Naturalization
IMMIGRATION ATTORNEY LAURA LEON
Naturalization is the process of becoming a United States citizen. It is one of the four ways a person can be considered a legal citizen of the U.S.
Explore our guide to learn about the benefits of naturalization and how to apply for U.S. citizenship. We highly recommend that interested applicants consult a naturalization lawyer before they apply.
What is Naturalization?
While naturalization and citizenship are related, they are not the same thing. Naturalization is the process that leads to citizenship through acquisition, while citizenship refers to one’s recognized status.
Most of the time, people who are U.S. citizens were either born on U.S. soil or their citizenship was derived from at least one parent. But for people who were not born in the US and didn’t have a parent who was a citizen, naturalization is the way to become one.
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Benefits of Becoming a Naturalized Citizen
Naturalization is a lengthy process, but it also offers many benefits:
- You will have the right to vote in all U.S. state and federal elections.
- You have access to social services and government benefits, including Social Security.
- You will no longer be subject to deportation.
- You can travel freely internationally with out worry of losing your status.
- You can sponsor your spouse, children, and other relatives for a green card.
The many benefits of U.S. citizenship also come with some important obligations. You may be summoned to serve on a jury. Male U.S. citizens between 18 and 25 years old are required to register for Selective Service. And even if you stop living in the U.S., you will still need to pay U.S. taxes.
Who is Eligible for Naturalization?
If you weren’t born in the U.S., don’t have at least one parent who is a U.S. citizen, or have not acquired citizenship by another route, you can use the Naturalization Eligibility Worksheet on the USCIS website to determine if you are eligible to apply for naturalization.
There are 15 total questions in determining your naturalization eligibility. You must be able to answer yes to all questions.
Anyone wanting to become a naturalized U.S. citizen must meet these requirements:
- You must be at least 18 years old on the date your application is filed
- Your residency in the United States must be continuous
- You must have been physically present in the U.S. for at least 30 months out of the five years preceding your application
- You must have been a lawful permanent U.S. resident for the past five years; this requirement is reduced to three years if your residency is due to a marriage petition
- If English is not your native language, you will need to demonstrate that you’re proficient in reading, writing, speaking, and understanding English during your interview process
- You must have at least five years of demonstrated good moral character (GMC)
- You will need a solid understanding of U.S. history and the structure and function of the U.S. government
- You’ll be required to take and satisfactorily pass an English and Civics exam
- You must demonstrate loyalty to the U.S. Constitution by taking the Oath of Allegiance to the United States
There may be exceptions to these requirements, but they would be handled on a case-by-case basis. Your naturalization lawyer would need to file a request for special consideration with USCIS on your behalf.
Before applying for U.S. citizenship, speak with your naturalization lawyer to determine if you meet the requirements.
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Applying for Naturalization
There are several steps you need to follow to become a citizen through naturalization. To become a citizen, you must first:
- File the appropriate forms with supporting documentation
- Pay the filing fee for your application for naturalization
- Provide biometric data to U.S. Citizenship and Immigration Services (USCIS)
- Participate in a naturalization interview and take the citizenship test
- Take the Oath of Allegiance to the United States
File Form N-400
Fill out and submit Form N-400, Application for Naturalization with USCI). You should also pay the appropriate filing fees when you submit your application.
Submit Supporting Documents
Your supporting documentation is critical when you apply for U.S. citizenship. You will need:
- Front-and-back copies of your green card as proof of your permanent resident status
- Documents showing your current marital status, including certified copies of marriage and divorce records and death certificates if you are widowed
- Proof that you served in the military, if you’re able
- If you have any medical disability, you will need to provide documentation
- You will need to include two passport-style photos
Additional documents will be required for your naturalization interview. Your lawyer will advise you on what you’ll need before your interview. Below are some of the items that you may need to have with you.
- Your green card and state-issued identification, such as a driver’s license
- Proof showing that you’ve resided continuously in the U.S., along with any travel records
- Proof of your current marital status, such as copies of marriage, divorce, and death records; this includes documentation showing that any previous marriages of yours and your spouse were lawfully terminated
- Proof of any official name changes if you’ve changed your name for any reason, including marriage or divorce
- If you’re naturalizing through marriage, you will need documentation showing that your spouse was a U.S. citizen for at least three years before the date of your filing
- You must prove that you have legal parental rights over your children
- Tax records
- If you’re between the ages of 18 and 25, you must have your Registration Acknowledgement Card from the U.S. Selective Service or another document proving your registration status
- Copies of any criminal records
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The Naturalization Interview
USCIS will schedule your interview approximately 14 months after filing your naturalization application. A USCIS officer will verify that the information you have provided is correct. During that they will be assessing your English ability. Then the USCIS office will administer the English and civics test. How long the interview will take depends on the USCIS field office that handles your case.
If you apply from abroad, your interview will be at a U.S. embassy or consulate. Military facilities may also hold interviews for active-duty military personnel.
Oath of Allegiance
Once you pass the exams, you will then pledge your Oath of Allegiance to the U.S. Once you’ve pledged your oath, you will be given a Certificate of Naturalization recognizing you as a naturalized U.S. citizen.
Can Citizenship Be Revoked?
Most of the time, citizenship is for life. However, if you gained U.S. citizenship by lying or otherwise concealing facts of relevance, the Department of Justice (DOJ) can revoke it through denaturalization.
While this is rare, it has happened in the past after naturalized citizens were charged with committing serious crimes such as drug trafficking, kidnapping, murder, and sexual assault, participating in acts of terrorism, or obtaining their citizenship illegally.
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If you’re ready to apply for naturalization or still considering your options, consult with our experienced immigration lawyers regarding naturalization.
Request a consultation today with Laura Leon Law, and we will guide you in every step to U.S. citizenship.
