Citizenship FAQs

It can take longer. The USCIS notes:

You can legally change your name after filing your application for naturalization with USCIS. If your name has changed after you filed a naturalization application, you must promptly provide USCIS with the document(s) that legally changed your name(s), such as a marriage certificate, divorce decree, court order, or other official record. Make sure to mention your name change and bring the documents related to your name change at the time of the interview.

You can also legally change your name when you naturalize. The instructions to Form N-400, Application for Naturalization, include information on what is required when you wish to change your name at the time of naturalization. At the time of the interview, the USCIS officer will record the name change request and ask you to sign a name change petition, which USCIS files with a court before the judicial oath ceremony. Upon receipt of the petition, the court signs and seals the petition. The petition is later presented to you during the naturalization ceremony as evidence of the name change. 

All name change requests facilitated through USCIS will require you to take the oath of allegiance at a judicial ceremony, rather than an administrative one. As far as possible delays, USCIS has little control over the judicial ceremony calendar. However, most courts are very supportive in accommodating the need for naturalization ceremonies.

*Please note that the queries have been put together and edited by the Economic Times to address similar questions at once and that the answers are clear and relevant to the audience.

1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee. 

You seem to be referring to a visa denial under Immigration and Nationality Act, section 214(b).

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you did not overcome the presumption of immigrant intent required by law by sufficiently demonstrating that you have strong ties to your home country. Such ties are seen as a reason you will not be tempted to exceed your allowed stay in the USA.

When your spouse is already in the US, your ties to your home country are difficult to demonstrate. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. Note that visas like H-1, H-4 (if your spouse gets an H-1), and L-1 are immune from this problem. So, when your wife obtains an H-1B status, or you can qualify for an L-1 visa, you should not have the section 214(b) denials impede your visa.

2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?

Because of the resurgence of the pandemic and a huge backlog of cases, it is unlikely we will see an immediate resolution of the delays. But consulates have indicated that give preference to families of immediate relatives, like parents, of US citizens. Also, the US consulates have started waiving some nonimmigrant visa interviews, which should streamline their operations for green cards as well.

3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?

I am not sure what type of visa your daughter has, but your choice appears to be the same as for any other foreign national, a B visa. The consulates usually issue a B-1/B-2 visa or a B-1 visa for medical issues and attending family members.

4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?

You will have to apply for her tourist visa again.

5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.

It appears that the continuity of your stay required for naturalization has been broken by an absence of one year. An absence from the United States for a continuous period of 1 year or more (365 days or more) will automatically break the continuity of residence. It appears you could apply after 4 years and one day after returning, or easier, 4 years and 6 months after returning. The USCIS provides the following example for your situation:

“An applicant for naturalization under INA 316 departs the United States on January 1, 2010, and returns January 2, 2011. The applicant has been outside the United States for exactly 1 year (365 days) and has therefore broken the continuity of his or her residence in the United States. The applicant must wait until at least January 3, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to January 3, 2010. At that time, although the applicant will have been absent from the United States for less than 1 year during the statutory period, the applicant will still have been absent from the United States for more than 6 months (180 days) during the statutory period and may be eligible for naturalization if he or she successfully rebuts the presumption that he or she has broken the continuity of her residence.

If the applicant cannot overcome the presumption of a break in the continuity of his or her residence, the applicant must wait until at least July 6, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to July 6, 2010. During the 5-year period of July 6, 2010 to July 6, 2015, assuming the applicant did not make any additional trips outside the United States that would cause USCIS to presume a break in continuity of residence, the applicant was only absent from the United States between July 6, 2010 and January 2, 2011, a period that is not more than 6 months. Therefore, no presumption of a break in continuous residence applies.”

You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.

Watch the Video on this FAQ:

Citizenship/naturalization trips of more than six months abroad

Video Transcript:

 I do not think the previous trip should be a major issue, but I do recommend you discuss with your lawyer about your visits abroad prior to 2013. FAQ in detail...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch the Video on this FAQ:

Citizenship for employees of consulting companies

who have projects in different cities after green card

Video Transcript

First of all, remember the laws has changed since 2017. Now supplement J has become an issue. Previously, when you did a AC21 shift of jobs, there were no filings required. So in older cases even if you don't join the employer, chances are that you are in a pretty good shape. Another thing that I always consider to be important and it often doesn't come up is your state of mind. Green card is based upon an intention of an employee to join an employer on a permanent full time basis either before or after the approval of the green card. I do want you to take a consultation and I want you to spend some time with a lawyer to go over your situation and make sure there's nothing else that's going to be bothersome. More...

