A person can acquire U.S. citizenship by descent if they were born to US citizens or in the United States. However, as an immigrant, you must undergo a neutralization process to become a citizen and enjoy other citizens' rights and privileges. Applying for U.S. citizenship through naturalization is challenging, and you must meet all the requirements.
These requirements include holding a green card, being married to a military member, or seeking asylum. Additionally, you must have resided in the United States for years before you can be eligible for citizenship. The process of a citizenship application often takes eight to fourteen months, the time between submitting your application and taking an oath of allegiance.
Understanding when you can apply for citizenship is critical to ensuring that you undergo a smooth process and end up with a denied application. Hiring and retaining a knowledgeable immigration attorney is critical while you apply for citizenship.
When to Apply for US Citizenship
Being an immigrant in the United States means you do not enjoy all the rights and privileges offered to citizens. Additionally, you will be in constant fear of deportation or inadmissibility for committing crimes of violating the immigration laws. Fortunately, if you meet the eligibility criteria and follow the correct procedures, you can undergo the neutralization process.
Applying for citizenship involves filling out an application, gathering documents, and attending an interview. Often, this process can be tedious and time-consuming. Therefore, you must know when it is the right time to apply. This is because filing at the wrong time or when you are not eligible could result in the denial of your application.
Some of the legal aspects you should understand before applying for citizenship include:
- You must renounce citizenship in other countries if your country of origin does not allow dual citizenship. However, the United States will enable individuals to have dual citizenship, and you can be eligible for neutralization even with other citizenships.
- If you have been charged and convicted of crimes like domestic violence, fraud, or drug crimes, your chances of being accepted for US citizenship are minimal.
The following are some of the instances where you can apply for U.S. citizenship:
You are a Green Card Holder with no Special Circumstances
One of the most common instances when you can apply for citizenship in the United States is when you are a green card holder. A green card is a lawful permit for permanent residence. However, while you can live and work in the US with your green card, you may not be able to enjoy the following benefits until you acquire citizenship:
- No fear of deportation. As a green card holder, you are still considered an immigrant who is subject to deportation or inadmissibility in case you commit a severe crime. However, when you become a US citizen, you do not have to worry about these devastating immigration consequences.
- Better employment opportunities. Only US citizens could be eligible for some government and federal jobs. Therefore, you can enjoy more opportunities by changing your green card status to citizenship.
- Ability to sponsor relatives to the US. You cannot sponsor a relative unless you have a certificate of neutralization, which makes you a citizen.
- Automatic citizenship for children. If you are a green card holder, your children will become US citizens automatically when you undergo neutralization to become citizens.
You must wait to apply for citizenship after acquiring a green card in the United States. Without special circumstances surrounding your case, you must reside in the United States for up to five years on a green card before becoming a citizen. In addition to meeting the five-year residency requirement, a green card holder must be of good moral standing and be willing to perform civilian or military service in the United States.
Although you can remain in the US indefinitely on a green card, moving forward with the citizen application process would be beneficial. During your petition for citizenship, seeking expert legal guidance is critical. Your attorney will work to ensure you meet all the requirements and follow the right procedures.
You are a Green Card Holder Married to a U.S. Citizen
While regular green card holders must wait up to five years to apply for citizenship, this is different for green card holders married to U.S. citizens. Acquiring a green card through marriage is a unique circumstance that warrants a different timeline for citizenship applications.
If you are a green card holder, married to a citizen, and already living in the U.S., you must wait three years before applying for citizenship. When applying for citizenship based on marriage, you must present evidence of your qualifications while applying for citizenship. You must have lived in the country with your spouse for up to three years.
A key condition when applying for citizenship as a green card holder married to a U.S. citizen is that you must live in the union at the time of your application. The three-year exception for these green card holders may apply even when your green card was not obtained through marriage. For example, it is common for immigrants to get a green card through employment. In this case, you must wait up to five years to apply for citizenship. However, if you marry a U.S. citizen after getting the green card, your wait period can be shortened to three years. In this case, you must stay married to your spouse through the citizenship interview and take the oath of allegiance. If you divorce your husband before the citizenship process ends, the exception will not apply to your case.
Another way in which you could lose your exception is when your spouse dies before you attend the naturalization interview. In such an unfortunate instance, you will have to wait up to five years since you received your green card to apply for citizenship.
Many individuals in the United States on a marriage green card are often concerned about their ability to gain citizenship if a marriage ends in divorce. Fortunately, divorcing your spouse does not disqualify you from citizenship and cannot be a basis for deportation. However, you will only enjoy the time for marriage.
For immigrants with a conditional green card, divorce can cause serious issues. However, the conditions can be lifted by proving you are still married to your spouse after two years. Additionally, you can fill out Form I-751 and prove that your marriage was genuine, which is not a way to secure a green card.
The USCIS ensures that immigrants enter marriages with U.S. citizens for proper purposes, not for permanent residency or a green card. Some factors that can help prove the legitimacy of your marriage when you have a conditional green card include joint financial records or evidence that you have children together.
When applying for citizenship with the marriage exception, you will need the guidance of a skilled immigration attorney to ensure you follow the right processes.
You are a Widow or Widower of a U.S. Citizen Who Dies While Serving in the Military
Being married to a U.S. citizen does not automatically make you a citizen. Instead, you obtain a green card and must follow the right procedures to apply for citizenship. It is always unfortunate when you lose your spouse, but their death before you obtain permanent residency or citizenship can cause you some severe immigration issues.
