Immigration Law

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Citizenship Law Questions

Every country has in place a process, a system, and certain principles for granting citizenship. The most common reasons to impart citizenship include: at least one parent of the applicant is already a citizen of the country; the applicant is born within that country; the applicant marries an individual holding the citizenship of that country; or the applicant acquires it through naturalization. Many people seek citizenships in other countries for a variety of reasons. Here are five of the top citizenship questions answered by the Lawyers on JustAnswer.

If someone has lived as a US resident for five years and had a misdemeanor charge that was dismissed, would that affect the citizenship application process or can they file anyway?

In most cases, if the case was dismissed, then there is no conviction and you can file the citizenship application. As long as the case was dismissed, there is no basis to deny the citizenship application and the time it takes to get an approval should be the same. Citizenship and immigration can be tricky and confusing. If you are facing questions like this one, the Immigration Lawyers on JustAnswer can help answer your questions quickly and affordably.

If someone with a green card was caught shoplifting in California will they face deportation?

In most situations, the accused would need to be very careful how they plead in court. Shoplifting is a criminal offense as well as a moral issue. If someone has a larceny charge pending, hiring an attorney or criminal lawyer to get the case reduced or disposed of would be in his or her best interest.

A pre-trial diversion disposition happens when a defendant is never arraigned in court but agrees to classes, community service and a brief term of probation with the DA. In such situations, the accused does not enter a plea of guilty to the larceny, and when the sentence is completed successfully, the charges are dismissed.

If a green card holder from India has to stay 6 out of 12 months in the US, when do the 6 months start?

The timing starts at the point of entering the USA. The green card holder will need to make sure that their stay in the USA is longer than their stay in India in any calendar year starting from the date of their entry into the USA. For example, if they took a trip back to India and stayed 3 months out of the calendar year, they would need to make sure they live in the USA for more than 3 months.

How can someone become a legal citizen in the USA besides using the Visa Lottery?

There are many ways of becoming a US citizen. Be aware that in most cases you must first be a permanent resident with a green card before you can pursue citizenship.

1. Marrying a US citizen, then applying for a provisional visa, obtaining a visa, and then applying for citizenship. This is a type of citizenship through naturalization.

2. Citizenship through parents. If your parents can be proven to be US citizens, you can file for your own rights also.

3. Applying for citizenship status via asylum and protection on religious grounds or other grounds for persecution. If asylum is provided, filing later for citizenship through the same steps.

Applying for citizenship can be a confusing and complex process depending on your particular situation. You can bring your case to the Immigration Lawyers on JustAnswer and get answers to your citizenship and immigration questions quickly and affordably.

If someone from Canada is not allowed in the USA due to a DUI, would marriage help them become a citizen?

There is no permanent bar for a DUI and after 15 years they would certainly not find a person inadmissible for that reason. There are a few things that make someone inadmissible permanently: fraud or misrepresentation in obtaining entry or an immigration benefit, an aggravated felony, false claim to citizenship or drug convictions other than 30 grams of marijuana. However, Canada seems to be stricter on their laws on driving under the influence. Citizenship by marriage will not always guarantee citizenship. In fact, the department of immigration can be skeptical of a marriage with the purpose of seeking citizenship.

Obtaining a US citizenship seems to be one of the more frequently discussed topics on JustAnswer. When faced with tough questions or complex situations, the Immigration Lawyers on JustAnswer can provide useful legal insights and direct you to the best course of action available to you.
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