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Watch the Video on this FAQ - Effect on green card and naturalization of using public or government benefits

Video Transcript:

Under the current regulations the prohibited benefits are: 

1. they have to be means-tested benefits which means they are based upon how much money you make. 

2. either they must be used to supplement your income like receiving some kind of a cash or cash equivalent or they should be giving you a long term medical facility residence. You can look up for the particular policy at the USCIS website.

You should have a lawyer research this issue for you specifically, but there is no need for you to hold back your naturalization. More...

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Watch the Video on this FAQ: How to add forgotten information on to a naturalization application/N-400?

Video Transcript

The first thing you should do is contact the customer service. Let them know you got this issue and make a note of the date and time you called and to whom you spoke so that you have a record that you tried to correct the situation as soon you discovered the omission. The second thing you do is put it in writing, send it to the government, whichever address you filed the N-400 or whichever address you received the last response from the government and inform them what the issue is and the third thing you do is when you go for the interview bring it up yourself, let the officer know that there is some information missing and you would like that to be corrected. If you do all of these things I think you should be fine. More...

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The law says:

1. Generally, you must have been physically present and residing in the United States for an uninterrupted period, without any absences, for at least one year after your admission as a lawful permanent resident before you can file Form N-470.

2. You do not have to be in the United States to file Form N-470, but you must file it before you have been absent from the United States for a continuous period of one year.

Religious Workers Exception to the One Year Absence Requirement

Religious workers may apply:

1. Before departing from the United States;

2. After departing from the United States; or

3. After returning to the United States.

Religious workers are not required to have lived in the United States for a specific period of time prior to filing Form N-470.

Watch the Video on this FAQ: Effect of a speeding ticket on green card or naturalization/citizenship

Video Transcript

If you have a traffic violation which is not a crime such as speeding, but not reckless driving, speeding but not driving while intoxicated these traffic offenses are no issue for a green card. But if you get too many of them like if you get ten speeding tickets in a couple of years that can become an issue for your naturalization because the government says you are irresponsible as it is a question of your good moral character which is a requirement for naturalization. Hence, generally speaking, a single ticket is no problem. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch the Video on this FAQ: Denial of naturalization/citizenship applications - the new trend

Video Transcript

Under the Trump administration, I am noticing there has been a much higher incidence of naturalization applications getting denied for some. Some of them are very odd reasons. I will discuss three cases so that you folks can share and be mindful before you file naturalization application. 

One was an employee who had been a green card holder for six or seven years and applied for naturalization and government denied his naturalization saying that when we approved your I-485 we should not have approved it because you were working in a place where you were not authorized to work without getting a proper amendment back in 1998. So, they have gone back so many years to say that because of that your green card was approved in error. According to them, It should not have been approved and they were not going to give naturalization. The interesting thing is that I had told them that I had represented the company that was being hauled up for fraud only to the extent that I wanted to negotiate upon the employer’s request with the US attorney's office so that the employees don't get hurt because none of the employees was implicated in any of the allegedly fraudulent dealings. But I was not able to convince the USCIS. We could get the US Attorney's office on our side and make them see that these employees do not need to suffer. So, the result is several years later somebody’s notice is being denied.  The problem being if USCIS can deny naturalization by stating there was an error in the green card application they can also go after the green card. That could be the next logical step and that's what worries me and that's highly unfair. Of course, we are going to take up the case and fight it for these folks. 

The second case being the employer signed a Form 9089. According to the government that was fraudulent because they failed to disclose the relationship of the employee with the CEO of the employer.  The lawyer had told them that this is a far-removed relationship it’s not immediate family so you can say “no” to the Form 9089 question where it says, “are you related to the employee under the green card process” and they said “no” and their notice is being denied because government says you lied on that form. Again, we would be able to fight this case.

The third case is order. People have lived here for 15 to 17 years. Everybody in the family is a citizen, the lady of the house who is not a citizen yet applied for naturalization but in the meantime, husband got a great temporary job offer outside the United States and the government says you are going to lose your green card. They have just moved recently and I don't see how they can do that. I don't see how it is questionable, and it is outrageous, but we must be prepared for the new paradigm of immigration law. 