You can obtain permanent residency and eventually naturalize citizenship after your spouse dies in two ways. You will not need to sign a separate petition if your spouse filed a petition for an alien relative through Form I-130 before their death. In this case, the Form I-130 will be converted into a petition for a widow or widower, a unique circumstance for a citizenship application.
If your spouse did not make an application before their death, you must begin the process of obtaining a green card and proceed to apply for citizenship. If you are legally separated or divorced from your spouse at the time of their death, you cannot use this exception.
There are numerous immigration benefits enjoyed by surviving spouses of deceased military members killed in the line of duty. If you fall under this category and are seeking U.S. citizenship, you will not have a time limitation for when you can apply for citizenship. Some of the requirements you must meet to use this exception are:
- You were married to the deceased military member at the time of their death.
- You have not remarried.
- You were not legally separated or divorced from your spouse at the time they died.
- You are admissible in the United States.
You are a Green card Holder with a Year of Military Service
If you are in active service or have served as military personnel in the U.S., you may be eligible to apply for citizenship through neutralization. This process converts your green card into citizenship. In addition to meeting the normal requirements for citizenship, you must have served up to one year in the military when you apply for citizenship.
Your requirements will be significantly lowered if you served in the military during extreme hostility. Applicants who seek citizenship based on having served in the military will be exempt from the general neutralization requirements. If you are in active service, you can make your application at the military USCIS offices.
For military members who apply for citizenship under the special circumstances of being in the military, citizenship interviews and an oath of allegiance must be taken in the United States.
You are in the United States for Asylum
The United States offers asylum for individuals in danger of persecution if they return to their country. An asylum is a form of protection that allows an immigrant to live in the U.S. instead of being deported.
As an asylum seeker, you may obtain a green card on this basis, which you can eventually convert to citizenship through naturalization. Often, asylum seekers must wait up to five years to apply for citizenship. Your one year in the U.S. as an asylee will count as one year of permanent residency.
However, if you wait over a year to apply for a green card after entering the country on asylum, the extra time you spend will not go into your five-year countdown.
You are the Battered Spouse of a U.S. Citizen
Green card holders who are married to U.S. citizens enjoy an exception to the five-year rule for citizenship applications. However, Congress did not want individuals to stay in abusive marriages for this benefit. For this reason, an exception was created to accommodate battered spouses of U.S. citizens.
If you are an immigrant who obtained your green card through marriage and your spouse is emotionally or physically abusive, you can still have the three-year exception after you leave them. If you have children with an abusive spouse, they can use this exception when applying for citizenship after turning eighteen.
U.S. Citizenship Application Process
After determining when it is appropriate to apply for U.S. citizenship, you must follow the right procedures to avoid a denial of your petition. The process of applying for U.S. citizenship takes the following steps:
Determine Whether You Meet the Eligibility
Depending on the circumstances of your situation, you must meet the eligibility criteria before applying for citizenship. You can do this by ensuring that you have met the time requirements for your residence. Other requirements that you need to comply with for your neutralization process will include:
- You must be over eighteen years old to apply for citizenship in the U.S.
- You should not have taken a trip of six months or longer outside the U.S. during your three- to five-month eligibility period.
- You should have good moral conduct, which is evident in your criminal history.
- You must be willing to perform the civilian duties of US citizens.
- You have resided in the US for up to three months before submitting your application.
Application for Naturalization
When applying for US citizenship, you must file Form N-400, an application for naturalization. For individuals who wish to make an online application, you must create an account with the U.S. Citizenship and Naturalization Services.
If your application is based on military grounds, you must physically apply on paper. In addition to filling out the application form, you must pay the application fee. There is always a waiver for individuals applying from abroad. You can file your application for neutralization up to ninety days before you meet the three- to five-year residency requirement.
Attend your Biometrics Appointment
After submitting your application, you must go for a biometrics appointment. During this appointment, a USCIS officer will conduct a background check on you and take your fingerprints. Your biometric appointment will often take place up to one month from the date you submit your application.
Attend the Citizenship Interview and Exams
After filing your citizenship application, you will be scheduled for an interview within fourteen months. However, the time could vary depending on the workload at the USCIS offices where your case is handled. At this interview, a USCIS officer will verify all the information you have provided on your application to determine whether it is correct.
If you apply for US citizenship while abroad, you may need to attend your interview at the US embassy in your country. For applicants on active military duty, the interview is conducted in military facilities.
After your interview, you may need to take a neutralization test known as the citizenship exam. These tests are relatively basic; you may be given some references and study materials before your interview date. If you pass your citizenship exam, the USCIS will approve your application. If you fail, you may have up to thirty days to reapply and redo the tests.
Take the Oath of Allegiance
After the approval of your citizenship application, you will be invited to an oath of allegiance ceremony. Once you take the oath of allegiance, your citizenship process is complete, and you can enjoy the benefits of citizenship.
Find a Skilled Immigration Attorney Near Me
Becoming a United States citizen comes with many benefits, which include being safe from deportation and gaining the right to vote. Foreign nationals can acquire U.S. citizenship after meeting specific qualifications. A critical requirement you must meet before your application is residing in the U.S. for up to five years for green card holders.
If you have unique circumstances, you may be eligible for citizenship before the five-year period elapses. These include being married to military personnel or in the country on asylum. If you are a green card holder, spouse, or widow of a US citizen and are applying for citizenship, you will require the legal insight of an immigration attorney.
Your lawyer will help you determine the right time to petition for citizenship and guide you to avoid a declined petition. At California Immigration Attorney, we understand the urgency of undergoing neutralization to become a U.S. citizen. We offer expert legal guidance to all our clients seeking to apply for citizenship throughout California. Contact us at 424-789-8809 today for much-needed legal insight.