Citizenship

To "naturalize" means to become a citizen.

Lawful Permanent Residents in the U.S. may apply to become naturalized U.S. citizens by filing Form N-400 and supporting documents once they meet certain requirements. When the N-400 is approved, applicants are able to live, travel, vote, and run for office in the U.S. like natural-born U.S. citizens. In most cases, applicants are able to retain citizenship in their home country and become a dual citizen of both countries.

The primary requirement that must be met is the amount of time spent as a Lawful Permanent Resident (LPR). In general, individuals become eligible to apply for citizenship once they've had a green card for 5 years. If an LPR has been married to a US citizen continuously, they may apply for citizenship after 3 years instead of 5. In this case, eligibility for naturalization depends on the genuine, bona fide marriage. Eligibility is also dependent on continuous residence and physical presence in the US and ability to show “good moral character” (more on this later).

In order to account for processing times, Form N-400 may be submitted 90 days in advance of the date that one becomes eligible for citizenship.

In order to become naturalized US citizens, Lawful Permanent Residents (LPRs) must meet specific residency and physical presence requirements. For most applicants, this means being an LPR for five years, and being physically present in the US for more than half of that time.

In some cases, LPRs may apply for citizenship after being in the US for three years instead of five. This is an option if your permanent residency is based on marriage to a US citizen and if you have remained married to that person since entering the US. If you have been married to a US citizen for three years and residing in the US but you have been charged with a crime or have another eligibility issue, you may need to wait longer before applying. 

The requirements for these two types of eligibility are essentially the same, other than the time difference. However, while LPRs with US citizen spouses may be eligible to apply for citizenship early, they must provide evidence that they reside with their spouse and that the relationship is genuine. This will be similar to the type of evidence that was provided in order for the applicant to receive a green card in the first place. See the checklists below to find out which one applies to you.

One of the most important requirements for becoming a naturalized citizen (and one of the biggest complications that can arise at naturalization interviews) is the issue of “good moral character.”

In order to become a naturalized citizen, one must exhibit good moral character for the three or five year period leading up to their naturalization interview. The USCIS policy manual defines good moral character as “character which measures up to the standards of average citizens of the community in which the applicant resides.” In fewer words, this means they must follow the law and be without serious criminal history.

While “good moral character” is a fairly vague concept, USCIS more narrowly defines the types of behavior and criminal history that disqualify someone from gaining naturalized status in the US. These types of crimes are referred to as “crimes of moral turpitude” and include violent crimes and other aggravated felonies.

Some examples of crimes that can make one ineligible for US citizenship include: conspiracy, fraud, theft, assault, and most all violent crimes. In some cases, criminal history that occurred longer than five years ago (and was not violent in nature) can be forgiven if the individual has had a clean record since. Certain crimes, such as DUIs, do not automatically disqualify someone from naturalization; rather, the interviewing officer can exercise discretion based on the specific circumstances of the incident.

If you have criminal history and are interested in naturalizing, it is a good idea to consult with an immigration attorney to ensure that you are eligible and that your case is properly represented.

Depending on whether you are applying after three years in the US or five, the required documents to include with your application will be a bit different. While most of the items are the same, applicants applying after three years must include sufficient evidence of their genuine relationship. 

We’ve provided a list of general requirements, as well as specific requirements for different types of naturalization applications.

• Completed form N-400, Application for Naturalization
• Check or money order in the amount of $725 made payable to "U.S. Department of Homeland Security
• Certified English translations of all official documents
• Ability to read, write, and understand English
• General knowledge of U.S. history and government
• Exhibit "Good Moral Character"
• Have spent more time physically in the US than outside the US in 3-5 years preceding application (depending on eligibility type)

If you're applying after five years of permanent residency:

• Copy of Permanent Resident Card, AKA "Green Card"
• Tax returns from past 5 years
• Proof of US domicile & physical presence
• Marriage license (if married) and proof of dissolution of any previous marriages
• Any court/criminal records

If you're applying based on marriage to a U.S citizen:

• Copy of Permanent Resident Card, AKA "Green Card"
• Marriage License proof of dissolution of any previous marriages
• Proof of spouse's US citizenship
• Tax returns from past 3 years
• Any court/criminal records
• Proof of US domicile & physical presence
• Evidence of relationship with US citizen spouse

One of the most exciting things about the immigration process is its ability to move people closer to the ones they love. Family-based immigration enables people all over the globe to come closer together and spend more of their lives in the same place.

