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The Immigration Lawyer’s Lawyer
Want to Become a US Citizen?
Our immigration lawyers pave the way for your seamless journey.
Unlock the door to your American dream with our comprehensive citizenship assistance. Our team of seasoned attorneys is here to guide you every step of the way, ensuring a smooth and successful journey towards obtaining US citizenship. Say goodbye to confusion and frustration – with our personalized support, tailored to your unique needs, you'll navigate the process with confidence. Take advantage of a complimentary telephone consultation with one of our senior attorneys to kickstart your journey today.
The Immigration Lawyer’s Lawyer
Want to Become a US Citizen?
Our immigration lawyers pave the way for your seamless journey.
Unlock the door to your American dream with our comprehensive citizenship assistance. Our team of seasoned attorneys is here to guide you every step of the way, ensuring a smooth and successful journey towards obtaining US citizenship. Say goodbye to confusion and frustration – with our personalized support, tailored to your unique needs, you'll navigate the process with confidence. Take advantage of a complimentary telephone consultation with one of our senior attorneys to kickstart your journey today.
What is Naturalization?
Naturalization is the process by which U.S. citizenship is granted to an immigrant in the United States after they have satisfied the requirements established by Congress in the Immigration and Nationality Act.
With naturalization being one of two ways of obtaining citizenship in the United States, the other way is acquisition of citizenship—which is when a person is granted U.S. citizenship because they were either born in the U.S. or were born to parents who are U.S. citizens. The key difference between these two processes is that acquisition of citizenship is based on the person’s relationship with U.S. citizens, while naturalization establishes a set of requirements for the person, part of which assumes the applicant has been a green card holder.
Applying for US citizenship is exciting, but it is also a stressful and confusing process. It is critical for those reading this article to understand that if the naturalization process goes wrong, it has the potential to not only get your naturalization denied, but depending on the circumstance, it may have as a consequence, even the revocation of the green card in select cases. To avoid experimentation and making costly mistakes, you may consider consulting an immigration attorney to assist you. An experienced immigration attorney will help you better understand your options and give you the upper hand in your case.
Who Can Apply for Naturalization and When?
Eligibility is dependent on a number of factors, including how long you have had your green card, how long you have physically resided within the U.S., and whether or not you have served in the U.S. military. For your convenience, we have provided a brief summary of the most common groups of applicants and when they can apply for naturalization:
Regular Green Card Holders: Those without special circumstances can apply after holding a green card for at least five years, with a requirement of residing in the U.S. for at least 2.5 years within that period.
Married to a U.S. Citizen Spouse: Green card holders married to a U.S. citizen spouse for at least three years can apply after maintaining continuous residence in the U.S. for at least 18 months out of the three-year period. Additionally, the U.S. citizen spouse must have been a citizen for at least three years.
US Citizen Parents: Children born to US citizen parents or whose parents became US citizens before the child turned 18 may be eligible for acquisition of citizenship. This is a tricky little process, but when done right, it can bypass many government hurdles and get results much faster than naturalization.
Green Card Holders in the U.S. Military: The eligibility criteria for naturalization differ based on the duration and timing of military service. For instance, those who served less than one year during peacetime can apply after holding a green card for five years and residing in the U.S. for at least 2.5 years. However, those who served during wartime or for at least one year during peacetime may apply without meeting the standard residency requirements. Additionally, certain exceptions are made for those applying while on active duty or within six months of honorable separation from the military.
Eligibility requirements for naturalization encompass several aspects:
Minimum Age Requirement: Generally, applicants must be at least 18 years old, unless citizenship was acquired through a parent.
Lawful Permanent Residence Requirement: Demonstrating continuous residence and avoiding extended absences is crucial, as USCIS can deny applications or revoke green cards due to lapses.
Continuous Presence Requirement: Maintaining continuous presence in the U.S.
State of Residence Requirement: Applicants must reside in the same state where they apply for naturalization and have lived there for at least three months.
Physical Presence Requirement: Showing physical presence for a certain period is necessary, with variations based on marital status.
Good Moral Character Requirement: Upholding good moral character is essential, with USCIS scrutinizing various factors including criminal history and behavior.
