Would you and your family like to become duel citizens?

Making a decision to become a citizen of another country is huge. Not only does it involve a lot of paperwork, but it can create a lot of confusion. Having the knowledge and support you need during this time is important and that’s what we’re here to do for you. Here at Victory Law we will assess your current situation, answer your questions, and walk you through the consular process for legal immigration or naturalization, along with the necessary processes to qualify for it. We will then assist you in efficiently and effectively streamlining the process for the quickest outcome. Whether you’re inside, or outside the U.S. we are here to help you return to what it is that you hold dear and desire in our great country. Consular Processing Includes:

• Performing a full analysis of your specific situation to determine your immigration rights and basis to immigrate
• Determining Visa availability and consular processing times as well as solutions allowing you to immigrate sooner
• Analyzing all possible factors that may negatively affect your case as well as solutions to overcome such factors
• Putting together a comprehensive package of legal documents to submit in conjunction with your application to increase the chances of a favorable decision
• Filing your Immigrant Petition with all supporting documentation
• Scheduling your interview appointment with the appropriate consular office
• Preparation for your interview appointment at the appropriate consular office
• Communication with the Consulate and National Visa Center during your case review
• Client Education regarding your Visa packet
• Client Education regarding your rights and responsibilities as a legal permanent resident

Gain the support, trust, and knowledge you need to successfully complete this process in a quick and effortless manner by allowing us to partner with you as you gain residency within the U.S. Don’t delay in taking the first step toward a great change. Call us for a free consultation today!

What documents do I need to travel outside the United States?

In general, you will need to present a passport from your country of citizenship or your refugee travel document to travel to a foreign country. In addition, the foreign country may have additional entry/exit requirements (such as a visa). For information on foreign entry and exit requirements, see the Department of State’s webpage.

What documents do I need to present to reenter the United States?

If seeking to enter the United States after temporary travel abroad, you will need to present a valid, unexpired A green card (Form I 551, Permanent Resident Card). When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States. For information pertaining to entry into the United States, see U.S. Customs and Border Protection’s webpage.

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I 131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the Travel Documents page. If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB 1) at the nearest U.S. Embassy or Consulate. An SB 1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas. Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N 470. For more information, please see the Continuous Residence and Physical Presence Requirements page.

What is Naturalization?

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

You May Qualify for Naturalization if:

• You have been a permanent resident for at least 5 years and meet all other eligibility requirements, please visit our Path to Citizenship page for more information.
• You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen, please visit our Naturalization for Spouses of U.S. Citizens page for more information.
• You have qualifying service in the U.S. armed forces and meet all other eligibility requirements. Visit the Military section of our website.
• Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

You may qualify through other paths to naturalization if you do not qualify through the paths described above. Note: You may already be a U.S. citizen and not need to apply for naturalization if your biological or adoptive parent(s) became a U.S. citizen before you reached the age of 18.

Your Rights

As a permanent resident (green card holder), you have the right to:

• Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law.
• Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)
• Be protected by all laws of the United States, your state of residence and local jurisdictions.

Your Responsibilities

As a permanent resident, you are:

• Required to obey all laws of the United States the states, and localities
• Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities.
• Expected to support the democratic form of government and not to change the government through illegal means
• Required, if you are a male age 18 through 25, to register with the Selective Service

You will need to replace your green card if:

• Your previous card was lost, stolen, mutilated or destroyed
• Your card was issued to you before you were 14 and you have reached your 14th birthday (unless your card expires before your 16th birthday)
• You have been a commuter and are now taking up actual residence in the United States
• You have been a permanent resident residing in the United States and are now taking up commuter status
• Your status has been automatically converted to permanent resident status (this includes Special Agricultural Worker applicants who are converting to permanent resident status)
• You have a previous version of the alien registration card (e.g., USCIS Form AR 3, Form AR 103 or Form I 151 B all no longer valid to prove your immigration status) and must replace it with a current green card
• Your card contains incorrect information
• Your name or other biographic information on the card has been legally changed since you last received your card, or
• You never received the previous card that was issued to you by U.S. Citizenship and Immigration Services (USCIS)

What The Law Says

Section 264 of the Immigration and Nationality Act (INA) states, “Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . .” It also says, “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor…” The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5.