If you’re applying to citizenship based on three years of marriage to a US citizen, part of the process will be proving to the government that your relationship is still genuine. This is usually not an issue for couples who have been together for several years and who live together. However, it can be a big project to collect documentation of your relationship over several years and to know what types of things that the government is looking for. 

Sometimes relationship evidence can seem very personal, but you must be able to show the government that your marriage or engagement is legitimate. Click here for some helpful tips.

The naturalization interview is the final step to getting your naturalization application approved. You should bring original documents such as your birth certificate, permanent resident card, state-issued identification, all past visas and travel documents, and a printout of your interview notice. If there have been any changes to the information on your application since it was filed, such as a new trip outside of the U.S. or a change of address or employment, make sure to bring copies of the new evidence. 

You may bring an attorney to represent you at the interview if you wish. This is especially recommended if you have a complex legal issue in your background that could potentially deem you ineligible for naturalization, such as a divorce from your sponsor shortly following your green card issuance, an extended trip during a time you were supposed to be residing in the U.S., or a serious criminal charge. Your attorney will be able to defend you and help you explain the matter to the officer.

The interview will probably take approximately 20 minutes. The officer will review your application and ask you questions about your background. It is important to be honest during the interview; lying or omitting something about your past because you’re worried it will negatively affect your chance at naturalization will likely end up being worse for your case. USCIS often has information about you outside of what you submitted with your application.

You will be told the results of your tests right away. You may be asked for more evidence, in which case you will be given detailed instructions on what additional evidence is needed and where you should send it. If you are approved immediately following your interview, you will be scheduled for an oath ceremony, which is when you’ll officially become a U.S. citizen. 

If you get denied due to failing one of the tests, you do have a second chance. A second opportunity will be scheduled within 60 to 90 days from the first interview. If you fail either test again, however, your application to naturalize will be denied.

You may also receive a denial for another reason that makes you ineligible for naturalization. You can appeal a denial, but chances are low that the appeal will be accepted. It’s best to prepare with an attorney in order to get help navigating any potential ineligibility and create a good strategy for test preparation; this way, you can avoid receiving a denial in the first place.

Our immigration system has always been a challenging maze to navigate. However, in recent years, the roadblocks to receiving a green card, a visa, or U.S. citizenship have increased dramatically.

For example, a USCIS policy rolled out in 2018 allows petitions to be immediately denied without first giving the applicant the chance to fix any issues. This "sudden death" policy mirrors a string of other recent changes to the immigration system: processing times are slower than ever, more couples are being separated at interviews, and immigration officers are making unannounced visits to applicants' homes.

Fortunately, there are steps you can take to ensure your case is approved. Click here for some helpful pointers.

Becoming a U.S. citizen is a huge step in a person’s life. Not only do you get to vote in U.S. elections and receive a U.S. passport, you also receive great peace of mind in a time of uncertainty.  Becoming a U.S. Citizen is the culmination of many years of living as an immigrant in the United States. It symbolizes belonging to your community. It also comes with many rights and responsibilities.

Rights of a US citizen

• Vote in federal elections
• Serve on a jury
• Bring family members to the US
• Obtain citizenship for children born abroad
• Travel with a US passport
• Run for federal office
• Become eligible for federal grants and scholarships

Responsibilities of a US citizen

• Support and defend the Constitution
• Serve the country where required
• Participate in the democratic process
• Respect and obey federal, state, and local laws
• Respect the rights, beliefs, and opinions of others
• Participate in your local community

Once you become a US citizen, you won’t need to worry about timing of travel, renewal applications, or government filing fees ever again! You’ll also likely be able to maintain citizenship of your home country, meaning you’ll become a dual citizen of both countries. It’s a win-win!