Introduction
Becoming a U.S. citizen is one of the most significant milestones in an immigrant’s journey. Naturalization grants lawful permanent residents full rights and responsibilities under the U.S. Constitution, including the right to vote, access to a U.S. passport, and the ability to sponsor family members. While the process is well-defined, it can also be complex. This guide provides a comprehensive overview of the paths to citizenship, eligibility requirements, application process, timeline, and benefits.
Paths to Citizenship: What Are the Four Ways to Become a U.S. Citizen?
There are four main avenues to acquiring U.S. citizenship:
- Birth in the United States, which generally grants automatic citizenship under the 14th Amendment, unless the individual is born to foreign diplomats or certain non-immigrant officials who are not subject to U.S. jurisdiction.
- Second, individuals may derive or acquire citizenship at birth or before the age of 18 through U.S. citizen parents.
- Third, naturalization is available to lawful permanent residents who meet specific eligibility criteria.
- Finally, expedited naturalization is available for certain individuals who serve honorably in the U.S. armed forces under special provisions.
Benefits of U.S. Citizenship
Becoming a U.S. citizen comes with a host of meaningful benefits that go beyond just holding a passport. One of the most important is the right to vote in federal, state, and local elections which gives you a direct voice in shaping the country’s future. Citizenship also provides strong legal protections, including protection from deportation, except in rare cases of denaturalization due to fraud or other grounds under INA § 340, and access to government jobs and programs that are only available to U.S. citizens. When it comes to sponsoring family members, U.S. citizens have more options than permanent residents. In addition to spouses and unmarried children, U.S. citizens can petition for their parents and siblings, which are categories not available to green card holders. They can also sponsor their unmarried children under age 21 without being subject to lengthy visa backlogs. These expanded sponsorship rights, along with other privileges, reflect the full benefits of citizenship and deeper integration into American civic and legal life.
Eligibility Requirements: Who Can Apply for Naturalization?
To qualify for naturalization, an applicant must generally be at least 18 years old and have held lawful permanent resident status for at least five years. Those married to U.S. citizens may apply after three years, provided they have been living in marital union with their U.S. citizen spouse for at least three years and the spouse has been a U.S. citizen during that time. Additional requirements include continuous residence and physical presence in the U.S., good moral character, the ability to read, write, and speak basic English, and knowledge of U.S. history and government. Applicants must also be willing to take the Oath of Allegiance, affirming loyalty to the United States.
Is It Hard to Get U.S. Citizenship? Understanding Timelines and Expedited Paths
The naturalization process is structured but can present challenges, depending on the applicant’s individual circumstances. Navigating the legal, procedural, and evidentiary requirements can be complex, especially when issues such as prolonged absences from the U.S., tax delinquencies, or past criminal offenses are involved. Despite these potential obstacles, most applicants can successfully complete the process with thorough preparation and, when necessary, the assistance of experienced legal counsel.
A critical element of eligibility is meeting the residency requirement. Most applicants must wait five years from the date they became lawful permanent residents before applying for naturalization. However, certain individuals benefit from expedited timelines. Spouses of U.S. citizens, for instance, may apply after just three years of residency, provided they have lived in marital union with their citizen spouse during that time. USCIS also permits early filing, up to 90 days before the applicant reaches the three or five year residency threshold which allows for greater flexibility in planning.
An informal guideline often referenced in this context is the “3-3-3 rule” which applies specifically to spouses of U.S. citizens. This rule signifies that the applicant must have held a green card for three years, been married to a U.S. citizen for three years, and lived in marital union for the full three year period preceding the application. Satisfying this rule simplifies the eligibility analysis and supports a more straightforward path to citizenship. Note: The ‘3-3-3 rule’ is a helpful informal guideline, not a formal USCIS regulation.
For individuals pursuing the most expedited path to U.S. citizenship, naturalization through military service or marriage to a U.S. citizen offers the most direct route. Eligible members of the U.S. armed forces may qualify for accelerated naturalization under specific statutory provisions, which would allow them to bypass conventional residency requirements entirely. Similarly, spouses of U.S. citizens benefit from shortened residency periods and, in many cases, benefit from a more efficient and streamlined adjudication process.
