is called “acquisition of citizenship.”

Sheryl’s mother, Elia had fallen in love with Miguel shortly after high school.  Elia was born and raised in San Diego County.  Miguel lived in Mexico.  Elia continued to live and work in National City but she would travel back and forth on the weekends to be with Miguel. About two years later, Sheryl was born in a Mexican hospital.  Elia brought her to the United States.  She never filed papers to show Sheryl’s citizenship.  It was not an issue until after Sheryl graduated from high school.   Suddenly, Sheryl needed to prove her U.S. citizenship. Sheryl and her mother went to an immigration services specialist.  The specialist filed papers on Sheryl’s behalf but they were rejected.  Sheryl felt lost.  She could not work legally in the U.S.  She feared being deported someday. When they came to our San Diego immigration law office, they felt Sheryl’s case was over.  They felt they had no options. We explained they would have to start over again. To begin, we needed to obtain Sheryl’s complete immigration file from the government.  We wanted to study what went wrong with her first set of citizenship papers.  We wanted to make sure we could explain those mistakes to the government and prevent immigration fraud charges being filed against Sheryl and her mother.

Lawful Permanent Residents And Naturalization

Third, you can earn U. S. citizenship through “the naturalization process.”

This is the most common path for immigrants who have already earned lawful permanent resident status.

For over 20 years Jane, who now lived in San Bernardino, had been a lawful permanent resident.  She wanted to become a U.S. citizen.  She delayed for two reasons.  First, she felt like she was betraying her home country, Guatemala.  Second, she was very, very afraid of the naturalization process. When she lived in Riverside, Jane’s first efforts to become a permanent resident had failed.  Even though she later earned a green card through the same immigration program, that experience scarred her deeply.  She vowed to never go through the immigration process ever again. But her dream to become a U.S. citizen never died.  She was proud to live here.  She was proud of the many benefits she gained by living in the U.S. legally.  And she knew the benefits of becoming a U.S. citizen were even greater.  After three meetings with our office, she finally decided to take the next step.

Derivative Citizenship – Children Of Lawful Permanent Residents

Fourth, if you are a lawful permanent resident and your parent naturalizes, you can also become a U. S. citizen through a process known as “derivation of citizenship.”

Benefits of U. S. Citizenship

If you’re like a lot of our immigration naturalization law office clients, you may want to know why you should apply for naturalization.

Here’s why. If you are granted citizenship, you gain the right to:

Vote in U. S. elections for government officials
Help immigrate certain relatives to the U.S., often more quickly than if you are just a lawful
permanent resident
Travel outside the U. S. with a U. S. passport wherever and whenever you want
Run for public office (except President and Vice-President)
Increased protection from deportation and removal
Seek government benefits, and various scholarships and grants
Live in another country without losing your right to return to the United States

WARNING: Naturalization And Citizenship Obstacles

If your dream is to become a U. S. citizen, a small mistake made many years ago can destroy your chances of success.  A criminal conviction, even for a minor infraction, may become a major hurdle to winning your immigration naturalization case.

Even old allegations of certain types of convictions and past restraining orders might become major barriers to obtaining naturalized citizenship status.

Other types of potential problems are:

Voting in U. S. elections as a permanent resident Avoiding payments of child support Failing to pay income taxes or filing inaccurate tax returns Not registering for the Armed Services Staying outside the U. S. for a long period of time

Sometimes it is a huge mistake for immigrants to apply for citizenship.

As an immigration naturalization lawyer, I’ve seen too many people jump the gun and make this error.  By the time, they come to my immigration attorney offices, it’s sometimes too late to help them.

If any of the above situations apply to you, you need to consult with an attorney experienced in the immigration consequences of criminal convictions and arrests BEFORE you file any papers.

Even if the allegations against you were false, or if the charges were dropped, you could still face serious problems during the naturalization process.

Your case might be sent to Immigration Court where you will face deportation charges. If this happens, the government will seek to send you back to your home country.  Having to defend against deportation and removal is not a risk you should take.

Instead of consulting with a citizenship attorney to discuss such problems, some immigrants try to hide information from the government.

Some people think once they obtain their citizenship, they’re safe from deportation by the government.  This is not true.

Falsifying information places them in even greater jeopardy.  If their hidden information is ever discovered, the government will start the denaturalization process against them.  The government will seek to strip the immigrant’s citizenship status, which leads to deportation due to the fraudulent actions.

The Final Steps: Achieving Your Immigration Dream

For most immigrants, becoming a U. S. citizen is the end of a long journey.

It is also a matter of personal pride.

There are many different reasons why you might want to become a citizen.  But if you’re like most of our clients, once you reach that goal, you will share the same sense of gratitude and accomplishment.

To get where you’re at today, the road may have been bumpy.  Most likely, the bumpier the road, the greater your fears about filing new immigration papers.

At the immigration citizenship and naturalization offices of Carlos Batara, we understand those bumps.  We understand your fears.  We understand your dream.

Learn how we can help you become a United States citizen . . .