Tuesday, June 30, 2009

FORM N-400

By ATTY. Monica Gangoo

QUESTION: Can I be deported from the United States for committing a crime when I am a United States citizen?

ANSWER: No.

QUESTION: Can I be deported from the United States for committing a crime when I am a Legal Permanent Resident?

ANSWER: Yes, it depends on the crime you are convicted of.

QUESTION: What rights will I have as a citizen of the United States?

ANSWER: As a citizen of the United States, you will have the same rights as a person who was born in the United States. You will have the right to vote, which is probably the most important right any person can be given within this country.

QUESTION: What are the two ways a person can become a citizen in this country?

ANSWER: The two ways that a person can become a United States citizen are: (1) By the operation of the law. Examples are birth in the United States or birth abroad to United States citizens or national. (2) Through naturalization. This requires an filing an application and being qualified.

QUESTION: What does it mean for a person to have a clean record in order to be a citizen?

ANSWER: You must show good moral character for the past five years. However, if the interviewing officer decides to look beyond the five years to see whether or not you are a good enough person to become a citizen, he or she may do so at his or her discretion.

QUESTION: When can I become eligible for citizenship?

ANSWER: You must be a legal permanent resident for 4 years and 9 months before you can apply for citizenship. However, if you have been married to a United States citizen for 2 years and 9 months and you have been a legal temporary resident or legal permanent resident, then you may also apply for citizenship.

QUESTION: What is the Child Citizenship Act and does it only relate to children? What are the benefits?

ANSWER: The Child Citizenship Act (CCA) amended the Immigration & Nationality Act (INA) and it combined some of the related provisions. This section of the law relates to children only. The CCA greatly expands the category of children that are eligible for derivation of citizenship. Under this law, foreign-born children adopted by United States citizens who meet the definition of a child under the INA will automatically acquired United States citizenship. In the past, children that were adopted by United States citizens had to complete the naturalization process before obtaining citizenship.

QUESTION: What is the goal of the Child Citizenship Act?

ANSWER: Congress’s stated goal of passing the CCA was an attempt to protect and shelter children who were negatively impacted by the harsh effects of IIRAIRA, when children adopted at very young age discovered later on in their lives that they were subject to deportation due to criminal convictions or prior false claims to being a United States citizenship. Congress wanted to protect these children from future deportation by conferring citizenship at the time they had immigrated to the United States. For an adopted child to derive citizenship, at least one of its adoptive parents must be a United States citizen, and a full and final adoption of the child must occur that meets the requirements of the INA, and the child must be living in the United states after having been admitted as an immigrant. This must occur before the child turns eighteen years old.

QUESTION: How does a foreign-born child naturalize?

ANSWER: A foreign-born child will have to be naturalized, not by derivative naturalization. Therefore, this child would have to fill out the proper paperwork with INS (BCIS). The law currently requires: (1) that at least one of the parents of the child is a United States citizen, whether by birth or naturalization; (2) that the child resides outside the United States; (3) that the child is temporarily present in the United States pursuant to lawful admission; (4) that the child is maintaining lawful status in the United States; (5) that the child is under the age of eighteen; and (6) that the child is in the legal and physical custody of the citizen parent.


For more information, you may contact us for a consultation.
MONICA GANJOO is an immigration attorney with offices in San Francisco and San Jose. Ganjoo Law Offices currently offers $20 consultations in the San Francisco office, the San Jose office, or by telephone with Attorney Ganjoo. To obtain your $20 consultation with Attorney Ganjoo, please call one of the numbers below:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

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