Expertise in criminal justice domain. Can I apply early for US Citizenship?

abhati

New Member
I am a green card holder, which I got 1-year, 8-months ago. As far as I understand one has to wait 5-years before becoming eligible to apply for US Citizenship.

However, I happen to work as an expert in the criminal justice domain, where I have helped several local and state-level criminal justice/law enforcement agencies setup better computer systems for process automation, data management (directly involved in managing crime investigations) etc.

Would having performed such work permit me to apply early for US Citizenship?

Thanks,

-a
 
I am a green card holder, which I got 1-year, 8-months ago. As far as I understand one has to wait 5-years before becoming eligible to apply for US Citizenship.

However, I happen to work as an expert in the criminal justice domain, where I have helped several local and state-level criminal justice/law enforcement agencies setup better computer systems for process automation, data management (directly involved in managing crime investigations) etc.

Would having performed such work permit me to apply early for US Citizenship?

Thanks,

-a

As far as my knowledge goes being "Expert" or prominent in any domain has NO effect on the time you can apply for citizenship. The only group of applicants who can apply before 5 years are spouses of citizens(3 years) and applicant in military or related sevices (check in the naturalization guide page 18 for full information).

From the information you provided it looks like you got the green card based on employment. If this is true then you have to wait for the 5 years minus 90 days to apply for citizenship.

vik_b

I am not a lawyer rather a layman so treat my comments appropriately.
 
No, there are no shortcuts for line of work. As you could obviously see, such an exception would be widely abused without doubt.
 
Sure you could qualify. Up to 5 persons a year do in fact qualify.

(9) Distinguished Service to National Security . Section 316(f) of the Act allows the Director of Central Intelligence, the Attorney General, and the Director of the USCIS to designate annually up to 5 persons who have “made an extraordinary contribution to the national security of the United States or to the conduct of United States intelligence activities”. Such persons are exempted from the continuous residence requirement.
316(f) (1) Whenever the Director of Central Intelligence, the Attorney General and the Commissioner of Immigration determine that an applicant otherwise eligible for naturalization has made an extraordinary contribution to the national security of the United States or to the conduct of United States intelligence activities, the applicant may be naturalized without regard to the residence and physical presence requirements of this section, or to the prohibitions of section 313 of this Act, and no residence within a particular State or district of the Service in the United States shall be required: Provided, That the applicant has continuously resided in the United States for at least one year prior to naturalization: Provided further, That the provisions of this subsection shall not apply to any alien described in clauses (i) through (v) of section 208(b)(2)(A) of this Act.

(2) An applicant for naturalization under this subsection may be administered the oath of allegiance under section 337(a) by any district court of the United States, without regard to the residence of the applicant. Proceedings under this subsection shall be conducted in a manner consistent with the protection of intelligence sources, methods and activities.

(3) The number of aliens naturalized pursuant to this subsection in any fiscal year shall not exceed five. The Director of Central Intelligence shall inform the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives within a reasonable time prior to the filing of each application under the provisions of this subsection.

As you could obviously see, such an exception would be widely abused without doubt
That looks like a mistake. The Congress's intention was that 5 persons a year is not too widely, even in the worst case.
 
Sure you could qualify. Up to 5 persons a year do in fact qualify.




That looks like a mistake. The Congress's intention was that 5 persons a year is not too widely, even in the worst case.

Hmm good information. I did not knew this.

Well Mr Abhati looks like you are in luck. :)

vik_b

I am just a layman not a lawyer, please treat my comments appropriately

PD July 08
FP Aug 08
IL Oct 08
I and Oath Nov 08
 
There is a long way from criminal justice to national security. Also, it should be an extraordinary contribution to the national security, not just related to national security.
 
Sure you could qualify. Up to 5 persons a year do in fact qualify.




That looks like a mistake. The Congress's intention was that 5 persons a year is not too widely, even in the worst case.

Touche. First time I hear about this. I think there would be other cases like posthumous citizenship for dead soldiers. However, this posthumous citizenship cannot be used to derive immigration benefits to relatives or descendants. Anyway, it doesn't seem to apply to the original poster. It is not clear who initiates the candidacy of these lucky 5. Anyway, I stand corrected in my original comment.
 
Good infor Raevsky... but National security personnels includes

Military, Scientist, PHD holders requiring Security Clearance an working directly for the US govt.

But criminal Justice field...even if you are a computer tech or tranlator for the FBI ...you still may have to go by the rules.

Anyway there is know harm in trying.... I believe Abhati can still ask a lawyer and see if options..
 
I suspect the lucky 5 may be people that the Government (or agencies therof) may like to tempt into the US.
The offer of citizenship could be part of the "bait".

Just a stab in the dark though :)
 
That looks like a mistake. The Congress's intention was that 5 persons a year is not too widely, even in the worst case.
If it wasn't for the 5 person/year maximum, it probably would have been abused widely.
 
Last edited by a moderator:
There is a long way from criminal justice to national security. Also, it should be an extraordinary contribution to the national security, not just related to national security.
Given that only 5 people get this privilege, you have to be beyond extraordinary to get it.
 
Good infor Raevsky... but National security personnels includes

Military, Scientist, PHD holders requiring Security Clearance an working directly for the US govt.

But criminal Justice field...even if you are a computer tech or tranlator for the FBI ...you still may have to go by the rules.

Anyway there is know harm in trying.... I believe Abhati can still ask a lawyer and see if options..

