Frequently Asked Questions

I have been convicted of a crime, may I still apply for US citizenship?

Applicants are required to show good moral character.  Certain convictions may adversely affect one’s ability to show good moral character.  In some instances, applicants are not able to demonstrate good moral character when they engage in certain criminal conduct even if no conviction or charge was obtained against them.  The determination whether one is prevented for naturalizing due to a crime depends on the nature, severity and circumstances surrounding the criminal conduct.  In order to evaluate the impact of a charge or conviction on a potential citizenship petition, an immigration attorney is likely to review all documents relating to the charges and conviction as well as copies of the court file.

I have an H-1 B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?

Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ. Is a "dual-resident taxpayer" the same as a "dual-status taxpayer"?' No. A dual-resident taxpayer is one who is a resident of both the United States and another country under each country's tax laws. You are a dual-status taxpayer when you are both a resident alien and a nonresident alien in the same year.

Must My Spouse Also Attend the Marriage Green Card Visa Interview with Me?

Yes. The USCIS typically requires that your spouse be present at the interview. If your spouse is unable to attend, it is good practice to explain the reasons in writing, submit supporting evidence and request that the interview be rescheduled so that your spouse may attend at a later date.

How early can I apply for Citizenship/Naturalization?

An application for naturalization may be submitted 90 days earlier than the date on which the applicant meets the continuous residence requirement. As such, those who seek to apply based on marriage to a U.S. citizen may submit the application after 2 years and 9 months. Other applicants may submit the petition after 4 years and 9 months.

I am a nonresident alien and invested money in the U.S. stock market through a U.S. brokerage company. Are the dividends and the capital gains taxable? If yes, how are they taxed?

The following rules apply if the dividends and capital gains are not effectively connected with a U.S. trade or business. Capital gains are generally not taxable if you were in the United States for less than 183 days during the year. Dividends are generally taxed at a 30% (or lower treaty) rate. The brokerage company or payor of the dividends should withhold this tax at source. If tax is not withheld at the correct rate, you must file Form 1040NR to receive a refund or pay any additional tax due. If the capital gains and dividends are effectively connected with a U.S. trade or business, they are taxed according to the same rules and at the same rates that apply to U.S. citizens and residents.

After My Marriage Interview, USCIS Requested More Evidence to Prove Our Marriage. What can I do?

A typical request for additional evidence must be responded to in 30 or 84 days. It is important to review the amount of time within which to respond in order to provide ample time to do so. Review our checklist of items to show a good faith marriage. If you have already submitted all of the documentation that you have but the examiner is still not satisfied and is asking for more, it is advisable to seek the help of an experienced immigration attorney if you did not retain one already. The attorney is likely to interview the couple extensively to determine whether additional information can be obtained. The attorney may also collect sworn statements from friends, family, co-workers, landlords and others to submit to the USCIS.

Do I have to register for selective service in order to qualify for citizenship?

The law requires that every male U.S. citizen or permanent resident between the ages of 18 and 26 register for selective service. Those who become citizens or permanent residents after the age of 26 are not required to register. Failure to register may result in the denial of the citizenship application based on lack of good moral character if the applicant knowingly and willfully failed to register for selective service.

I am a nonresident alien. I receive U.S. social security benefits. Are my benefits taxable?

If you are a nonresident alien, 85% of any U.S. social security benefits (and the equivalent portion of tier 1 railroad retirement benefits) you receive is subject to the flat 30% tax, unless exempt, or subject to a lower treaty rate.

My Spouse Filed for Divorce While Our Marriage Visa Was In Process, Should I Go to the Interview?

This situation needs a thorough review of the case file before a recommendation should can be made. An experienced immigration attorney will likely review the entire application, the divorce decree, other visa options available to the alien and explore whether self-sponsorship is viable under the situation. Aliens in this situation need to consult an attorney as soon as possible while different options may still be available. It is important to note however that failure to appear for the interview will likely result in a rejection of the application

Can I travel after filing my citizenship application?

Applicants for naturalization are expected to maintain their continuous residency while the petition is pending.

Do I have to pay taxes on my scholarship?

If you are a nonresident alien and the scholarship is not from U.S. sources, it is not subject to U.S. tax. If your scholarship is from U.S. sources or you are a resident alien, your scholarship is subject to U.S. tax according to the following rules. • If you are a candidate for a degree, you may be able to exclude from your income the part of the scholarship you use to pay for tuition, fees, books,A supplies, and equipment required by the educational institution. However, the part of the scholarship you use to pay for other expenses, such as room and board, is taxable. If you are not a candidate for a degree, your scholarship is taxable.

My Spouse and I Do Not Have Enough Income for the I-864 Affidavit of Support. What Can We Do?

