United States Citizenship and Naturalization Attorney
California Permanent Residency Lawyer
California immigration attorney, Khoa Bui assists individuals who would like to become U.S. citizens. He understands the citizenship and naturalization laws, and can help you understand the process, as well as navigate through the process.
For assistance with your citizenship and help with the naturalization process, please e-mail Khoa Bui for a free case assessment. For information about our qualifications and the high level of personal attention we give every client, please visit our Firm Overview page.
U.S. Citizenship through Place of Birth
Any child born in the U.S. acquires U.S. citizenship at the birth even if the parents are not citizens, even when the child's mother was in the U.S. illegally. This benefit is not available to children born in the U.S. whose parents were foreign diplomats posted in the United States.
U.S. Citizenship through Parents
Any children who were born in a foreign country will acquire U.S. citizenship if:
They were born to parents at least one of whom was a citizen at the time of birth and who had resided in the U.S. for at least five years prior to the birth of the child and two of those five years being before the age of 14; or
Their parents were U.S. citizens and one of the parents previously resided in the U.S.; or
One of the parents of the child was a citizen before the child reached 18 years of age and that child was a legal permanent resident in the U.S. This provision also applies to adopted children; or
People who were born and who lived in a foreign country, and whose right to citizenship was not known, therefore failing to meet the residency requirement may, at a later day, claim the citizenship. This concept is called “Constructive Retention”.
U.S. Citizenship through Grandparents
Under certain conditions, U.S. Citizenship may be claimed through Grandparents who were citizen at the time the parent was born. This is the doctrine of “Double Constructive Retention”
Naturalization
A lawful permanent resident may apply to become a U.S. citizen after 5 years of residence in the U.S., during which he or she has not stayed overseas for any period longer than 6 months, and has been physically present in the U.S. for at least 50% of that time.
This 5 year resident requirement does not apply to a U.S. Citizen spouse whose application would require that he or she had been married to the same U.S. citizen and resided in the U.S. for the 3 years preceding the application.
Also, the 5 year residency provision will not apply if the applicant has served the U.S. Armed Forces for at least three years or if he or she served in the U.S. Armed Forces during World War I, World War II, Korea War, Vietnam War, or Persian Gulf War.
The same privilege is accorded to widows and widowers of U.S. citizens who died during a period of honorable active duty service in the U.S. Armed Forces.
You can also qualify if:
- You served on a U.S. vessel and have also been a permanent resident for the past five years
- You worked under contract with the U.S. Government and have also been a U.S. permanent resident for the past five years
- You are a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the U.S., and have been a U.S. permanent resident for the past five years
- You are a spouse of a U.S. citizen who is one of the following:
- A member of the U.S. Armed Forces
- An employee or an individual under contract to the U.S. Government
- An employee of an American institution of research recognized by the Attorney General
- An employee of a public international organization of which the United States is a member by law or treaty
- An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States
- A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States
Lost Citizenship Reclaimed
Under certain conditions, citizenship that was lost due to the legislation in force at certain times in the past may be reclaimed. Please write or email for an assessment on an individual basis.
Posthumous Citizenship
U.S. citizenship is granted to foreign nationals who served in the U.S. Armed Forces and died while in active duty during any time of wars in which the U.S. was party.
We offer a free case assessment so you can discuss your permanent residency matter with an experienced U.S. citizen and naturalization attorney. We can explain the process, the requirements, and your options. Please email us, call us at 408-882-0376, or fill out our immigration intake form on our Contact Us page. Let us assist you in becoming a United States citizen.
We Anticipate Your Immigration Needs
