Naturalization

The process through which a person becomes a US Citizen.

NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option

Question details

1. How much and for how long do we have to work on an endeavor for which NIW I-140 was approved to avoid any issues in adjustment of status, naturalization, etc.?

2. Is there a way to get any status in the US to work on the approved NIW endeavor until I-485 is filed?

 

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FAQ Transcript

It is important to note that if you are from a country like India, you may face a long wait—up to 10 to 12 years—for a green card. After receiving your green card, you are not required to stay in your job indefinitely; you can leave for valid reasons after a few months, as long as you act in good faith.

Regarding work status for those with an approved NIW, the Compelling Circumstances EAD is an option. Still, it has several drawbacks: unpredictable, uncertain processing times, and requires annual renewal. Another alternative is Entrepreneurial Parole, which offers up to five years of work authorization but may not be ideal for individuals from India due to the lengthy green card process. Please read the articles on the The Economic Times Author Page for more information.

 

Naturalization eligibility for recently extended absences over six months and less than one year from the U.S.

Question details

My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that on two of his most recent trips, he was out of the US for nine months, six weeks, and 11 days.

He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.

What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?

Regarding the 9-month absence that is being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable as long as there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, as long as these reasons are clearly explained, it should be acceptable.

 

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FAQ Transcript

Regarding the 9-month absence being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable if there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, it should be acceptable if these reasons are clearly explained.

Recording for July 25, 2024 Conference Call with Rajiv S. Khanna

Citizenship and Naturalization

 

FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues

USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees

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WASHINGTON – Today, U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule will allow USCIS to recover a greater share of its operating costs and support more timely processing of new applications.

USCIS to Celebrate Constitution Day and Citizenship Day by Welcoming More Than 6,900 New Citizens

Release Date 

Weeklong celebration highlights naturalization ceremonies and new initiatives

WASHINGTON—U.S. Citizenship and Immigration Services will celebrate Constitution Day and Citizenship Day by welcoming more than 6,900 new citizens in over 130 naturalization ceremonies across the nation between Sept. 17 and Sept. 22.