Naturalization: A Journey and Beyond

By: Harleen Dugal

Deciding to become a  citizen of the United States is one of the most important decisions an immigrant has to make. For individuals not born in the U.S., Naturalization or Acquisition are the only paths to becoming a U.S. citizen. Naturalization is the process by which U.S. Citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

• In order to obtain citizenship through naturalization an applicant must meet at least one of the following requirements: Lawful Permanent Resident of 5 Years
• Married to a U.S. Citizen
• Serving in the U.S. Military 
• Child of a U.S. Citizen

Typically, to become eligible to apply for Naturalization a prospective applicant must:

• Be at least 18 years of age at the time you file the application;
• As defined under § 316.5, they must have been a lawful permanent resident for the past three or five years (depending on which naturalization category they are applying under);
• Have continuous residence and physical presence in the United States; (depending on which naturalization category you are applying under);
• Be able to read, write, and speak basic English; Individuals who feel as though they  may be exempt   from this requirement, should immediately call an immigration attorney for an exemption eligibility consultation.  
• Demonstrate good moral character.
• Demonstrate a knowledge and understanding of U.S. history and government.
• Demonstrate a loyalty to the principles of the U.S. Constitution; and
• Be willing to take the Oath of Allegiance.

1. Lawful Permanent Resident of 5 Years:

The most common path to U.S. citizenship through naturalization is being a lawful permanent resident (LPR) for at least five years. To qualify for Naturalization through this method you must:

• Prove you have been a lawfully admitted permanent resident of the United States for at least five years;
• Demonstrate continuous residence in the United States for at least five years immediately before the date you file Form N-400.  
• Prove you have been physically present in the United States for at least 30 months out of the five years immediately before the date you file Form N-400
• Prove you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence. (If you are a student and are financially dependent on your parents, you may apply for naturalization where you go to school or where your family lives);

A skilled attorney can help you assess your individual situation. Providing case specific advice if you believe you may not meet one of the above requirements.

2. Married to a U.S. Citizen and being a Lawful Permanent Resident for 3 years.

Being in a bona-fide marriage with a U.S Citizen can make you eligible to apply for Naturalization after 3 years of marriage. However,  you will need to fulfil some specific eligibility criteria.

Applicants must provide evidence that their spouse has been a U.S. citizen for at least 3 years at the time they file Form N-400.  In addition, they will need to demonstrate the couple has lived in the marital union for at least 3 years at the time Form N-400 is filed.

General eligibility requirements for naturalization under section 319(a) of the INA, include:

• Being a lawful permanent resident of the United States for at least three years before the date you file Form N-400;
• Prove you have been living in a marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while USCIS adjudicate your application;
• Prove you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence;
• Provide evidence that you have maintained continuous residence in the United States as a lawful permanent resident for at least three years immediately before the date you file your application;
• Reside continuously within the United States from the date you filed your application until the date you naturalize;
• Be physically present in the United States for at least 18 months out of the three years immediately before the date you file your application;

3. Serving in the U.S. Military 

If you are serving or have served in the U.S. armed forces and are interested in becoming a U.S. citizen, you may be eligible to apply for naturalization under special provisions of the Immigration and Nationality Act (INA). As a current or former member of the U.S. military, certain other naturalization requirements may not apply to you; for example, if you served honorably during a designated period of hostilities, you may not have to reside in or be physically present in the U.S. for any length of time before you apply for naturalization.

4. Child of a U.S. Citizen

There are two ways to obtain citizenship through U.S. citizen parents: at birth, and after birth but before the age of 18. Congress has enacted laws that determine how citizenship is conveyed by a U.S. citizen parent (or parents) to children born outside of the United States.

A child may qualify for Acquisition of Citizenship at the time of birth.. In general, these laws require that at least one parent was a U.S. citizen, and the U.S. citizen parent had lived in the United States for a period of time. 

Conclusion

Citizenship is a unique bond that unites people around civic ideals and a belief in the rights and freedoms guaranteed by the U.S. Constitution.  Being a land of Immigrants; United States of America has welcomed one and all irrespective of their color, caste, sex or religion to fulfill their dreams in this land of opportunities. For many immigrants, getting a U.S. Citizenship is a dream come true specially when they have waited for several years before they take the Oath of Allegiance.

If you are in the United States as a Permanent Resident and believe that you qualify for Naturalization, please contact the trusted immigration attorneys at Chugh, LLP.  Our immigration professionals will discuss all available options and answer any questions you may have as you embark on the journey to becoming a U.S citizen.