Immigration and Citizenship – Misconceptions

Dawn Garcia is an immigration attorney advising clients in the Nashville area.  Immigration laws are complex, creating many citizenship process misconceptions. If you have incorrect information about the citizenship application or tests, you may not reach your goal of becoming a U.S. citizen. Here are some common misconceptions Dawn has seen in her Nashville immigration practice. 

Citizenship Application – Misconceptions

One widespread immigration misconception is that no citizenship application is required if a foreign citizen marries a U.S. citizen.

This is false. Immigrant spouses of U.S. citizens must go through the same citizenship process as other immigrants, including filing an application and taking the citizenship test. The marriage will give a foreign citizen an immediate eligibility to apply for a “green card,” a.k.a., Legal Permanent Residency, which enables him to live and work in the U.S. This is usually the most lengthy step of the process.  However, after becoming a Permanent Resident, he must still proceed with the naturalization process for full citizenship by filing an application and taking the test. A Permanent Resident married to a U.S. citizen may apply after three years of continuous permanent residency. All others must wait 5 years to apply for naturalization. A related misconception is that a foreign citizen is exempt from filing a U.S. citizenship application if he has a child who is a U.S. citizen.  This is not true.  A child cannot file a visa request on behalf of a parent until the child turns 21. The parent must still file a citizenship application and pass the test.

Citizenship Test – Misconceptions

Many misconceptions surround exemptions for the citizenship test.  One common myth is that there are exemptions for old people, or for those who have already passed a high school or college level test in U.S. history.  Neither of these is true.  On rare occasions a medical excuse is granted excusing a citizenship applicant from the test, but this is not for age. Previous high school or college tests do not suffice in place of the citizenship test.

Another common misconception is that you become a citizen immediately upon passing the test. In fact, you do not become a citizen by virtue of passing the citizenship test.  There are additional steps in the immigration process, including the citizenship interview, and a final oath ceremony. Dawn Garcia can correct common immigration misconceptions for Nashville area immigration clients and steer them through the immigration process.

Please contact Dawn Garcia Law Firm for citizenship and immigration help or call 866-654-7255.