Citizenship & Naturalization Lawyers in San Jose

Helping Clients Realize Goals of US Citizenship

US immigration laws demand a lot of prospective citizens. These individuals must meet stringent requirements, including good moral character, residence requirements, and more. If the person does not meet these basic requirements or pass various assessments, they may not be granted citizenship or enjoy the benefits of naturalization.

Whatever your starting point or goals, you should consider consulting with knowledgeable immigration lawyers before petitioning immigration authorities for citizenship. Your legal team can help you determine whether you have met the eligibility requirements and get you on the path toward residency or naturalization. Having qualifying family members who are US citizens can also be helpful along the path toward citizenship. A good attorney will inform you about your chances of success and help you gather the necessary documents and information to complete your required forms.

If you are a permanent resident hoping to upgrade your status, a citizen wanting to bring a family member to the US, or a prospective citizen facing challenges with your application, our law firm can help. We believe everyone deserves the chance to live the American dream, and we will fight tirelessly for your rights throughout the naturalization process. Contact our team of immigration lawyers immediately to discuss your goals and challenges by calling 408-359-4388 today.

What Are the Requirements for Someone to Become a Naturalized Citizen?

Many individuals enter the US to live with family members or gain better employment. Becoming a legal permanent resident can be challenging enough, but enjoying the full benefits under US immigration laws requires becoming a citizen. One of the first steps toward naturalization, or becoming a US citizen, is understanding how to fulfill the strict requirements under US immigration law.

Some of the terms of eligibility to become a naturalized citizen include the person being:

18 years of age or older
Of lawful permanent resident status
A resident of the United States for at least five years before applying for citizenship
A fluent English speaker
Of “good moral character”

Obtaining citizenship involves proving that the above statements are true through a thorough application, biometrics testing, and interview process. The individual wishing to become a citizen should not move out of the US after filing for naturalization. They should also be prepared for an investigation into their criminal history and testing regarding their understanding of English and the United States.

If you or a loved one is unsure whether you’ve fulfilled the residency requirements or have good moral character according to the law, this doesn’t mean you’ve forfeited your chance of citizenship. Our team of attorneys can help obtain waivers and petitions to achieve your immigration goals despite these challenges. Call The Law Offices of Daniel Shanfield Immigration Defense P.C. for more information about how we can help you and your family.

How Is Good Moral Character Defined Under US Immigration Law?

Many immigrants mistakenly think that the requirement for good moral character means they must have made no mistakes in the past. However, this is not the case. Good moral character is not based on one incident but on a person’s continual habits. While a background check that reveals past crimes can introduce certain challenges to the immigration process, it doesn’t necessarily mean you can’t become a US citizen.

Some examples of crimes that are harder to overcome when seeking citizenship include:

Habitual drunkenness
Crimes involving drugs or controlled substances
Drug trafficking
Violent crimes, such as murder or kidnapping
Convictions of aggravated felonies
Prostitution
Immigration fraud
Multiple convictions with a total sentencing of more than five years
Domestic violence
Failure to pay child support

Those seeking citizenship who are guilty of the above crimes may still find hope with our San Jose immigration lawyers. We have a vast amount of experience defending individuals seeking immigration benefits despite offenses on their criminal record. We can prepare evidence and documentation to show that you have gone through the effort to rehabilitate and are no longer a threat. Call now to speak with our legal team about proving your good moral character.

What Is the Continuous Residence Requirement for US Citizenship?

Another aspect of qualifying for citizenship is the continuous residence requirement. This requirement may seem simple but is quite nuanced as many individuals may have allegedly interrupted their US residence before applying for citizenship. A skilled attorney can help prove that you have complied with the residence requirement and are eligible for naturalization. We will gather evidence to prove that you were physically present in the US for at least thirty months in the five years before seeking naturalization.

It is important to remember that there are some exceptions to the continuous residence requirement, including:

Individuals working abroad for the US government
US military members and their spouses and children
US government contractors
Individuals working for a public international organization

Hiring an immigration law firm that provides a naturalization service is a great way to get help collecting evidence to prove that you fit one of these or other exceptions. Reach out to our caring, capable legal team for the legal assistance and representation you need.

What Are the Main Steps of the Naturalization Process?

Beginning the naturalization process can be exciting and overwhelming. You should start by ensuring you are eligible for citizenship, which you can do by contacting a trusted legal representative familiar with US immigration laws. For example, you can call our friendly team of attorneys to discuss your unique circumstances and determine whether this is the right time for you to pursue citizenship.

Once you are sure you are eligible for naturalization, you will likely go through the following steps to achieve US citizenship:

Submitting Form N-400, the Application for Naturalization. This includes sending USCIS the appropriate documents, including proof of residency, photographs, applicable waivers, and filing fees.
Submitting to biometric testing, meaning being fingerprinted so USCIS can perform a background and criminal check.
Being interviewed regarding your application and background.
Undergoing testing for English proficiency and knowledge about the United States, including the Constitution.
Receiving a ceremony date and taking the Oath of Allegiance.

When you pass the interviews and tests and demonstrate good moral character, you will be in the final stage of naturalization, where you are made a citizen of the United States. Following the interview, you will be required to return your permanent resident card and answer questions about your activities. This process can be overwhelming, but it results in the rewarding feeling of becoming a US citizen. Reach out to our law firm right away for legal and emotional support throughout the exciting and complex naturalization process.

How Can Your Immigration Services Help Me Achieve My Goal of Citizenship?

Many prospective citizens wonder if it’s necessary to hire an immigration law firm as they embark on their journey toward citizenship. With the complex and constantly changing immigration laws, having an attorney on your side can make all the difference for you and your family. When you hire our team of immigration lawyers, you can rest assured that we will apply our decades of experience to help you achieve your goals. We will communicate effectively throughout the process so you will know what to expect and can participate in decision-making.

Having a lawyer on your side is also critical if you have any aspects of your application that might raise red flags at USCIS. This includes individuals seeking an exception to the continuous residence requirements and those with offenses on their criminal record. Skilled attorneys like those at our law firm can defend your rights and ensure you get the full consideration you deserve from USCIS, even in the most challenging circumstances.

Should You Hire Our San Jose Citizenship Lawyers?

If you or your loved one is seeking to become a US citizen, you probably feel excited, hopeful, and worried about what happens if the application is denied. When you hire The Law Offices of Daniel Shanfield Immigration Defense P.C., you get the peace of mind of knowing that talented, experienced lawyers are handling your case with care and dedication.

Our founding attorney has spent years working as an immigration prosecutor, giving our team unique insights and knowledge that many immigration firms lack. You can rely on our dedication to your success as we treat each client with great care and respect. We believe in fighting for families and individuals seeking to reside in the United States permanently, no matter what obstacles arise.

Reach out to our compassionate team of immigration attorneys today to experience the personal attention and legal experience we offer. We serve the communities of San Mateo, San Francisco, San Jose, Santa Clara, and the surrounding areas and offer nationwide services. Call 408-359-4388 to learn how we can help with your unique case.