Understanding the Naturalization Process: How to Become a U.S. Citizen

Becoming a U.S. citizen is a significant life milestone. The process involves several steps and obligations, but the rewards are unparalleled. Imagine having the right to vote, the privilege of serving on a jury, and the security of permanent residency in one of the most diverse and economically robust nations in the world. This article will help you understand the process needed to become a U.S. citizen, with a specific focus on the pathway of naturalization. Whether you’re a permanent resident looking to make the final step or just curious about the process, this guide is for you.

Eligibility for Naturalization

Eligibility is the first hurdle you must clear on your way to U.S. citizenship. If you’re thinking about naturalization, here are some key boxes you’ll need to tick:

• Age: You must be at least 18 years old to apply.
• Residency: You need to have been a lawful permanent resident, meaning you’ve held a green card, for at least five years. If you’re married to a U.S. citizen, this requirement shortens to three years.
• Physical Presence: You must have been physically present in the U.S. for at least 30 months out of the five years preceding the application.
• Good Moral Character: Things like a serious criminal record could disqualify you.
• Military Service: If you have served in the U.S. military, there may be special provisions that make it easier or quicker for you to become a U.S. citizen.

There are additional nuances and exemptions, of course, but these are the big ones.

Naturalization Requirements

Naturalization Requirements

While eligibility gets you in the door, meeting the specific naturalization requirements is crucial for actually becoming a U.S. citizen. These requirements are a bit more specific and include the following:

• Age Limit: Again, you must be at least 18 years old to apply for citizenship through naturalization.
• Travel Restrictions: During the qualifying period of three or five years, you must not have taken any trips outside of the United States that lasted six months or longer, as this could disrupt your continuous residence.
• State Residency: Before applying, you must have been a resident of the state where you plan to apply for at least three months.
• Good Moral Character: You must have a “good moral character,” a somewhat subjective term that essentially means you measure up to the standards of average citizens in your community. On a more specific note, you shouldn’t have committed serious crimes, like murder or illegal gambling, nor should you have lied during your naturalization interview. This is assessed on a case-by-case basis by the government.
• Language and Civics Test: You’ll have to pass a two-part naturalization test. The first part is an English language test that assesses your reading, writing, and speaking skills. The second part is a civics test where you’ll need to show a basic understanding of U.S. history and government.
• Military and Civilian Service: You must be willing to serve in the U.S. military or perform civilian service for the United States if required.
• Selective Service: Male applicants who have lived in the U.S. between the ages of 18 and 25 must register with the Selective Service System.
• Defense of the U.S. Constitution: Last but not least, you must be willing to defend the U.S. Constitution if called upon to do so.

Meeting these requirements is essential to moving forward in the naturalization process. Failure to meet even one could lead to delays or denial of your application.

Special Exceptions

Navigating the naturalization process can be challenging, but the United States Citizenship and Immigration Services (USCIS) offers certain accommodations and exceptions for certain applicants.

Age-Related Exceptions

• English Language Waiver: Applicants who are either 50 years old with 20 years of permanent residency or 55 years old with 15 years of permanent residency can be exempted from the English language test. However, it’s worth noting that you still need to take the civics test, albeit in your native language. This concession aims to lessen the burden on older applicants who may struggle with language acquisition at a later age.
• Modified Civics Test: Older applicants who meet the above criteria are also allowed to take a simpler, more straightforward version of the civics test.

Disability-Related Exceptions

• Form N-648: If you have a physical or developmental disability or a mental impairment that makes it unfeasible to meet the educational requirements, you may file Form N-648. This form must be filled out by a licensed medical doctor, licensed clinical psychologist, or another professional who is qualified to assess your condition.
• Tailored Interview Process: Those who qualify for disability exceptions may also have the naturalization interview tailored to accommodate their needs. This can include additional time for responses or the use of assistive technology during the interview.

