The path to U.S. citizenship has two options—birth or via the naturalization process. Learn how to officially fulfill your American Dream.
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by Swara Ahluwalia
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Legally reviewed by Allison DeSantis, J.D.
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Updated on: November 13, 2024 · 13 min read
To become part of the Land of the Free and Home of the Brave is an aspiration for many. The appeal is undeniable: Voting rights, access to more jobs and federal benefits, and the ability to travel the world through one of the most widely accepted passports.
But if you aren’t a citizen by birth, what are your alternate options to become a U.S. citizen? Luckily, there’s a way. The U.S. Citizenship and Immigration Services (USCIS) allows someone of a different nationality to become a U.S. citizen through the process of naturalization. However, you must meet certain requirements.
Naturalization is the process through which a foreign national or immigrant is granted U.S. citizenship. They have to fulfill the requirements set forth by Congress in the Immigration and Nationality Act (INA).
Let’s take a closer look at the naturalization eligibility criteria and what it entails.
You must be a lawful permanent resident of the United States (green card holder), including those who hold “conditional” green cards. Conditional residents are those who obtained their green card through marriage that is less than two years old, or those who obtained a green card through the immigrant investor visa program (EB-5) and are in the preliminary two-year period of permanent resident status.
Those who have served in the U.S. military are subject to different residency requirements. An immigration lawyer is the best person to advise you on your eligibility.
If you are under 18 years old and your parents are green card holders or at least one parent is a U.S. citizen, you may already be a citizen. You should consult an immigration attorney to determine if you are already a U.S. citizen.
To proceed with the naturalization process, you must be a resident of the state where you will apply for U.S. citizenship for at least three consecutive months. Short business trips or vacations don't break the continuity of time. However, if you have been out of state for more than six months but less than a year, the USCIS officer might request you to provide additional documentation about your intent of residency.
This requirement is different from continuous residency and physical presence requirements (see below). This criteria aims to weed out those who don't have meaningful connections with the state and community in which they seek citizenship.
You must have resided in the U.S. for five years after the date you became a green card holder. However, if you got your green card based on your marriage to a U.S. citizen and you are still living together in a marital union, you only need to have been a green card holder and resident of the United States for three years.
Additionally, you cannot be absent from the United States for more than half the residency period required (two-and-a-half years or 912 days in total for a five-year period, or one-and-a-half years or 547 days for a three-year period).
You are permitted to go on vacation or leave the U.S. during the required years; however, if you are absent for more than six months on any one trip, you do not qualify.
An immigration lawyer can also help you analyze your trips, foreign employment records (if any), tax statements, and passport and determine the best time to apply for citizenship if you have had extensive travel outside of the United States.
For the five years immediately preceding your citizenship application (or three years for a spouse of a U.S. citizen living together in marital union), you must demonstrate good moral character.
“Good moral character” is broadly defined under the immigration laws (I.N.A. 101[f]) and basically means you meet the standards of average citizens within the community.
There are a few hard requirements, such as no criminal convictions for certain crimes like murder or aggravated felony. Discretionary factors like failure to support children, failure to pay taxes, or adultery tending to destroy a marriage are looked at by the government on a case-by-case basis.
If you have a criminal history, you must consult an immigration attorney before you apply for U.S. citizenship. A lawyer can help you determine if and when to apply based on your criminal record and advise you of the potential of being placed in removal (deportation) proceedings based on your criminal history.
Expunged criminal convictions must still be disclosed to USCIS on your application; therefore, you should discuss these with a lawyer before applying. USCIS will review your old green card application to compare your answers and ensure that all of the information you have provided is consistent. If information is not consistent, you may be accused of fraud.
To become a U.S. citizen, you have to pass a two-part exam. The first is an English language proficiency test where you must demonstrate an elementary ability to speak, read, and write in English.
The second is a civics test where you are asked 10 questions out of a possible 100 about U.S. history and government, and you will need to answer six questions correctly to pass. Both tests will be given during an interview at USCIS, where you will be asked to write the answer to a very basic English question like, “Where does the President live?”
Don't worry too much about the English and civics exams, as there are many study materials available online to prepare. You also get two attempts to pass. If you fail one or both of the tests, you will be called back and retested only on the portion you failed.
You must be willing to swear your allegiance to the United States in front of a U.S. government official or U.S. district court judge. This will include a statement that you will bear arms or perform non-combative service for the United States if required and that you renounce your allegiance to all other nations.
You are permitted to go on vacation or leave the U.S. during the required years; however, if you are absent for more than six months on any one trip, you do not qualify.
Once you satisfy all the eligibility requirements for becoming a citizen by naturalization, it's time to apply. Here's a closer look at the naturalization application process so you know what to expect and do.
