Citizenship & Naturalization Questions

• I became a lawful permanent resident 3 years ago based on my marriage to a U.S. Citizen. The first two years of my status were “conditional resident status” because we had just gotten married. Does my time as a condition resident count towards the 3 year status requirement for naturalization purposes?

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  Yes. You can immediately file for naturalization, 2 years and 9 months (you are allowed to file three months early) after you obtain lawful permanent resident status, which includes your time as a conditional resident. However, if you are no longer married and living together in marital union with your spouse, you will need to wait the entire 5 year period (4 years and 9 months) before filing for naturalization.

• I was born abroad to a U.S. citizen mother and a foreign national father in the 1980s. I lived abroad through most of my childhood together with my mother and father. Am I a U.S. citizen?

  It depends on how long your mother was a resident in the United States before departing the United States to live abroad. For children born abroad to one U.S. citizen parent, the U.S. citizen parent must meet certain residency requirements in the United States for you to qualify for automatic citizenship upon birth.

• I have two criminal convictions within the last five years. If I apply for naturalization, will it be granted?

  It depends on what kind of crimes you were convicted of. In order to become a U.S. citizen through naturalization, you have to demonstrate that you are a person of good moral character within the five years immediately preceding the filing of the application. Although the classification of the crimes (summary offense, misdemeanor, felony) is not wholly determinative, generally with summary offenses, you may still qualify for naturalization. If you have any criminal convictions, however, you should not file for naturalization without an attorney because seemingly minor infractions, even when committed outside the statutory period (5 years before filing)can result in a denial of your application. Even worse, certain criminal convictions may even cause you to be placed in removal proceedings after they are brought to the attention of USCIS through your application for naturalization. Hykel Law has extensive experience successfully obtaining U.S. citizenship for lawful permanent residents with criminal convictions.

• My father is blind. He has lived in the United States for 12 years and is now ready to apply for naturalization. He cannot read or write English. Can he still become a U.S. citizen?

  Yes. Applicants who are medically incapable of reading and/or writing English can apply for a medical waiver of the English language requirements. You will need to submit a form with an evaluation from a doctor, even for something as obvious as blindness.

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