So, when you go for naturalization I strongly advise you to please discuss your background with a competent counsel. More...

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Watch Video on this FAQ: Reentry permit to preserve green card and extensions

Video Transcript

I think it is ok. You can get him a green card and then do a re-entry permit if you feel that's appropriate and if he loses his green card then he loses it. That's ok, you can always reapply again. If you have something to file, please go ahead and file it and don't wait up for it. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch Video on this FAQ: The best methods for spouse of a green card holder to enter the USA

Video Transcript

As there is a gap between when you apply and when they can actually get some kind of a legal status it can be several years, so it becomes problematic for spouses of green card holders to stay outside the USA for that long. One option would be, if you in the interim become eligible for citizenship you can then upgrade the pending case of the spouse of a US citizen from the spouse of a green card holder. The other option is to get into a situation like H-1 or L-1 where a pending green card application doesn't matter. Even O-1 or E-1, E-2, E-3 visas. A tourist visa, student visa or a J visa would be a difficult option while a green card is going on, but not impossible. It is quite difficult to get those visas because they require nonimmigrant intent. More...

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1. You have to be a US citizen to sponsor her Green card. For Green Card holders as I recall the only family other than the children and wife they can sponsor is unmarried adult children over 21 but unmarried you can apply for their Green Card. Once you become US citizen your possible beneficiaries can be larger including your parents. There is little-known provision that is sometimes used, use it if it's necessary when let say your parents they don't have anybody in India to take care of them. We have been able to extend their tourist visa in those cases, stay in tourist visa even though you are on Green card we can try to make an argument that there is nobody in India to take care of them. This provision is not very clear cut in cases of holders of Green Card but believe it or not if you are on non-immigrant visa like student or H-1 visa or O-1 or B-1 any of those visas or L-1, you actually have more rights to bring your parents here. The reason being that there are certain categories of visas where people are not directly dependent and you cannot sponsor them for derivative visas but government recognizes that we will give you an extension of tourist visas. So if you are here on H-1 and you wanted to bring your mother here because she is alone in India, you could actually do her because she can't get her H-4 being your mother, she can still get B-1 or B-2 which can be extended because she is recognized or covered under those situations. However, Green card holders they don't have same privilege but you can be able to get their extension sometimes. It's not the full proof method for me wait until you get naturalization. Once you are naturalized, your parents can be here within a year on a Green Card.

2. I have done it repeatedly, every six months we have to do it, there are some people who are in 3rd, 4th or 5th year we are doing repeatedly for them. But it's not or no means it should be taken as given or guaranteed rule. 

Pay your taxes, don't default on your taxes, try not to get too many traffic tickets. If you get few that's OK, but if you get too many that can be ground for troubles. Don't get into any criminal plot, as you can lose your Green Card if you have a felony conviction. There are other things that can hurt your Green Card like DUI more than one or two of them then you can get into trouble. So, as long as you are like regular people I don't think there is anything to worry about.

Watch the Video on this FAQ: Joining an employer after green card approval

Video Transcript

You not only were first working for this employer then you went to Canada, you were never out of status, then you came and joined the same employer after three months and actually you continued working for them. I don't think it is a problem. I don't think it will be a problem for your naturalization either. More...

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Watch the Video on this FAQ: How long can a US Citizen stay outside the USA

Video Transcript

As long as you like. You could stay outside for thirty years and never come to the USA. You will still be a US citizen. Green card holders don't have that benefit, but US citizens do.

More...

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Watch the Video on this FAQ: Traveling after applying for naturalization/citizenship pending

Video Transcript:

1. That's not a problem.

2. Sure.

3. As long as you appear for biometrics or request that biometrics has been scheduled, I don't see any problem. 

4. I don't think that matters either.

5. No, it is not needed, as long as your taxes are paid up I don't see any problem.

6. I don't think three weeks absence is going to cause a problem in the domicile requirement. But if you want to be overly cautious, you can come back and stay extra three weeks before you apply. 

More...

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Watch Video: Canadian citizen (or any person) getting married to a US green card holder

Video Transcript:

1. The answer is No. Canadian citizens are not allowed to stay in the US indefinitely. They are allowed to come in without visas for most things except E-2. 

