U.S. citizenship provides important rights and benefits, including the right to vote in federal elections, obtain a U.S. passport, and petition for certain family members. For many lawful permanent residents, naturalization is the process through which they become U.S. citizens.
Eligibility for citizenship depends on the individual's circumstances and immigration history. In some cases, a person may already be a U.S. citizen through a parent and may need documentation of that citizenship rather than naturalization.
Most applicants for naturalization must first have been lawful permanent residents for a required period of time. In general, an applicant may qualify after five years as a lawful permanent resident, while certain applicants who are married to and living with a U.S. citizen may qualify after three years.
Naturalization eligibility involves more than simply having held a Green Card for the required number of years. Applicants must meet additional requirements relating to continuous residence and physical presence in the United States, good moral character, basic English language ability, and knowledge of U.S. history and government. Certain applicants may qualify for exceptions or accommodations to some of these requirements.
The naturalization process generally begins by filing an application with U.S. Citizenship and Immigration Services (USCIS).
Applicants are generally scheduled for fingerprinting and background checks and later attend an interview with a USCIS officer. During the interview, the officer reviews the application and eligibility for naturalization and, unless an exception applies, administers English and civics testing.
Applicants whose applications are approved must take the Oath of Allegiance before becoming U.S. citizens.
An applicant's history as a lawful permanent resident can become important during the naturalization process. USCIS may review not only whether the applicant currently meets the requirements for citizenship, but also circumstances arising during the applicant's time as a permanent resident.
Potential issues may include:
The significance of these issues depends on the particular facts and applicable immigration law.
Some individuals may acquire U.S. citizenship at birth or derive citizenship after birth through a U.S. citizen parent. Whether a person acquired or derived citizenship depends on a number of factors, including the applicable law at the relevant time, the citizenship and residence history of the parent or parents, the individual's date of birth, and other circumstances.
In certain cases involving a child born outside the United States, the U.S. residence or physical presence of a U.S. citizen grandparent may also be relevant to establishing eligibility for citizenship.
Individuals who have acquired or derived U.S. citizenship through a parent may be eligible to obtain documentation of their citizenship, including a Certificate of Citizenship or U.S. passport.
Contact Us to discuss your U.S. citizenship or naturalization matter and how we may be able to help.