Part Three of Our Citizenship Overview
The most common path to U.S. citizenship for foreign-born individuals is through the naturalization process.
Do you need help with Citizenship through Naturalization? Are you a resident of Montana, North Dakota or Wyoming? If so, you’ve come to the right place to learn about your options, you can keep reading our guide. If you know you need help and want to contact us now, you can click here.
The most common way that aliens, people not born in the United States, obtain citizenship is through the naturalization process. Naturalization is the name given to the process of requesting citizenship. The basic requirement for citizenship through naturalization is that the applicant be a lawful permanent resident. Generally, an applicant must have spent five years as a lawful permanent resident. Beside the time requirement, the applicant must have maintained residence in the United States. Those lawful permanent residents who obtain their status through marriage to U.S. citizens are eligible to apply sooner. They can apply after three years. However, the U.S. citizen spouse must sponsor them by supplying evidence of the good-faith nature of the marriage. For additional information please see: The 3-Year Rule: Naturalization for Spouses of U.S. Citizens
Naturalization Requirements
In addition to a time requirement, applicants for citizenship through naturalization must meet other requirements. These requirements are designed to screen for those lawful permanent residents who would contribute to the United States. They are also designed to screen for those who are attached to it through living here. The residency requirement discussed above means that your primary residence was in the United States for the last five years. In order to become a citizen one must also meet of physical presence requirement. You must have spent of 30 months in the US within the last five years. A period of more than six months out of the United States breaks your physical presence. An exception to this rule is if the USCIS gives you permission for more than 6 months. Without this permission, you must therefore start accruing the necessary 30 months again.
Tied to residence and physical presence requirements is the requirement about location. You may only apply for citizenship through naturalization in the state of your residence. Moreover, you must have been a state resident for 90 days. The idea of the state residency requirement is to stop applicants for citizenship from shopping for faster processing in different states. At one time the backlog citizenship in California was over two years, while processing time for citizenship in Montana was approximately six months.Once you naturalize, your existing F-2A petitions for spouse and minor children automatically upgrade to immediate-relative status — but only if those petitions are still active. See why filing separate I-130 petitions matters here.
Knowledge of English and Civics
An applicant of citizenship through naturalization must have a good working knowledge of English. English proficiency is tested by answering questions in English orally and in writing. The citizenship examiner is not looking for perfection of the ability to give a speech or write a novel; instead the applicant must demonstrate a simple proficiency. English skill is also tested through the applicant’s knowledge of Civics, the history of the United States, the economic principles in which it operates, and details of the political process.
Previously quite a challenge, this test is a lot easier for the applicant now that the USCIS makes model questions available on the Internet. Applicants can sit at their computers and take these tests to gauge the level of competence with the materials. Special procedures apply to long-term residents who have limited knowledge of English. Lawful permanent residents over 50 years old with 20 years as lawful permanent residents may seek exemption from the English requirement. Similarly, lawful permanent residence with disabilities that impair their learning may receive exemptions from the Civics test.If you cannot meet the English or civics requirements due to a physical, developmental, or mental disability, you may qualify for a complete waiver through Form N-648, Medical Certification for Disability Exceptions. Learn more about medical disability exceptions and how to avoid N-648 fraud.
Good Moral Character
Good moral character is the last requirement of naturalization. While it might appear that good morals are difficult to define, the usual test is an absence of criminal convictions in the last five years. The USCIS will review a person’s entire criminal record and the presence of a serious crime, one that would be classified as an aggravated felony at any time will disbar the applicant receiving citizenship. In addition to criminal offenses, the USCIS will look carefully at a lawful permanent resident’s compliance with the duties imposed on residents and citizens like filing taxes. Because good moral character is measured against your criminal history, it is worth reviewing how criminal convictions and naturalization interact before you file.
One of the classic reasons that applications for naturalization are denied is a failure to file U.S. tax return. Sometimes this occurs because lawful permanent residents have not earned any income in the United States. However, federal tax law requires that residents of the United States must pay taxes on their worldwide income. Usually, if the USCIS sends an applicant for citizenship through the naturalization process a request for evidence relating to taxes where the applicant failed to file; the applicant can fix the problem by filing and submitting the returns. Children under 18 who are lawful permanent residents living with a U.S. citizen parent may not need to naturalize at all—see INA Section 320 automatic acquisition.”
What Naturalization Means for Your Family’s Immigration Cases
Becoming a U.S. citizen through naturalization can have significant effects on any pending family immigration cases. If you have filed an I-130 petition for an unmarried son or daughter over 21 (F-2B), naturalization will automatically convert that petition to F-1 — the category for unmarried sons and daughters of U.S. citizens. In most cases this is beneficial because F-1 moves faster than F-2B. But for nationals of Mexico and the Philippines, F-2B may actually have a shorter wait than F-1. In those situations, the beneficiary can elect to retain F-2B classification and keep the original priority date under INA § 204(k). There is no deadline for making this election. Naturalization also accelerates the immigration of immediate family members. Once you are a U.S. citizen, any spouse or unmarried child under 21 becomes an immediate relative, meaning no more waiting for a visa to become available. If you have pending family petitions and are considering naturalization, it is worth reviewing how citizenship will affect each of those cases before you file the N-400. See: automatic citizenship for minor children
How we can Help
If you have a simple case, your application for citizenship through naturalization can proceed smoothly even when you file without the assistance of an immigration attorney. Some clients really want to gain citizenship through naturalization, and find any bureaucracy difficult. We can help by making the process easier, and work for you. We can also step in if your application has stalled after the interview.
Some clients find that the process of obtaining citizenship through naturalization uncovers problems of which the applicant was unaware, sometimes relating to residency, sometimes relating to old criminal convictions, and sometimes relating to taxes. A client may tackle the naturalization process on his or her own and then receive a denial of the N-400 after the interview. Immigration Law of Montana, P.C. can help with all these issues, and has helped many lawful permanent residents obtain citizenship through the naturalization process. Please contact us. Before filing, it is worth reading how the N-400 audits everything that came before it and requesting your own file first.
Related on this topic: federal court review after an N-336 denial.
Related on this topic: citizenship through military service.
Related on this topic: stepchild adoption as an alternative to waiting for a parent’s naturalization.