Overview of the Naturalization Process
The naturalization process involves a series of legal and procedural steps through which a lawful permanent resident becomes a U.S. citizen. Understanding each stage is crucial to successfully navigating the journey. Here is a step-by-step overview:
1. Prepare and Submit Form N-400
The process begins by completing and submitting Form N-400, Application for Naturalization, to U.S. Citizenship and Immigration Services (USCIS). This includes gathering supporting documents and paying the required filing and biometrics fees.
2. Attend Biometrics Appointment
After submission, USCIS will schedule a biometrics appointment, during which the applicant’s fingerprints, photograph, and signature will be collected for background checks.
3. Complete the Naturalization Interview and Tests
The applicant then attends an interview with a USCIS officer. During the interview, the officer will review the application, verify the applicant’s eligibility, and administer the English language and civics tests.
4. Receive a Decision from USCIS
Following the interview, USCIS will issue a decision: approval, continuation (if more information is needed), or denial. If approved, the applicant will proceed to the final step.
5. Attend the Oath of Allegiance Ceremony
The process concludes with the Oath of Allegiance ceremony. Upon taking the oath, the applicant becomes a naturalized U.S. citizen and receives a Certificate of Naturalization.
Fees and Processing Time: How Long Does the Naturalization Process Take?
As of April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) updated the filing fees for Form N-400, Application for Naturalization. The current fee is $710 for applications submitted online and $760 for those submitted by paper. These amounts are all-inclusive, as USCIS has eliminated the separate biometrics fee that was previously required.
Applicants with household income at or below 400% of the Federal Poverty Guidelines may qualify for a reduced naturalization fee of $380, provided they are not receiving means-tested benefits, by submitting Form I-942 with supporting financial documentation. This reduced fee can be requested directly on Form N-400, provided the applicant submits the appropriate financial documentation. For those facing financial hardship and unable to afford the standard or reduced fees, a full fee waiver may be available. To request a waiver, applicants must file Form I-912, Request for Fee Waiver, along with evidence demonstrating that they meet the eligibility criteria.
In terms of processing time, USCIS currently aims to adjudicate naturalization applications within six to eight months from the date of filing. However, actual timelines may vary based on factors such as the applicant’s geographic location, the caseload at the assigned USCIS field office, and the complexity of the individual case. To stay informed, applicants are encouraged to create a USCIS online account, which allows them to receive real time updates, communicate directly with USCIS, and view estimated case completion times. Although USCIS strives to process applications efficiently, delays can still occur due to backlogs or requests for additional evidence. Submitting a complete, well prepared application can help reduce the risk of processing delays.
FAQs About the Naturalization Process
One common question is whether it’s possible to apply for citizenship while living abroad. While the application may, in some cases, be submitted from outside the United States, applicants must still meet strict physical presence and continuous residence requirements. Prolonged absences from the U.S. can disrupt eligibility and may delay or even jeopardize the approval of an application.
Another frequent concern is what happens if a naturalization application is denied. In these cases, applicants have the right to request a hearing before a USCIS officer or file an appeal within 30 days of the decision. It is important to understand that a denial of citizenship does not affect the applicant’s lawful permanent resident status. These individuals remain green card holders and may continue to live and work in the United States.
Questions also arise regarding children and derivative citizenship. In many cases, a minor child automatically becomes a U.S. citizen when at least one parent naturalizes, provided the child is a lawful permanent resident, resides in the United States in the legal and physical custody of the parent, and is under the age of 18 at the time of the parent’s naturalization, pursuant to INA § 320.
Conclusion
Naturalization is more than just the final step in an immigration journey. It is a meaningful declaration of commitment to the United States and a transition into full civic participation. While the process requires careful preparation, attention to detail, and a solid understanding of the eligibility requirements, the benefits of citizenship are significant and lasting. If you are thinking about applying for U.S. citizenship, seeking an experienced immigration attorney can make a substantial difference in ensuring a smooth and successful application. Reach out to an experienced immigration attorney today to get started on your path to becoming a U.S. citizen.
