Reasons to Apply for US Citizenship
If you have been a Permanent resident for at least 5 years, or you are married to a US Citizen and have been a Permanent resident for at least 3 years, and have maintained “continuous residence in the US, then you may be eligible to apply for US Citizenship. Extended absences from the US or criminal violations can render you ineligible to apply and are discussed below.
Why apply?
1.Permanent Resident Status is not always “permanent” – Absences from the U.S. and Deportable Crimes:
Think your status as a Legal Permanent Resident can shield you from deportation? Wrong, there are currently a multitude of actions and crimes which can result in the loss of your Permanent Resident Status.
This is a broad list which I am happy to discuss in person with clients. This is a summary and not a complete list of reasons why a person may be deportable from the U.S.:
Extended absences from the US – absences of 6 months or longer can result in the loss of your green card. Absences of 1 year or longer will result in the automatic loss of your green card unless you have extenuating circumstances or apply for a Re-Entry Permit.
Failure to pay file your U.S. taxes as a “Resident Alien”.
Conviction of a crime involving moral turpitude that was committed within five years after the date of U.S. admission (or ten years if the person received a green card as a criminal informant) and is punishable by a sentence of at least one year.
Conviction of two or more crimes involving moral turpitude at any time after U.S. admission, where the two crimes did not arise out of a single scheme of misconduct.
Conviction of an aggravated felony at any time after U.S. admission.
Failure to report your change of address.
Failure to register as a sex offender.
Conviction of a drug crime (or a conspiracy or attempt to commit one), whether in the U.S. or another country, at any time after U.S. admission. There’s an exception for a single offense involving possession for personal use of 30 grams or less of marijuana.
Is, or at any time after U.S. admission has been, a drug abuser or addict. Notice that no actual court conviction is needed to be deportable under this section. The person’s own confession to drug use, or evidence on a medical report, could be enough.
Within five years after U.S. entry, has become a public charge (dependent on need-based government assistance) for reasons that did not arise after the person’s U.S. entry.
"Crimes of moral turpitude" are not well defined in U.S. immigration law. However, the Department of State has provided guidance, noting that the most common elements of a moral turpitude crime will include "fraud, larceny, and intent to harm persons or things." Crimes involving dishonesty and theft will almost always be considered crimes of moral turpitude. Other examples would be assault with the intent to rob or kill, spousal abuse, and aggravated driving under the influence ("DUI" or "DWI"). Since this is poorly defined, there is room for discretion on the part of the adjudicating Officer or Judge.
Having committed any of the above offenses can prevent you from receiving status as a US Citizen but once you are a Citizen, your status is protected should any of the above occur. Please feel free to contact this office for a consultation should you have questions regarding your history and decisions to apply for US Citizenship.
2. Eligibility for the 'Unlimited Marital Deduction' for Estate Tax purposes.
A provision in United States Federal Estate and Gift Tax Law that allows an individual to transfer an unrestricted amount of assets to his or her spouse at any time, including at the death of the transferor, free from tax. The unlimited marital deduction is considered an estate preservation tool because assets can be distributed to surviving spouses without incurring estate or gift tax liabilities. Without the Unlimited Marital Deduction, the surviving spouse pays estate tax on the entire estate.
The unlimited marital deduction applies only to surviving spouses that are United States Citizens. A qualified domestic trust (or QDOT) may be obtained to provide unlimited marital deductions for non-qualified spouses but this is not automatic and requires planning.