The sponsoring spouse is required to complete and submit an I-864 affidavit of support regardless of income. To meet the public charge requirement however, income from other family household members as well as the alien count in some instances. Those couples with less than the required income may ask household members and other relatives with verifiable income to provide sponsorship as joint sponsors. Joint sponsors must complete the I-864 form and submit the required income verification and tax returns. All of the income, when combined, must also exceed the poverty guidelines considering the number of dependents that they sponsors have.

What if I am applying for Citizenship and I registered to vote, or voted unlawfully?

Please click here to read the USCIS memorandum on Procedures for Handling Naturalization Applications of Aliens Who Voted Unlawfully or Falsely Represented Themselves as U.S. Citizens by Voting or Registering to Vote. 

To see a flow chart on illegal voting and false claim to U.S. Citizenship, click here.

I am a nonresident alien. Can I claim the standard deduction?

Nonresident aliens cannot claim the standard deduction.

My Spouse Is a US Citizen, How Long is it Before I Qualify for Citizenship after I Get My Green Card?

Generally, those married to US citizens qualify for citizenship after 3 years. Please review our Citizenship/Naturalization Page for information on citizenship.

Deportation/Removal Due To Claim of Citizenship, Voting, & Document Fraud

Falsely Claiming Citizenship.

Any alien who falsely represents, or has falsely represented, him or herself to be a citizen of the United States for any purpose or benefit is deportable. INA §237 (a)(3)(D).

Waiver/Exception: However, there is an exception to this rule for certain aliens if: (1) each natural parent of the alien is or was a citizen (whether by birth or naturalization), (2) the alien permanently resided in the United States prior to attaining the age of 16, and (3) the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.

Unlawful Voters - INA §237 (a)(6).

Any alien who has voted in violation of any federal, state, or local constitutional provision, statute, ordinance, or regulation is deportable.

Waiver/Exception: An alien may fall within an exception to this rule if the following conditions are met: (1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), (2) the alien permanently resided in the United States prior to attaining the age of 16, and (3) the alien reasonably believed at the time of such violation that he or she was a citizen.

Document Fraud - INA §237 (a)(3)(C).

An alien may be deportable if they are convicted under the Immigration Nationality Act ("INA") for, among other offenses, forging, counterfeiting, altering, or falsely making any document for the purpose of satisfying a requirement of the INA or to obtain an immigration benefit.

Waiver: The Attorney General may waive this ground for deportability if: (1) The alien lawfully admitted for permanent residence, (2) if no previous civil money penalty was imposed against the alien for the offense, and (3) the offense was incurred solely to assist, aid, or support the alien's spouse or child (and not another individual). INA §237 (a)(3)(C)(ii).

 

I am a dual-status taxpayer. Can I claim the standard deduction?

You cannot claim the standard deduction allowed on Form 1040. However, you can itemize any allowable deductions.

How Long Does the Marriage Green Card Visa Process Take from Application to Approval?

This is typically difficult to predict because a lot of it depends on the workload of the USCIS. However, an estimate of 6 months to one year is fair. Sometimes, the process is completed sooner than six months. In other instances, it takes more than one year to complete. The difficulty in predicting the length of the processing time stems from the largely unpredictable schedule of the USCIS and its process. The USCIS is committed to reducing this backlog and the waiting period is likely to improve in the coming months and years.

Are there any tests that I have to complete in order to become naturalized?

Yes, applicants must pass a test to demonstrate ability to read, write and speak elementary English.  Disabled persons who are unable to pass this test may obtain and submit a statement from a health-care provider to obtain an exemption.

Applicants are tested on their ability to speak and understand the English language.  This requirement will be waived if:

• the applicants are over 50 years of age and have lived in the U.S. for 20 years subsequent to their lawful permanent resident status; or
• the applicants are over 55 years of age and have lived in the U.S. for 15 years subsequent to lawful permanent resident status. 

Applicants are also required to take a written exam regarding U.S. government and history. Applicants over the age of 65 who have been lawful permanent resident for 20 years or more may obtain special consideration. Applicants who qualify for this special consideration would only be required to take a written examination which consists of 25 questions. The applicants would be required to answer only 10 of those questions. Of those 10 questions, the applicants need to answer only 6 correctly. The test would be administered in the persons' native language.  Preparation material for this examination may be obtained at a U.S. government book store. In addition, certain schools offer preparatory courses.

I am filing Form 1040NR. Can I claim itemized deductions?

Nonresident aliens can claim some of the same itemized deductions that resident aliens can claim. However, nonresident aliens can claim itemized deductions only if they have income effectively connected with their U.S. trade or business.