2. Yes of course.

3. The answer is No but NAFTA visa also known as a TN visa is very difficult if you already have a green card pending or your spouse is a US green card holder. I think what makes sense is probably a H-1 or L-1 type of visa which is not subject to the problems that are normally associated with the filing of a green card or they can wait outside for the green card to be processed. They may be allowed in as long as they are completely upfront about it. When you come to the border as a Canadian citizen and you are going to visit your spouse who is a green card holder you should tell them that's what you are going for. You should not say you are going just for a casual visit. 

If you are traveling in the Western Hemisphere (Canada, Mexico, Caribbean, Central and South America):

Air Travel:  All U.S. citizens departing from or entering the United States from within the Western Hemisphere by air are required to present a valid passport or NEXUS card (if utilizing a NEXUS kiosk when departing from a designated Canadian airport). Merchant Mariner Document (for U.S. citizens on official maritime business.) U.S. Military identification card when traveling on official orders;   Note that children are also required to present their own passport when traveling by air.

Land or Sea Travel:  U.S. citizens entering the United States by land or sea are required to present a valid WHTI-compliant document, which include:

• U.S. Passports
• U.S. Passport Cards
• Enhanced Driver's Licenses
• Trusted Traveler Cards (Global Entry*, NEXUS, SENTRI, or FAST)
• Military Identification Cards (for members of the U.S. armed forces on official orders)
• U.S. Merchant Mariner Document (for U.S. citizens on official maritime business)

*The Global Entry (GE) card is only an ENTRY document and may not be used to enter Canada, Mexico or Adjacent Island.

Military personnel traveling under orders may present photo ID and orders.  Family members must present a passport (with the exception of children 15 and younger arriving by land or sea.)

Children:  U.S. citizen children ages 15 and under arriving by land or sea from a contiguous territory may present an original orcopy of his or her birth certificate (issued by the Vital Records Department in the state where he or she was born), a Consular Report of Birth Abroad, or a Naturalization Certificate.  If the child is a newborn and the actual birth certificate has not arrived from the Vital Records Department, the center will accept a Hospital issued birth certificate.

Groups of Children:  U.S. citizen children between the ages of 16-18 arriving by land or sea from contiguous territory and traveling with an adult supervised school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate.

For documentation requirements regarding cruises see  Frequently Asked Question "What Documents do I need for Cruises"

Hi Loay. Times are highly variable from a few weeks to a few months. Expedites are only granted for showing of some sort of urgent humanitarian situation in cases like yours. We would like to help, but I am not sure we can add much value at this stage. Contact us if there are any issues (other than timing). 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript:

This is one thing very common in many cases. The issue of applying for a green card, when you are visiting on a tourist visa or even converting a tourist visa to H-1, L-1 and student visa is always a problem.

When you try to do that the government can bring the issue that when you entered USA on a tourist visa it was your intention to convert to a long term status which is illegal according to the government. There is actually a 30 - 60 day rule which says if you enter on a tourist visa and you changed to a longer term visa and status within 30 days of entry, will presume it that you had a preconceived intention to do so. That can be considered to be a fraud and if you’re not able to rebut that fraud presumption that can become a permanent bar from entering the USA.

So if you try to change statuses in 30 days of entry and if you do it within 60 days they can still question it but there is no automatic presumption. If you do after 60 days they may not question. But remember even if you try to change status after 60 days you can be questioned by USCIS, CBP or even consulates about your intention. So when your parents are visiting it is important that they don’t have an intention to apply for a green card when they enter on a tourist visa. If after staying here for 3-5 months it so happens that their intention changes I don’t see any problem with that. Remember you the child, you the son or the daughter what your intentions is I do not care but your parents should not have the intention to convert into green card. If they arrived with the preconceived intention to change to green card they can have a problem. So don’t let them have that intention. After a few months if they are living here and you are able to convince them to file their green card then I think that’s ok.

As for the question regarding birth certificate it should not be an issue because having the maiden name is common in USA as well as India. That should be ok even though her passport contains her married name and her birth certificate contains her maiden name. Under Indian laws - under Hindu Marriage Act you are not required to have any marriage certificates when you are going through a religious marriage. It only has to comply with the laws of that religion. Having a marriage certificate under religious laws is not required.

Regarding marriage certification you can get affidavits from two people who attended the marriage. 

