Naturalization and Citizenship

Austin Naturalization Attorney: U.S. Citizenship Through Naturalization

If you have been a permanent resident for several years and are eligible to become a U.S. citizen, naturalization is one of the most important and rewarding immigration milestones. For some people, the process is straightforward. For others, prior immigration history, criminal history, long absences from the U.S., or selective service issues create complications that need to be addressed before filing.

Kinzy Law has handled naturalization applications for more than 20 years, including cases with complications that other attorneys would have advised against filing. As an experienced US naturalization attorney in Austin, Texas, Mr. Kinzy will evaluate the full picture before recommending a filing strategy.

Basic Eligibility for Naturalization

Most permanent residents qualify to apply for naturalization after five years of permanent residence, or three years if they obtained permanent residence through marriage to a U.S. citizen and remain married. Applicants must demonstrate continuous residence and physical presence, good moral character, English language ability (with some exceptions), basic civics knowledge, and attachment to the principles of the U.S. Constitution.

When To Be Careful About Filing

Some permanent residents have complications that make filing for naturalization risky. Filing exposes you to a careful USCIS review of your entire immigration history. If problems are uncovered, they can result not just in denial of naturalization but potentially in removal proceedings. Common issues that warrant careful evaluation before filing include criminal arrests or convictions (even old ones, even minor ones, even ones that did not result in conviction), long absences from the U.S. (especially absences over six months), failure to register for Selective Service, prior misrepresentations on immigration applications, tax issues, and unauthorized employment during a prior nonimmigrant period.

Our approach: before filing, we evaluate your full immigration and personal history honestly. If we identify a real risk, we will tell you. Sometimes the right answer is to wait, to address an underlying issue first, or in some cases to refrain from filing.

Citizenship Through Parents

Many people are U.S. citizens without realizing it, having derived or acquired citizenship through a parent. Derivation and acquisition rules are technical and depend on the parent’s citizenship, the parent’s physical presence in the U.S., and the child’s age when key events occurred. We help clients evaluate whether they have a claim to citizenship through a parent, and where appropriate, apply for a Certificate of Citizenship (Form N-600).

Dual Citizenship

U.S. law generally permits dual citizenship, but the laws of the other country may not. We help clients understand the practical implications of becoming a U.S. citizen while retaining or losing citizenship in another country.

After Naturalization

Naturalization opens new options: petitioning for additional family members in the immediate relative category (much faster than the family preference categories), eligibility for federal employment, and freedom from concerns about losing status due to lengthy absences from the U.S. or other issues that affect permanent residents.

Eligible to apply for citizenship? Schedule a consultation with our Austin naturalization attorney so we can review your case before you file.