Additional Accommodations

• Special Requests: Applicants can make special requests for accommodations, such as sign language interpreters or a separate, quiet room for the interview, to better cater to their individual needs.
• Off-site Testing: In extreme cases where applicants cannot travel to the testing center, arrangements may be made for off-site testing under the supervision of USCIS officials.

Peacetime Military Service

• Faster Naturalization: Service members who have honorably served for at least one year during peacetime are allowed to fast-track their naturalization application, bypassing the standard residence and physical presence requirements.
• Fee Waiver: Those serving in the military are not required to pay the typical naturalization application and biometric fees.
• Global Accessibility: Naturalization processes can be completed either within the United States or at U.S. military installations abroad.

Wartime Military Service

• Immediate Qualification: If you’ve served during designated periods of military hostilities, you’re immediately eligible for naturalization, and the typical residency and presence requirements are waived.
• Posthumous Citizenship: In case of death during active duty, the U.S. government grants posthumous citizenship, extending benefits to the deceased service member’s family.

Understanding these exceptions can be a lifesaver for those who might otherwise find the naturalization process insurmountable. However, it’s crucial to consult with legal or medical professionals to ensure you meet the criteria for these exceptions and that all required documentation is properly submitted.

Pathways to Citizenship

Although this article focuses primarily on naturalization, it’s worth noting that there are other avenues to U.S. citizenship.

• Being Born in the U.S.: Simply put, if you’re born on U.S. soil, you’re an American citizen. This is known as birthright citizenship, and it’s enshrined in the 14th Amendment to the U.S. Constitution.
• Through Parents: If one or both of your parents were U.S. citizens when you were born, you might automatically be a U.S. citizen. This is commonly referred to as “citizenship through descent,” and the specific requirements can vary.
• Through Marriage to a U.S. Citizen: If you’re married to a U.S. citizen, the residency requirement for naturalization is reduced to three years. However, you’ll still need to meet all other eligibility requirements, and your marriage must be bona fide—that is, not just for the sake of getting citizenship.

The Naturalization Process

Once you’ve determined you’re eligible for citizenship through naturalization, you’ll have to go through several key steps to make it official:

1. Filing Form N-400: This is the Application for Naturalization, the official form that kicks off the process. It’s a comprehensive form that asks about your background, residency, and moral character.
2. Biometrics Appointment: After filing the application, you’ll be scheduled for a biometrics appointment. At this appointment, your fingerprints will be taken, and they’ll be used to conduct a background check.
3. Citizenship Interview and Exam: You’ll be summoned for an in-person interview where you’ll answer questions about your application and background. You’ll also take the English and civics test at this time. The exam isn’t terribly difficult, but you’ll want to prepare in advance.
4. Naturalization Ceremony: If all goes well, you’ll be invited to a naturalization ceremony. Here, you’ll take the Oath of Allegiance to the United States, and you’ll receive your Certificate of Naturalization. From that moment on, you’re a U.S. citizen!

Naturalization Timeline

It’s hard to predict exactly how long the process will take from start to finish, but generally, you can expect it to last between 6 to 12 months. This timeline can vary based on several factors:

• Processing Times: USCIS (U.S. Citizenship and Immigration Services) processing times can vary depending on the volume of applications.
• Your Location: Different USCIS offices have different workloads, and this can affect the speed of your application.
• Background Checks: Sometimes, background checks take longer than expected, which can add additional time to the process.

Patience is key. The process might seem tedious at times, but remember that it’s all part of your journey to becoming a U.S. citizen.

Naturalization Cost

It’s important to budget for the naturalization process because becoming a U.S. citizen comes with some fees. Here’s a breakdown:

• Application Fee: The primary cost is the filing fee for Form N-400, which is $725 as of the time this article was written. This fee includes a $640 filing fee and an $85 biometric fee for fingerprinting and photographing.
• Optional Legal Consultation Fees: While you can fill out the application yourself, some people choose to consult an immigration attorney to help them navigate the process. Attorney fees can vary widely, so it’s a good idea to shop around if you decide to go this route.
• Additional Costs: You may incur other minor costs, such as postage fees for mailing your application or travel expenses to attend your biometrics appointment and naturalization interview.
• Fee Waiver or Reduction: In some cases, you may be eligible for a fee waiver or reduction based on income, hardships, or other special circumstances. This is especially relevant for individuals who might find the standard fees prohibitive.