As for the question about your father not having a birth certificate you do need to get a certificate of non availability from the place he was born. There is no particular format to the certificate of non availability. All it has to say is that they have looked at the records. When you have that you can get affidavits of two people who were alive when you father was born. So certificate of non availability combined with two affidavits will be required.

Siblings Green Card is like  planting mango trees, in India we used to have saying that mango trees takes so  long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card. However  leaving the option of Green Card filing  you could look at the things like  sponsoring her for her student visa if she wants to study or if she is an professional  or intent to be professional soon she can come on H-1 or L-1 visa, like other people  do. f you have money you can gift her half a million or million dollar depending upon what kind of money you have  that you can invest in her. So Investment visa could be an option but  there is no way you can expedite sibling green Card.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=556

FAQ Transcript

When you have this length of delay for two years the best thing to do is first approach your congressman’s office. Go to https://www.congress.gov/ enter your zip code and it tells you who your house of representative members are and who your senator is. Contact either one of them. Send a letter to the representative and tell them you live in their area and you are a constituent and you have a pending naturalization application that has been stuck for two years. If they are not able to resolve it get yourself a lawyer and file for a law suit. Normally I don’t recommend a law suit but when naturalization applications have been delayed so long a law suit is a good bet.

This issue has been coming up more frequently in family-based immigration petitions than it ever did before. The way it currently works is, the RFE will tell you which web site you can go to to get a list of USCIS approved labs. You can call the lab. They will arrange to have the DNS sample collected in India from your parents and from you here in the USA. You send the lab a copy of the RFE. They will send the results directly to USCIS. 

All U.S. citizens, even dual citizens/nationals, must enter and depart the United States using his/her U.S. passport.

This is likely to be a long discussion. My bottomline recommendation: let your husband obtain his naturalization first. Thereafter you apply for yours. If something goes wrong, his naturalization gets you another green card right away, without ever leaving the USA.

A Social Security number is important because you need it to get a job, collect Social Security benefits and receive some other government services. Many other businesses, such as banks and credit companies, also ask for your number.If you are a noncitizen living in the United States, you also may need a Social Security number. For more information, see Social Security Numbers For Noncitizens (Publication No. 05-10096). If you are temporarily in the United States to work, see Foreign Workers and Social Security Numbers (Publication No. 05-10107).

How do I get a number and card?

To apply for a Social Security number and card:

• Complete an Application For A Social Security Card (Form SS-5); and

• Show the original documents or copies certified by the issuing agency proving:

—U.S. citizenship or immigration status [including Department of Homeland Security (DHS) permission to work in the United States];

—Age; and

—Identity.

Then, take or mail your completed application and documents to your local Social Security office.

Citizenship or immigration status: 

The center accepts only certain documents as proof of U.S. citizenship. These include a U.S. birth certificate, a U.S.passport, Certificate of Naturalization or Certificate of Citizenship. If you are not a U.S. citizen, Social Security will ask to see your current U.S. immigration documents. Acceptable documents include your:

• Form I-551, Permanent Resident Card (green card, includes machine-readable immigrant visa with your unexpired foreign passport);

• I-94, Arrival/Departure Record, with your unexpired foreign passport; or

• I-766, Employment Authorization Card (EAD, work permit).

International students must present further documentation. For more information, see International Students And Social Security Numbers (Publication No. 05-10181).

Age: You need to present your birth certificate. (If one exists, you must submit it.) If a birth certificate does not exist, Social Security may be able to accept your:

• Religious record made before the age of 5 showing your date of birth;

• U.S. hospital record of your birth; or

• Passport.

Identity: Social Security can accept only certain documents as proof of identity. An acceptable document must be current (not expired) and show your name, identifying information and preferably a recent photograph. Social Security will ask to see a U.S. driver's license, state-issued nondriver identification card or U.S. passport as proof of identity. If you do not have the specific documents asked for, Social Security will ask to see other documents including:

• Employee ID card;

• School ID card;

• Health insurance card (not a Medicare card);

• U.S. military ID card;

• Adoption decree;

• Life insurance policy; or

• Marriage document (only in name change situations).

All documents must be either originals or copies certified by the issuing agency. Social Security cannot accept photocopies or notarized copies of documents. Social Security may use one document for two purposes. For example, Social Security may use your U.S. passport as proof of both citizenship and identity. Or, Social Security may use your U.S. birth certificate as proof of age and citizenship. However, you must provide at least two separate documents.

