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Is A Lawful Permanent Resident Able To Apply For US Citizenship?


Lawful permanent residents are eligible to apply for US citizenship. There are different processing time frames for employment-based immigration, as opposed to other types such as family based. An individual must have an employment-based green card for five years before they are eligible to apply for US citizenship. They may file their citizenship application as early as 90 days before the fifth year anniversary of receiving their green card.

If A Lawful Permanent Resident Applies For A Green Card, Are They Required To Give Up Their Citizenship?

Naturalized US citizens are always citizens of their home countries at the time they apply for US citizenship. While the US allows for dual or multiple citizenships, an individual’s home country may not allow it. Japan is one country that does not allow dual citizenship. Many Japanese clients do not apply for US citizenship, as they are ultimately unwilling to lose their Japanese citizenship. Most countries allow for dual citizenship. For example, if someone were originally from Great Britain, they could be citizens of both Great Britain and the United States. However, there is some question about what could happen if an individual were to apply for another citizenship after becoming a naturalized US citizen. If they went through the process of obtaining another citizenship after they were naturalized in the US, then do they really want their US citizenship? The US government may interpret this as the individual not wanting their US citizenship, and they would have the right to revoke it. Though I have never seen this, it is theoretically possible.

Can An I-140 Petition And I-485 Adjustment Of Status Application Include Spouse And Dependent Children?

An I-140 petition is an employer’s petition for an employee, not for their spouse or dependent children. The issue of the spouse and dependent children being eligible for a green card only arises with the I-485 adjustment of status application, which is when the individual applies for the actual green card. Beneficiaries of an approved I-140 petition are able to include his or her spouse and children when an I-485 application for adjustment of status is filed. After this application is approved, the individual’s spouse and children can file their own adjustment of status application.

Can Spouses Or Dependent Children Apply For Employment Authorization In The US?

After an employment-based green card petition is filed, that individual is able to apply for an I-485 adjustment of status, as soon as their priority date has been reached. At that time, their spouse and children may also file I-485 adjustment of status applications. Government filing fees must be paid with each application, with fees for children being dependent on their age. After the filing fees are paid, applicants are can apply for employment authorizations and advance parole travel documents while they wait for their green cards. They will no longer need their employment authorization or advance parole documents after they receive their green cards, as the abilities to work and travel are inherent in the green card itself. Those documents are only necessary while individuals are waiting for their green cards.

For more information on Applying For US Citizenship, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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