Common Mistakes to Avoid

Even small errors can result in delays or denials, so it’s crucial to be cautious. Here are some common pitfalls:

• Incomplete or Inaccurate Applications: Filling out Form N-400 inaccurately or leaving sections blank can result in a delayed or rejected application. Always double-check your work.
• Failure to Meet Residency Requirements: Make sure you meet the physical presence and continuous residency requirements before applying. Failure to do so could result in denial.
• Legal Issues: If you have a criminal record or any legal issues pending, this could severely impact your application. Consult a legal professional if you have concerns.

Benefits of Naturalization

Once you’ve successfully navigated the naturalization process, you’ll gain access to a wide range of benefits only available to U.S. citizens. Let’s explore some:

Civic Participation

• Voting Rights: One of the most significant advantages is the right to vote in local, state, and federal elections. As a citizen, you get a say in the policies and leaders that will shape the nation.
• Public Office: Naturalized citizens can run for public office, opening up avenues for civic engagement and leadership roles, although certain high-ranking positions like the U.S. President and Vice President are restricted to natural-born citizens.

Enhanced Job Opportunities

• Federal Jobs: Certain jobs in the U.S. federal government are available only to U.S. citizens. These can include positions within law enforcement agencies, the judiciary, and intelligence services.
• Security Clearances: As a U.S. citizen, you may be eligible for security clearances that can open doors to more specialized and high-paying roles in various sectors.

Family Immigration

• Sponsoring Relatives: U.S. citizens can sponsor immediate family members for green cards without any annual quotas, expediting the immigration process for loved ones.
• Children’s Citizenship: Children born abroad to a U.S. citizen parent usually acquire U.S. citizenship automatically, subject to specific legal requirements.

Social Benefits

• Social Security: As a citizen, you’ll have access to full Social Security benefits, which can provide a crucial safety net in retirement or in case of disability.
• Federal Aid: U.S. citizenship ensures eligibility for federal grants, scholarships, and other financial aid opportunities that may not be accessible to non-citizens.

Legal Protections

• Deportation Immunity: Once naturalized, the risk of deportation becomes significantly reduced, although it’s not completely eliminated for severe criminal offenses.
• Consular Assistance: When traveling abroad, you can seek assistance and protection from U.S. embassies and consulates.

These are just the tip of the iceberg when it comes to the advantages of U.S. citizenship. From improved legal protections to the ability to sponsor family members for their own green cards, the benefits are numerous.

Important Considerations Before Applying

When considering the journey to U.S. citizenship, several factors could profoundly affect both your decision to apply and your eligibility for naturalization.

Jury Duty

One of the civic duties that come with being a U.S. citizen is the obligation to serve on a jury when called upon. Jury duty isn’t just a responsibility; it’s a vital part of the U.S. legal system, ensuring that a defendant’s guilt or innocence is determined by a group of their peers.

Tax Obligations

Becoming a U.S. citizen also changes your tax situation. Specifically, you’ll be obligated to file U.S. taxes on your worldwide income. It’s crucial to be aware of this commitment, as failure to meet your tax obligations can result in severe penalties and may impact your citizenship status.

Renouncing Other Citizenship

One of the most intricate aspects of becoming a U.S. citizen is the possibility that you may need to renounce your previous citizenship, and this varies dramatically depending on the policies of your country of origin.

For instance, countries like Mexico, the United Kingdom, Canada, and Australia generally permit dual citizenship, allowing you to hold both their citizenship and U.S. citizenship simultaneously. You can continue to enjoy the benefits of being a national in these countries, like voting rights and access to social services, while also reaping the benefits of U.S. citizenship.