Social Security will mail your number and card as soon as they have all of your information and have verified your documents with the issuing offices.

What does it cost?

There is no charge for a Social Security number and card. If someone contacts you and wants to charge you for getting a number or card, please remember that these Social Security services are free. You can report anyone attempting to charge you by calling our Office of the Inspector General hotline at 1-800-269-0271.

Are there different types of cards?

Social Security  issues three types of Social Security cards. All cards show your name and Social Security number.

• The first type of card shows your name and Social Security number and lets you work without restriction. Social Security issue it to:

—U.S. citizens; and

—People lawfully admitted to the 

United States on a permanent basis.

• The second type of card shows your name and number and notes, “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” Social Security issues this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work.

• The third type of card shows your name and number and notes, “NOT VALID FOR EMPLOYMENT.” Social Security issues it to people from other countries:

—Who are lawfully admitted to the United States without work authorization from DHS, but with a valid nonwork reason for needing a Social Security number; or

—Who need a number because of a federal law requiring a Social Security number to get a benefit or service.

How do I get my child a Social Security number?

It is a good idea to get the number when your child is born. You can apply for a Social Security number for your baby when you apply for your baby’s birth certificate. The state agency that issues birth certificates will share your child’s information with us. Social Security will mail the Social Security card to you. Or, you can wait and apply at any Social Security office. If you wait, you must provide evidence of your child’s age, identity and U.S. citizenship status. If you are filing an application on behalf of someone else, you must show us evidence of your relationship to, or responsibility for, the person for whom you are filing. You also must show us proof of your identity. Social Security must verify your child’s birth record, which can add up to 12 weeks to the time it takes to issue a card. To verify a birth record, Social Security will contact the office that issued it.

Anyone age 12 or older requesting an original Social Security number must appear in person for an interview, even if a parent or guardian will sign the application on the child’s behalf.

Adoption: Social Security can assign your adopted child a number before the adoption is complete, but you may want to wait. Then, you can apply for the number using your child’s new name. If you want to claim your child for tax purposes while the adoption is still pending, contact the Internal Revenue Service for Form W-7A, Application for Taxpayer Identification Number for Pending U.S Adoptions. For more information, see Social Security Numbers For Children (Publication No. 05-10023).

What if my name changed?

If you legally change your name because of marriage, divorce, court order or any other reason, you need to tell Social Security so that you can get a corrected card. If you are working, also tell your employer. If you do not tell us when your name changes, it may:

• Delay your tax refund; and

• Prevent your wages from being posted correctly to your Social Security record, which may lower the amount of your future Social Security benefits.

If you need to change your name on your Social Security card, you must show us a document that proves your legal name change. Documents Social Security may accept to prove a legal name change include:

• Marriage document;

• Divorce decree;

• Certificate of Naturalization showing a new name; or

• Court order for a name change.

If the document you provide as evidence of a legal name change does not give us enough information to identify you in our records or if you changed your name more than two years ago (four years ago if you are younger than age 18), you must show us an identity document in your old name (as shown in our records). Social Security will accept an identity document in your old name that has expired.If you do not have an identity document in your old name, Social Security may accept an unexpired identity document in your new name, as long as Social Security can properly establish your identity in our records.

Citizenship: Also, if you are a U.S. citizen born outside the United States and our records do not show you are a citizen, you will need to provide proof of your U.S. citizenship. If you are not a U.S. citizen, Social Security will ask to see your current immigration documents.

Your new card will have the same number as your previous card, but will show your new name.

How do I make sure my records are accurate?

Each year your employer sends a copy of your W-2 (Wage and Tax Statement) to Social Security. Social Security compares your name and Social Security number on the W-2 with the information in our files. Social Security add the earnings shown on the W-2 to your Social Security record.It is critical that your name and Social Security number on your Social Security card agree with your employer’s payroll records and W-2 so that Social Security can credit your earnings to your record. It is up to you to make sure that both Social Security’s records and your employer’s 

records are correct. If your Social Security card is incorrect, contact any Social Security office to make changes. Check your W-2 form to make sure your employer’s record is correct and, if it is not, give your employer the accurate information.