The entire process of becoming a U.S. citizen begins with filing the Application for Naturalization (Form N-400) online or via mail. To complete an online application, create an online account with the USCIS. You will have to pay the necessary filing fees unless you are a military applicant and the filing fee has been waived.
Applicants from abroad who are using their military service to apply for citizenship or those seeking a fee waiver can't file an online application. They must mail their completed form to the USCIS office where they wish to establish residency.
Here are some filing tips and rules to help you submit an accurate application.
The U.S. Citizenship and Immigration Services requires all applicants to come in for their biometrics, which involves being fingerprinted and photographed for federal background check purposes.
Most citizen hopefuls are generally called for their biometrics a month after filing their application. The appointment notice will include the date, USCIS field office address, and time.
After completing biometrics and other preliminary paperwork, you will be called for an interview and test (mentioned earlier). During the interview, the USCIS officer will ask questions about your answers on Form N-400. These questions could be about your personal information, family or relationship history, employment, travel abroad, or military service. Some commonly asked questions are:
Expert tip: Attend your original interview date. Rescheduling your interview date can add an additional two to three months to your application processing time.
After the interview, you will take the aforementioned English and civics test unless you're exempt.
Exemptions from the English and civics exam
There are exceptions where an applicant for naturalization is exempt from taking the exam. You can skip the test if you meet one of the following circumstances:
The USCIS will grant, deny, or continue your application based on your interview and test. In some cases, you will receive the decision immediately after the interview. Otherwise, you will receive a notice with the next steps.
If the immigration officer feels your answers aren't clear or they need more evidence to make a decision, you will be given a Form N-14 Request for Additional Information, Documents, or Forms.
The form will specify the additional documents you need to submit and provide a deadline for submission. Failure to follow through can result in your citizenship being denied. You can update the requested documents through your online account.
You're almost there! Once your application for naturalization is approved, you will receive a notice with details about your oath ceremony. Some USCIS field offices allow you to take the oath immediately after your interview. It's essential that you show up prepared and on time that day because you only become a U.S. citizen after you take the oath.
Before the ceremony, you will be asked to turn in your green card and possibly asked questions pertaining to your whereabouts and business between the interview and ceremony dates. Once these formalities are completed, you'll be asked to read the oath before an officer.
At the end, you will receive your Certificate of Naturalization and can happily begin life as a citizen.
How long it takes to become a U.S. citizen depends on where you are located. U.S. citizenship applications are first reviewed at a national processing center but are then forwarded to the USCIS Local Field Office closest to your home so someone can interview you and conduct a final review of your application.
Each local office has different processing times, which are published on the USCIS website. For example, as of Sep. 13, 2024, the processing time for a local field office of Philadelphia, PA, is about seven-and-a-half months. The processing time for the USCIS office in Salt Lake City, Utah, is eight-and-a-half months.
Applying for U.S. citizenship through naturalization is a complex and lengthy process with many caveats. An immigration lawyer has the know-how to guide you through the process and increase your chances of approval. Hiring a lawyer is a must in complex circumstances, such as when you have a criminal record or extensive travel abroad.
Since April 2024, the USCIS has combined filing and biometric fees. The fee for paper Form N400 is $760, and $710 for an online application. If you hire an immigration attorney, you can expect to pay at least another $250-$350 per hour for their services.
If you can’t pay the naturalization application fees, you can request the USCIS for a fee waiver or reduction with your application. To qualify for a fee reduction, you must prove that your income is below a certain threshold or you are experiencing extreme financial hardship, such as a medical emergency or natural disaster.
Military applications are exempt from filing fees.
You can apply for U.S. citizenship after being a lawful permanent resident for five consecutive years, with no extensive time spent outside the country. This means you should not have been out of the country for more than six months in a year.
If you are married to a U.S. citizen, you can apply for citizenship after three years of permanent residency. In addition to these two requirements, you must also fulfill the three-month state residency criteria.
If USCIS denies your citizenship and you feel that decision is unjust, you can appeal the decision by submitting Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. You must do this within 30 days of receiving your denial letter.
If you have parents who are U.S. citizens or green card holders, you may automatically derive U.S. citizenship from them. Additionally, if you are employed as a missionary, nun, brother, or sister, or are a member of the U.S. Armed Forces, you may be exempt from some of the requirements mentioned above. An experienced immigration attorney can advise you on your path to U.S. citizenship.
Yes, the U.S. permits dual citizenship. This means you can be a citizen of your home country and the U.S. However, you must use your U.S. passport for any travel that requires you to enter and leave the country.
There also may be instances where your home country doesn't permit dual citizenship. For instance, India doesn't allow dual citizenship and you'll have to give up your Indian passport upon receiving U.S. citizenship.
Renee Hykel Cuddy, Esq., contributed to this story.
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