Two-Part Naturalization Test Requirement: Applicants must pass tests assessing English proficiency and knowledge of U.S. civics, with exemptions available for certain circumstances.
Oath of Allegiance Requirement: After approval, applicants attend a ceremony to take the Oath of Allegiance, signifying their commitment to the U.S. Constitution and renunciation of prior allegiances.
What are the Benefits of Naturalization?
Some of the benefits include:
Ability to Travel with a U.S. Passport
As a naturalized U.S. citizen, you are entitled to receive a U.S. passport. The U.S. passport is one of the most advantageous passports in the world. You will have the freedom to travel the globe with no government restrictions on the duration or frequency of your trips. You will also be able to travel to over 180 destinations without a visa, as well as be able to contact the local U.S. embassy or consulate during an emergency.
Ability to Sponsor Relatives from Abroad
As a naturalized U.S. citizen, you are able to apply for a green card and sponsor your family members who are seeking lawful permanent residence in the United States.
Access to Federal Benefits
After receiving your Certificate of Naturalization, you will have full access to certain government benefit programs that are only made available to U.S. citizens, such as federal college aid.
No More Deportation or Loss of Status
Once naturalized, you won't face the risk of deportation to your previous country of citizenship, nor the threat of losing your status, even if you encounter legal issues or spend extended periods outside the U.S. You'll enjoy the same rights as any other American to work and reside in the country. Rare exceptions, like fraudulent application, may lead to citizenship revocation and deportation.
Voting Rights
You can vote in any U.S. election, including federal elections. Non-citizens do not get to enjoy this privilege, as they are only able to vote in certain local elections.
No More Immigration Paperwork
You will no longer need to file any more immigration paperwork. This means you do not need to renew your green card or notify USCIS every time you move. You are also not required to carry any proof of status on your person on a daily basis.
Considerations for Naturalization:
Criminal History: A past criminal record can complicate naturalization and potentially lead to deportation. See attorney ASAP.
Tax Obligations: U.S. citizens are required to file taxes regardless of residency, with certain income thresholds subject to taxation.
Errors: If the citizenship process is not done exactly the way the immigration authorities require it, there could be delays or denials. Some instances could lead to green card revocation.
Frequently Asked Questions
Am I permitted to travel during the naturalization process?
Yes, you are permitted to travel without any legal restriction once your application has been submitted. Just make sure to come back for the biometrics and the interview appointments. If you miss any of those, you could have exception processing issues that could delay or worse, have your case denied. You must have a valid green card when traveling.
Can I still apply for naturalization if I am divorced from the person who sponsored my green card?
Yes, you are still eligible to apply for naturalization. But, proceed with great caution as issues may come up.
What if my green card is about to expire while my application is processing?
You generally need to renew your green card. Even though you are in the process of naturalization, you are still required to have valid proof of lawful permanent residence for other life functions such as driving, getting a job, etc.
Can I legally change my name while my application is processing?
Naturalization allows you to change your name when you do the process.
How often does USCIS make changes to the questions that appear on the civics test?
Not often. However, keep in mind that answers may be different with recent elections or appointments. USCIS does update their study materials which can help you pass the civics test.
What if I cannot attend my citizenship interview and test?
Your application will be denied. This is a very formal process. As such, USCIS expects you to show up for the interview. If you cannot, it is highly recommended that you work with the appointments scheduled by USCIS to avoid delays in your application. Contact our team if you cannot attend.
If I fail my naturalization test, when can I retake it?
You will be retested on the portion you failed within 60-90 days of your first interview. If you fail twice, the denial is final and you have to reapply.
Can I delay taking the Oath of Allegiance?
While it is recommended that you work with the appointments scheduled by USCIS to avoid delays, you can delay the Oath if you are unable to attend the ceremony.
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This website and our general online presence contains general information about Alien Attorney (a Pandeli Law brand) and is not intended to serve as a source of legal advice for any purpose. Neither receipt of information presented on this site nor any email or other electronic communication sent to Alien Attorney or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Alien Attorney expressly disclaims liability with respect to actions taken or not taken based on the contents of this site. Prior results do not guarantee a similar outcome.
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