Naturalization is a process whereby people who have had their Green Cards for a certain amount of time may apply to become United States Citizens.
Time Requirements
You may qualify to apply for naturalization if:
- you have been a permanent resident for 5 years; or
- you have been a permanent resident for 3 years and have been married and lived with a United States citizen for that time period.
- you have not lived outside the United States for more than 6 months at a time during the required number of years of permanent residence leading up to your application for citizenship.
- you have spent as much time in the United States as outside of it during the required number of years of permanent residence leading up to your application for citizenship.
You may qualify for an exception to the location requirements (c and d above) if you are in the military (or a widow or widower of a person in the military); or are working oversees. This area of the law can be quite involved. We recommend you speak to an immigration attorney prior to applying for citizenship. An immigration attorney can conduct an interview to determine whether or not you should apply for naturalization. For a free analysis of your situation please contact us.
You can apply for citizenship within 90 days before the required time (above) has passed. However, if you apply too early (before this 90 day period) your case could be disqualified and the USCIS can require you to re-submit your application. Obviously, this would delay your case.
Additional Requirements
- you must be at least 18 years old unless you qualify for an exception.
- you must have good moral character. (If you have any criminal history in any country it is highly recommended that you contact a competent immigration attorney before you proceed) Even without a criminal history it is a good idea to be interviewed by a competent immigration attorney concerning this area.
- you have good English language skills. You may be able to avoid learning English if you are over 50 years old or if you are disabled
- you possess sufficient U.S. government and history knowledge
- you will take an Oath of Allegance to the United States
There may be exceptions to the above requirements. Therefore you should speak to an immigration attorney if you have questions or concerns.
Risks in applying to become United States Citizen
If you obtained your green card under false pretenses or have done something which could make you subject to removal (deportation), applying for citizenship could bring you to the attention of the USCIS. In this situation, you could not only be denied citizenship but you could lose your green card as well. You could be subject to removal (deportation). This area of the law can be quite involved. We recommend you speak to an immigration attorney prior to applying for citizenship. An immigration attorney can conduct an interview to determine whether or not you should apply for naturalization. For a free analysis of your situation please contact us.
Disclaimer
The materials provided in this website are solely for informational purposes and do not constitute legal advice. The scope is general in nature and may or may not apply to your particular situation. There may be many pitfalls and problem areas in a particular case. Also there may be a better way to proceed in your case. You should not proceed with an immigration matter (or act on any information in this website) without obtaining competent legal advice from an qualified attorney. Transmission of the materials in this website and receipt by you in no way constitutes and attorney-client relationship.
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