Because most of the issues I address in this article relate to holders of “Green Cards,” I would like to address the term “Green Card.”  The card is now officially known as a “Permanent Resident Card.”  In fact, it’s no longer even green in color.  The person who actually is the holder of the “Green Card” is officially referred to and known as a “Lawful Permanent Resident.”
The issues I address are at the forefront of concern for many immigrants in our Middle Eastern community, but certainly do not represent all questions.  My comments below are general responses to the issues raised but do not and cannot substitute for the need to obtain professional legal advice by a lawyer in good standing.

The first question is how many years do you have to be a Green Card holder to apply for your U.S. citizenship through the “naturalization process”?

To qualify for naturalization, you must be at least 18 years of age and  be a lawful permanent resident for 5 years or if married to a U.S. citizen 3 years.

You must have good moral character � this means not having certain problems with the police or authorities.

You must be able to speak, read and write English at a basic level (there are exceptions for people over 50 with a Green Card for 20 years and over 55 with a Green Card for 15 years).

You must be able to pass a test on U.S. history and government (if you have a mental or physical disability that makes you unable to learn English or pass the U.S. history and civics exam, you can apply for a waiver;)

You must not have left the U.S. for long periods of time in the last five years.

You must swear that you are loyal to the U.S.

You must be a person who has served honorably in the U.S. Armed Forces if required.

If you are at least 18 years old, a Lawful Permanent Resident with at least one year of U.S. Armed Forces service (like a translator for U.S. Forces, and others), and you are filing your application for naturalization while still in the service or within six months after the termination of such service; OR you served honorably as a member of the Selected Reserve of the Ready Reserve or in active-duty status during a designated period of hostilities, you then may apply for naturalization without having been physically present in the U.S. for any specified period.

Another question is if a Green Card holder is applying for their citizenship, but has never filed or paid any income tax because of not having employment, will that affect the right to apply for citizenship through naturalization?

No, it should not.  However, it is expected that a Lawful Permanent Resident with income files required federal, state or local tax returns.  It is also recommended that no taxes be overdue, if possible.

If you are a Green Card holder, can you leave the U.S., and if you do so, how long can you be outside the U.S. without losing your Green Card or seriously affecting your path to citizenship?

The main point of this issue is to not be determined by USCIS that you have abandoned your permanent resident status.  With that point in mind, this question is best responded to in parts:

First, the answer is “yes,” you can leave the U.S.; technically, according to the law, if you intend to stay outside the U.S. for less than one year, you are not required to apply for a reentry permit, and you may reenter the U.S. on your Green Card.

However, if you intend to stay outside the U.S. for more than 6 months but less than one year, you may be presumed to have abandoned your residency if you did not secure a reentry permit before leaving; if you intend to apply in the future for citizenship through naturalization, absences from the U.S. for 6 months or more will generally affect the continuity of your required continuous residence in the U.S.  Furthermore, a person must be physically present in the U.S. for 30 months (18 if married to a U.S. citizen).  “Physically present” means the person was actually in the U.S. for a certain number of days.  So even if the person only takes short trips, too many short trips can cause them to fall short on physical presence;

If you intend to remain outside the U.S. for one year or more, you should apply for a reentry permit before leaving the U.S. and apply to preserve residence for naturalization purposes.  This is due to the fact that if you are out of the U.S. continuously for more than one year DHS considers you to have abandoned your residency;

A reentry permit allows a Green Card holder to apply for admission to the U.S. upon return from abroad during the permit’s validity (2 years), without having to obtain a returning resident visa from a U.S. embassy or consulate;

Lastly, with regard to these issues, there are so many variations and scenarios that cannot possibly be described in this article so it is highly advised that you seek a lawyer’s advice.

Is it possible for someone who has been deported to return to the U.S. in the future?

The answer is “maybe.”  If you are permanently barred from returning to the U.S., the answer is generally “no.”  If you are barred for a certain number of years, the answer is “it’s possible,” depending on the basis for deportation.  Therefore, the first question that must be asked is what the basis for deportation was.  Depending on the basis for deportation, an alien could be determined admissible or inadmissible by the Immigration and Nationality Act.

Fortunately, certain deported aliens can qualify for waiver of their time bar.  The application for the waiver must be determined on a case-by-case basis, usually based on the circumstances and rights of the future immigrant.  This process is very complex in its preparation, requires the adherence to many detailed demands, and has a very low probability of success, especially if prepared incorrectly.  Therefore, it is highly advised that you seek a lawyer’s advice when inquiring about a waiver.

While living in the U.S., if a Green Card holder changes his or her address, but fails to report the new address to USCIS within 10 days of their move, could USCIS try to deport them?

The answer is “yes.”  This is technically considered a violation of immigration law which makes the violator removable.

Can a citizenship applicant, who has completed and passed the naturalization interview, but has not received a determination of their citizenship due to a pending “FBI name check,” which is a criminal and background check performed by the FBI using a person’s name, challenge the delay in the adjudication of their citizenship application? 

The answer is “yes,” if the application is not decided within 120 days of the date of the examination by USCIS. Federal law permits an applicant to file a lawsuit in their Federal District Court to order determination of their application for citizenship.

In our Middle Eastern community, many applicants are personally experiencing these unjust delays, which have directly deprived them of the privileges of being a U.S. citizen.  For example, they cannot vote, serve on juries, expeditiously sponsor their immediate relatives living abroad for permanent residence, receive business or education loans or benefits reserved for citizens, participate in the Visa Waiver Program, or travel abroad and return to the U.S. without fear of exclusion from this country.

Attorney Michael S. Daoudi has been practicing law for over 9 years.  Prior to becoming an attorney, and while attending undergraduate and law school full time, he clerked for five different Circuit Court judges and volunteered time at Legal Aid.  Today, his successful practice primarily focuses on the areas of immigration and personal injury. 

DISCLAIMER OF LEGAL ADVICE

The content of this article is offered as information only and is prepared by the Law Offices of Michael S. Daoudi, P.C., for informational purposes and must not be regarded, considered, or construed as legal advice nor does it form an attorney-client relationship.  Immigration law can be complex and it is impossible to describe every aspect of every process.  This article provides basic information only.  For more information on the law and regulations, please consult a qualified lawyer. The application of law to an individual’s specific circumstances is not meant to be answered in this article.