Fisher Legal Group

Can A Lawful Permanent Resident Apply For US Citizenship?

Yes, a lawful permanent resident can apply for US citizenship. Family-based immigration has different timeframes for the application process. In employment-based cases, an individual has to have had their green card for at least five years in order to apply for US citizenship. They are eligible to file the application for US citizenship 90 days before their fifth year anniversary on the green card.

Is A Lawful Permanent Resident Required To Give Up His Citizenship If He Applies For a Green Card?

All individuals who naturalize in the United States are citizens of their home countries when they apply for US citizenship. The United States allows for dual or multiple citizenships. Whether or not an individual has to give up the citizenship of their native country depends entirely on the laws of the country where they are from. For example, Japan does not allow dual citizenship, and a lot of our clients from Japan do not apply for US citizenship because they do not want to give up their Japanese citizenship. The majority of the countries in the world allow for dual or more citizenship. For example, if an individual is from Great Britain and they apply for US citizenship, Great Britain allows them to keep their British citizenship. So, they can be US citizens and British citizens. There is a tricky question about what happens when an individual takes the citizenship of another country after they became naturalized US citizens. Normally, if a person has naturalized and became a US citizen, it means that they want to be a US citizen. If a person who has obtained US citizenship goes to another country and obtains citizenship there, then the US government may interpret that as them not wanting to keep their US citizenship. In addition, the US government would then have the right to withdraw their US citizenship. I have never seen that happen, but it’s theoretically possible.

Can A Spouse And Dependent Children Be Included In The I-140 Petition And I-485 Adjustment Of Status Application?

Whether or not a spouse or dependent children may be included in the I-140 petition is absolutely irrelevant, because the I-140 petition is the employer’s petition for his or her employee. The issue of the spouse and dependent children being eligible for a green card only arises when the individual applies for the actual green card, which is the I-485 adjustment of status application. Every beneficiary of an approved I-140 petition is eligible to include his dependents, spouse and/or children when he or she files an I-485 application for adjustment of status. When the individual becomes eligible for an I-485 application for adjustment of status, their spouse and children are eligible to file their own application for adjustment of status.

Are Spouses Or Dependent Children Eligible To Apply For Employment Authorization In The US?

When an employer petitions for a person’s green card, that person becomes eligible to apply for the I-485 application for adjustment of status, which is the green card application depending on certain circumstances such as visa bulletin category or a priority date being current. The individual’s spouse and children also are able to file the I-485 application for adjustment of status. Each applicant must pay the government filing fees (in the case of children, the amount of the government filing fee depends on the child’s age). When the government filing fees are paid, they are eligible to apply for employment authorization and an advance parole travel document while they are waiting for the green cards. Once they get the green cards, they don’t need an employment authorization or an advance parole document because the green cards will allow them to travel in and out of the United States. A green card is an official document which allows individuals to work in the United States and travel back to the United States after a short trip abroad. So, the employment authorization and the advance parole travel document are given to individuals who are waiting for their I-485 application for adjustment of status to be adjudicated.

For more information on Applying For US Citizenship, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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