However, in some Latin American countries such as Cuba, Ecuador, and Nicaragua, dual citizenship is either not recognized or subject to stringent regulations. In these countries, you may lose certain rights, like the ability to own property or participate in elections, if you become a U.S. citizen without formally renouncing your original citizenship.

There are also countries with nuanced policies, like Germany and Japan, where dual citizenship is allowed under certain conditions but not universally. In these countries, retaining dual citizenship might require special permissions or could be limited to specific cases.

Before embarking on the path to U.S. citizenship, you should deeply understand the citizenship laws of your home country and assess how giving up that citizenship could affect your life in terms of legal statuses, property rights, and possible military service obligations.

Possible Military Service

As a U.S. citizen, especially if you are male and between the ages of 18 and 25, you’ll need to register for the Selective Service System. Registering makes you eligible for military conscription in the event that a draft is reinstated. Moreover, being a U.S. citizen means you must be willing to serve in the U.S. military or carry out civilian service for the United States when called upon.

Deportable Offenses

While naturalized U.S. citizens are mostly protected from deportation, it’s important to note that certain crimes can still put your U.S. citizenship at risk. If you commit an offense that’s considered deportable under U.S. law, you could face dire consequences. If you’ve committed a deportable crime or are facing other potential legal hurdles, it is strongly advisable to seek the guidance of an immigration attorney before initiating the naturalization application process. An experienced attorney can help you assess the risks involved and devise an effective strategy for your specific situation.

FAQs

This section addresses some of the most commonly asked questions about the naturalization process:

1. How long does it take to become a U.S. citizen?
   Generally, it takes between 6 to 12 months from the date you submit your application to the date you take the Oath of Allegiance.
2. Can I travel abroad while my naturalization application is in process?
   Yes, you can travel abroad while your naturalization application is in process, but there are important considerations. If your absence is for an extended period, typically six months or more, it could disrupt your continuous residence requirement and potentially jeopardize your application.
3. What happens if I fail the naturalization test?
   If you fail any part of the naturalization test during your interview, you’ll be given another opportunity to take the failed part within 60 to 90 days.
4. Do I need to hire a lawyer for my naturalization application?
5. While hiring a lawyer is not required, some applicants choose to do so for legal advice, especially when there are complications like criminal records or extended periods of time spent abroad.
6. What are the reasons my naturalization application might be denied?
   Common reasons for denial include failing the English or civics test, a break in continuous residency, or a criminal record that affects moral character criteria.
7. Can I apply for naturalization if I have a green card but have committed a crime?
   If you have a criminal record, it’s strongly advisable to consult an immigration attorney before applying. Certain crimes can make you ineligible for naturalization or even subject to deportation.
8. Is it possible to expedite my naturalization process?
   In some cases, expedited processing is available for special circumstances like impending military service or a serious illness. However, this is uncommon and granted on a case-by-case basis.
9. What if I have dual citizenship with another country? Do I need to renounce it when I become a U.S. citizen?
   The U.S. government doesn’t require you to renounce your previous citizenship, but your country of origin might. It’s essential to understand the laws of your home country concerning dual citizenship.

Becoming a U.S. citizen through naturalization is a thorough and often lengthy process. However, the benefits of U.S. citizenship—like the right to vote, the ability to hold federal jobs, and easier international travel—are well worth the effort. Whether you’re just starting to consider naturalization or you’re already deep into the process, we hope this guide has provided valuable insights to aid you on your journey to becoming a U.S. citizen.

If navigating the complexities of immigration law seems daunting, you’re not alone. At Schaffer Herring PLLC, our dedicated team of immigration attorneys is here to guide you through every step of the process, ensuring you understand your rights and options. Whether you’re seeking assistance with visas, green cards, naturalization, or any other immigration matters, we’re committed to providing you with personalized and effective legal solutions. Don’t let legal hurdles stand in the way of your goals. Contact us today to schedule a consultation and learn how we can help you navigate your immigration journey with confidence.