Few naturalization questions

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Old Apr 28th 2006, 3:37 am
  #1  
Oleg Konovalov
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Default Few naturalization questions

Hi,

1) I have US Green Card since Aug.2, 2001
Can I already apply for US citizenship ?

2) I was born in Belarus (former USSR) - no more citizenship,
but have a citizenship of Israel and Canada.
Do I have to specify all that in N-400 ? Do I have to give up any of these
citizenships ?

3) Have 11 years old son (born in Canada).
Need N-600 for him. Do I need to attach his photos ?

4) Do I have to specify things like traffic tickets or parking tickets in
N-400 ?


Thank you in advance,
Oleg.
 
Old Apr 29th 2006, 2:32 am
  #2  
Rich Wales
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Default Re: Few naturalization questions

Oleg Konovalov asked several questions. I'm commenting on only
some of them.

> 1) I have US Green Card since Aug.2, 2001
> Can I already apply for US citizenship?

Probably not. You must normally wait five years after getting
your "green card". The only likely exception would be if you
are married to a US citizen (and have been married for at least
three years) -- in which case you would have become eligible
to apply for US citizenship after three years (and are thus
eligible to apply now).

> 2) I was born in Belarus (former USSR) - no more
> citizenship, but have a citizenship of Israel and
> Canada. . . . Do I have to give up any of these
> citizenships?

The issue of "giving up" other citizenships is complicated.
You do need to agree to a clause in the US naturalization oath
in which you renounce all prior allegiances. (This clause is
mandatory, and no US official has any authority to waive it
for anyone for any reason, so don't even bother to waste your
time asking for an exception).

However, this renunciatory statement is not legally recognized
by many other countries (I know Canada will ignore it, and I
believe Israel will also ignore it).

So, when you become a US citizen, you'll be in a situation where
the US will consider you to be a citizen only of the US (and will
refuse to acknowledge any other country's claims on you) -- but
Canada and Israel will insist that nothing has changed (and Canada
will still consider you a Canadian citizen, and Israel will still
consider you an Israeli citizen).

The US does not attempt to enforce the renunciatory statement in
its own naturalization oath. No attempt will be made to force
you to contact your "old countries" in order to get them to revoke
your existing citizenships. And if those countries require you to
use one of their passports in order to travel there, that's OK as
far as the US is concerned -- though you would also need to have
a US passport, since the US will demand that you always use a US
passport when returning to the US.

Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old Apr 29th 2006, 1:55 pm
  #3  
Ned
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Default Re: Few naturalization questions

"Oleg Konovalov" <[email protected]> wrote in message
news:j6g4g.2800$Ci.1267@trnddc05...
    > Hi,
    > 1) I have US Green Card since Aug.2, 2001
    > Can I already apply for US citizenship ?

You can apply 90 days before you are eligible. If you have been married to
a US citizen for 3 years, you are eligible to apply now. If not, you are
eligible to apply 90 days prior to Aug 2, 2006.

    > 2) I was born in Belarus (former USSR) - no more citizenship,
    > but have a citizenship of Israel and Canada.
    > Do I have to specify all that in N-400 ? Do I have to give up any of
    > these citizenships ?

You certainly do not have to give up your Canadian citizenship. Not sure
about Israel's citizenship laws.

    > 3) Have 11 years old son (born in Canada).
    > Need N-600 for him. Do I need to attach his photos ?

No - you do not have to do anything yet. He can't apply for US citizenship
on his own as he's not 18 years old yet. Actually he becomes a US citizen
automatically (derivatively thru you) as soon as you are naturalized
(assuming he has a Green Card already). Apply for passports for yourself
and your son as soon as you receive your naturalization certificate. You
can submit his passport application along with yours. He will have to
submit photos, birth cert, green card then - he'll get the birth cert and
green card back with his US passport. You don't need to apply for a US
Certificate of Citizenship for him - it's more expensive than a US passport,
takes much longer to get and can't be used for travel anyway. Besides, the
US Supreme Court has ruled that a valid, unexpired US passport is the only
real proof of US citizenship.

    > 4) Do I have to specify things like traffic tickets or parking tickets in
    > N-400 ?

I believe you still have to declare all violations (including traffic
violations). However, this means DUI/DWI and speeding tickets - not parking
tickets.

    > Thank you in advance,
    > Oleg.
    >
 

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