Immigration Today

By Alejandro Filippa – Attorney at Law
Question: I have had a Greencard for almost 12 years. Why should I become a U.S. Citizen?
A: As a basic answer, I stress to most of my clients who intend to stay in the United States that they should become citizens as soon as is legally possible. As a citizen, you will be able to get green cards for your spouse and unmarried children without a long wait, apply for green cards for your parents, your married children, and your brothers and sisters. In addition, you will be given the basic right to vote, and be able to work for the U.S. government or in the other jobs that are closed to non-citizens. Finally, and perhaps most importantly, a citizen cannot be removed or kept out of the U.S. This is especially relevant in the present, as tens of thousands are being deported every year.

Q: When can I apply for U.S. citizenship?

A: As a general rule, you can apply for naturalization five years from the date of you becoming a U.S. lawful permanent resident. If you are married to and living with a U.S. citizen spouse in marital union for at least 3 years before filing the application, the residence period is shortened to 3 years. You may file the application 3 months before the residence requirement is met. Also, you have to be a resident for 3 months in the state where you are filing the application.

Q: I am thinking of filing for U.S. citizenship. What requirements must I meet?

A: There are four main requirements that must be met in order to qualify for naturalization; (1) Must have basic literacy of the English language; (2) Must demonstrate a knowledge of U.S. history and civics; (3) Must show five years of residency in the U.S. (except U.S. citizen spouses); (4) Must show good moral character. It should be noted that there are some exceptions to these general rules and competent legal counsel should be consulted if you feel one of these requirements might create a problem for you.

Q. Will I lose my Greek citizenship if I become a U.S. citizen?

A. The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy regarding dual citizenship. For example, in some cases the U.S. will allow dual citizenship but your home country may not. U.S. law does not directly discuss dual nationality or require a person to choose one citizenship over another. A person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily and with the intention to give up U.S. citizenship. Intent is shown by the person’s statements or conduct (for example, sending back American passport). The U.S. Government recognizes that dual nationality exists but does not encourage it because of the problems it may lead to.

*** Alejandro Filippa is an attorney practicing exclusively in immigration law. He graduated from New York Law School. He honed his skills while working at NYANA (New York Association of New Americans) and Stephen Jeffries & Associates (practicing exclusively in immigration law). His Manhattan office is located at 17 Battery Place. He can be reached either at (212) 898-4170 or through the website www.filippalaw.com