You also can check your earnings record on your Social Security Statement. The Statement is available online to workers age 18 and older. 

To review your Statement, go to www.socialsecurity.gov/myaccount and create an account.

What if my immigration status or citizenship changed?

If your immigration status changed or you became a U.S. citizen, you should tell Social Security so Social Security can update your records. To get your immigration status or citizenship corrected, you need to show documents that prove your new status or citizenship. Social Security can accept only certain documents as proof of citizenship for new and replacement cards. These include your U.S. passport, a Certificate of Naturalization or a Certificate of Citizenship. If you are not a U.S. citizen, Social Security will ask to see your current immigration documents.

What if my card is lost or stolen?

You can replace your card or your child’s card for free if it is lost or stolen. However, you are limited to three replacement cards in a year and 10 during your lifetime. Legal name changes and other exceptions do not count toward these limits. For example, changes in noncitizen status that require card updates may not count toward these limits. Also, you may not be affected by these limits if you can prove you need the card to prevent a significant hardship.To get a replacement card, you will need to:

• Complete an Application For A Social Security Card (Form SS-5);

• Present an unexpired original document with identifying information and preferably a recent photograph that proves your identity;

• Show evidence of your U.S. citizenship if you were born outside the United States and did not show proof of citizenship when you got your card; and

• Show evidence of your current lawful noncitizen status if you are not a U.S. citizen.

Your replacement card will have the same name and number as your previous card.

How can I protect my Social Security number?

You should treat your Social Security number as confidential information and avoid giving it out unnecessarily. You should keep your Social Security card in a safe place with your other important papers. Do not carry it with you unless you need to show it to an employer or service provider.Social Security do several things to protect your number from misuse. For example, Social Security requires and carefully inspect proof of identity from people who apply to replace lost or stolen Social Security cards, or for corrected cards. One reason Social Security do this is to prevent people from fraudulently obtaining Social Security numbers to establish false identities. Social Security maintains the privacy of Social Security records unless:

• The law requires us to disclose information to another government agency; or

• Your information is needed to conduct Social Security or other government health or welfare program business.

You should be very careful about sharing your number and card to protect against misuse of your number. Giving your number is voluntary even when you are asked for the number directly. If requested, you should ask:

• Why your number is needed;

• How your number will be used;

• What happens if you refuse; and

• What law requires you to give your number.The answers to these questions can help you decide if you want to give your Social Security number. The decision is yours.

Contacting Social Security

For more information and to find copies of our publications, visit our website at www.socialsecurity.gov or call toll-free, 1-800-772-1213 (for the deaf or hard of hearing, call our TTY number, 1-800-325-0778). Social Security treat all calls confidentially. Social Security can answer specific questions from 7 a.m. to 7 p.m., Monday through Friday. Generally, you’ll have a shorter wait time if you call during the week after Tuesday. Social Security can provide information by automated phone service 24 hours a day.Social Security also want to make sure you receive accurate and courteous service. That is why Social Security have a second SocialSecurity representative monitor some telephone calls.

USCIS has said that its policy is to refer an applicant for naturalization who is removable to a prosecutorial discretion panel.  All factual and legal circumstances of the applicant’s case are considered.  Adjudication of the naturalization application is held a decision is made to issue or not to issue the Notice to Appear (NTA).  If the NTA is issued, the naturalization adjudication continues to be held until the removal proceedings have concluded.  Withdrawing an N-400 would remove the case from the panel’s consideration process.

It is unlikely that the Atlanta District Office will resume swearing-in applicants on the same day as the N-400 interview, aside from customers who come from Alabama or at least four hours away, who CIS makes every effort to swear in the same day due to the distance traveled for the interview. It is unable to do so for applicants who live closer to the local office because the room where oath ceremonies are conducted isn’t large enough to accommodate the number of applicants being interviewed per day. Currently, USCIS is having two ceremonies a day (in the morning and again in the afternoon) and is holding additional ceremonies on Fridays and at the National Archives. This has helped but it’s not a perfect solution. USCIS also has to consider the quality review checks that must be done for each case before an applicant can be sworn in. It found that the quality review was too rushed when swearing in applicants the same day, so it continues to explore options for balancing the volume of cases, the desire of customers to be naturalized as soon as possible, and the agency’s internal needs.

Review of the underlying adjustment of status is not a new policy. Officers have always had the authority to look back at the underlying adjustment, at any time, and doing so is not a new process.

