Frequently Asked Questions About Immigration in Alabama
What is a Green Card?
A Green Card, also known as a Permanent Resident Card, allows you to live and work in the U.S permanently.
Can I bring my family to the U.S.?
You can petition to bring or sponsor family members to the United States only if you are a U.S. citizen or a green card holder (permanent resident).
Is it necessary for me to take a separate oath of allegiance if I intend to be a dual citizen?
Attending the oath-taking ceremony, when you will take a pledge of loyalty to the U.S., is the final process of becoming a naturalized U.S. citizen. While this is a relatively simple portion of the process—after all, you’ve already been granted citizenship—it can raise legal queries.
“U.S. law does not… require a person to choose one citizenship or another,” according to the U.S. State Department, and the Supreme Court proclaimed that “the concept of dual citizenship acknowledges that a person may have and exercise rights of nationality in two countries while being subject to the responsibilities of both.”
The only way a dual citizen can forfeit American citizenship is if they choose to do so, according to US courts, like committing treason. As a result, you can take the oath in good faith even if you want to keep your original citizenship.
What if an applicant cannot take the oath due to a disability?
A naturalization applicant must normally comprehend, be willing to accept, and certainly, recite the “oath of allegiance,” but only if he or she can freely say that he or she wants to become a US citizen and understands that by doing so, he or she is also relinquishing “allegiance” to the nation of which he or she was initially a citizen.
This is impossible for certain people due to their disability. The assigned representative may then request an “oath waiver,” which requires proof that the individual has a “developmental or physical disability or mental impairment that prevents him or her from understanding the meaning of the oath or communicating an understanding of the oath requirement,” according to a USCIS memo dated June 30, 2003.
A standard form for requesting an oath waiver does not exist. USCIS prefers that you request it when you first submit the N-400, but you can also ask it at your naturalization interview.
To receive an oath waiver, you must meet two requirements:
- The candidate must be incapable of taking the oath
- Someone must be legally recognized as a “designated representative.”
You must provide a declaration from your family member’s doctor regarding the disability, a statement from you describing your role, any court documentation proving that you are the applicant’s legal guardian, and proof that you are a US citizen and connected to the applicant.
A citizenship applicant who qualifies for an oath waiver would not be required to attend a public oath ceremony. Instead, the applicant should get a naturalization certificate on the same day as the USCIS interview, known as a “same-day oath ceremony” or “same-day administrative oath.”
What if I’m arrested before my oath ceremony?
You can proceed only if your charges are dropped immediately.
Naturalization candidates must be eligible on the day of the ceremony. That means you must have a good moral character and not be a danger to the public. If you have an ongoing criminal case, USCIS will not be able to make that determination and will place you on hold until you can provide evidence detailing the case’s outcome.
Additionally, if you are sentenced to probation, your citizenship application will be denied by USCIS. After your probation period has finished, you can reapply for naturalization.
You will also be questioned if you have been arrested or cited since your naturalization interview, including whether you are a “habitual drunkard.” You must answer honestly because if USCIS discovers that you lied to obtain an immigration benefit, you could lose your citizenship or even be deported in the future.
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