Well, I do hold multiple levels of security clearance, and I do perform work and have access to data I could not tell you about. However, to the best of my knowledge, none of it would fall under 'national security' or intelligence etc. AFA, the 5 persons rule cited in this thread is concerned, I am almost certain that line is filled by far more urgent/qualified cases than mine would be!

Exceptions to the 5-year rule do exist in law and are, from time to time, even added to by Presidents (e.g., current prez Bush allowing active duty soldiers to gain citizenship after 1-year), which allow people working in various lines of defense services to apply for citizenship earlier than that time. The whole purpose of my intent is to just explore, whether any of the may apply to non-military personnel holding GCs.

Maybe I ought to pay a qualified attorney to just get an opinion...

Thanks everyone.

-a
 
I do not think you qualify under other exceptions:

(g) Classes of Applicants Not Subject to the Continuous Residence Requirement . Certain classes of applicants are exempted from continuous residence as a requisite for naturalization.

(1) The Spouse of a U.S. Citizen in the Employment of the Government of the United States or of an American Institution of Research or of an American Firm or Corporation Engaged in the Development of Foreign Trade and Commerce of the United States, or a Subsidiary Thereof, or of a Public International Organization in Which the United States Participates by Treaty or Statute, or Who Is Authorized to Perform the Ministerial or Priestly Functions of a Religious Denomination Organized Within the United States, or E ngaged Solely as a Missionary by a Religious Denomination or by an Interdenominational Mission Organized Within the United States, and Regularly Stationed Abroad in Such Employment . An applicant spouse of this description who meets the qualifications prescribed by section 319(b) of the Act and by 8 CFR 319.2 are not required to demonstrate any continuous residence prior to naturalization. The applicant must, however, declare a good faith intention to take up residence in the United States upon the termination of the citizen spouse’s employment abroad.

(2) Employee of a U.S. Incorporated Nonprofit Communications Media Organization Disseminating Information That Promotes U.S. Interests Abroad . Applicants who meet the qualifications prescribed by section 319(c) of the Act and by 8 CFR 319.2 are not required to demonstrate any continuous residence prior to naturalization.

(3) Surviving Spouse of a U.S. Citizen Who Died During Honorable Service in U.S. Armed Forces . Applicants who meet the qualifications prescribed by section 319(d) of the Act and by 8 CFR 319.3 are not required to demonstrate any continuous residence prior to naturalization.

(4) Former U.S. Citizen Who Lost Citizenship Through Service in the Armed Forces of Foreign Countries During World War II . Section 327 of the Act provides that former citizens who lost citizenship through service during the Second World War in foreign armed forces not then at war with the United States can regain citizenship through an abbreviated process that requires lawful admission for permanent residence but no period of continuous residence. (See also 8 CFR 327 .)

(5) Service in the U.S. Armed Forces for 3 years . Section 328 of the Act provides that an applicant who has served honorably in the U.S. Armed Forces for an aggregate of 3 years is exempt from the continuous residence requirement, provided that the application is filed either while the applicant is still in the service or within 6 months after the termination of such service. (See also 8 CFR 328 .) For otherwise qualified section 328 applicants who file more than 6 months after separation, see the preceding section at (e)(4).

(6) Service in the U.S. Armed Forces During Designated Periods of Military Hostilities . Section 329 of the Act provides complete exemption from the continuous residence requirement for aliens and non-citizen nationals of the United States who have served honorably on active-duty in the U.S. Armed Forces at any time during the following specified periods of hostilities:

• April 6, 1917-November 11, 1918 (World War I);

• September 1, 1939-December 31, 1946 (World War II);

• June 25, 1950-July 1, 1955 (Korean hostilities);

• February 28, 1961-October 15, 1978 (Vietnam hostilities);

• August 2, 1990-April 11, 1991 (Persian Gulf conflict);

• September 11, 2001-present (Operation Enduring Freedom); or

• any other period in which Armed Forces of the United States are or were engaged in military operations involving conflict with a hostile foreign force that the President has designated for naturalization benefits by executive order.

Applicants who apply for naturalization under this section of law are not required to meet the minimum continuous residence requirements of section 316(a). However, any section 329 applicant who was not in lawful permanent resident status on the day of filing the application for naturalization must establish that at the time of enlistment or induction into the Armed Forces of the United States he or she was physically present in the United States or its outlying possessions. (See Section 329 of the Act and 8 CFR 329.2(c) .)

(7) World War II Participant Born in the Philippines . Section 405 of the Immigration Act of 1990 provided that certain natives of the Philippines with active duty service during World War II could be naturalized in compliance with Section 329 of the Act, if they met all its other requirements and applied for naturalization no later than February 3, 1995. Any qualified applicant under this law is exempt from the continuous residence requirement of section 316(a) of the Act. (See 8 CFR 329.5 )

(8) Enlistees under the Act of June 30, 1950 (Lodge Act) . Nonresident aliens who enlisted in the U.S. Army under this law between June 30, 1950 and July 1, 1959, and who served honorably for a period of at least 5 years, are considered eligible for naturalization under section 329 of the Act and are entitled to the same exemptions from the continuous residence requirement. (See Interpretations 329.2)

(9) Distinguished Service to National Security . Section 316(f) of the Act allows the Director of Central Intelligence, the Attorney General, and the Director of the USCIS to designate annually up to 5 persons who have “made an extraordinary contribution to the national security of the United States or to the conduct of United States intelligence activities”. Such persons are exempted from the continuous residence requirement.
 
Top