The preferred way is to advise the officer at the N-400 interview. This can be communicated to the CIS after the fact, but the preference and best way is to notify the officer at the time of the interview. In addition, if the applicant is requesting a name change, the oath ceremony/naturalization must be done by a federal court.

USCIS would submit the case to Immigration and Custom Enforcement (ICE) counsel for determination.

It might.  If Immigration and Custom Enforcement (ICE) counsel proceeds with denaturalization and is successful, removal proceedings may be instituted.

If USCIS determines that an applicant for naturalization was not eligible to naturalize, the evidence is obtained and submitted to Immigration and Custom Enforcement (ICE) counsel for determination of denaturalization.

These applications are decided on a case-by-case basis.

Yes you can. Having the same last name is not required.

1.5 years out of the last three and you must move back to USA before applying.

Read the instructions on Form N-400.

Since you have been out of USA for more than one year, you will be eligible for naturalization only after 4 years and 1 day after you come back to live in USA.

I generally discourage people from applying for a green card while they are here on a visa waiver type visa/entry. Call USCIS customer service for a list of the forms you will need. Generally speaking, these are relatively easy cases and should not require a lawyer.

It is the date of approval that counts. For your son, read the instructions on the Form N600. That should tell you what you need to do.

I believe this can be a problem. You should speak with a lawyer. You will need to establish that the failure to register was inadvertent, not intentional.

Generally speaking, USCIS looks at the last five years preceding the application, but they CAN go back as long as they wish for adjudicating good moral character. My guess is, you should be fine.

If he was out of USA for more than one year at any one time, the reentry permit will allow him to file after 4 years and 1 day from re-establishing domicile in USA.

From what you have described it does not appear you have a criminal conviction. Nevertheless, in my view, you should get yourself a local lawyer to assist you with the naturalization process.

Temporary absence of three months while your citizenship application is pending should not pose a problem as long as you remain a permanent resident of USA.

I am assuming she has been a green card holder for 5 years the form is N-400.

The burden of proof is placed on you. USCIS can deny an application where proof is insufficient. For entry/exit, I would recommend an affidavit from you giving the best possible approximation. The tickets - go back into your driving record at the DMV and see what you can pull from there.

Thanks for your kind comments about our web site. You can apply, but USCIS can certainly make an issue about the misdemeanor. You may want to retain a local lawyer.

I see no problem with the visits - they were all less than 6 months. I think it should be ok. It is difficult to estimate how long it will take.

As far as I know they rely upon your passport and their own entry-exit records through Form I-94 system. This situation is common and can be corrected by supplying affidavits from applicants along with any other evidence you may have.

May be Section 245(i) can help. Call and check with your mom's lawyer. Also explore the fact that you are married to a US citizen.

They can do a lot of things, and often do, even things that are unreasonable. If you feel the decision is in error, contact the consulate through your Congressman.

Because you are a US Citizen, there could be waivers available for offenses committed by spouse. You may want to check first with the US consulate in the country where you are living.

I see no reason to wait.

1. I don't have a work order or client letter to support my H1B extension which is expiring on 2nd June. Is it legally not allowed to file for H1B extension without this or to avoid RFE one need to support extension with this.

Ans. USCIS has criminalized civil conduct. To my amazement, I saw a criminal indictment count against an employer (Vision Systems - recently in the news) alleging that to obtain H-1 without a specific job in hand is a crime. I think this is ludicrous overreaching and misuse of law. Nevertheless, it is not a good idea to file an H-1 unless there is a specific job in hand.

2. My labor and I-140 is approved but if H1B extension is denied then I have to go back to Inida. Can GC processing be continued? If yes, In order to maintain my GC processing how quickly do I need to come back to US? What other options do I have in this scenario?

Ans. The green card can go on in your absence, but I am concerned that USCIS may consider that since there is no permanent job available, the green card should be canceled. To the best of my knowledge, they have never done it so far and may not do it, but the risk remains. Not much I can say other than if you dont have a choice then you have to leave and we will deal with other issues when (or if) they arise.

 A1. I see no problem with this nor do I see any red flags.

A2. Sure. Why not. Permanent does not mean forever.

A3. Not at all.

A4. Nothing else I can think of.

A1. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.

A2. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

A3. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.