Naturalization

Para obtener más información:

Descripción general:

Introduction to Naturalization
Benefits of Naturalization
Naturalization requirements
Naturalization process
Required documents for Naturalization
Naturalization fees
Naturalization processing time

1. Introduction to Naturalization

There are multiple ways for a person to become a citizen of the United States:

Birthright citizenship:

If you are born in the United States, you are awarded U.S. citizenship under the 14^th Amendment’s protection of birthright citizenship. According to the 14^th Amendment of the United States Constitution, “all individuals born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and of the state wherein they live.” [Amendment XIV, Section 1 of the United States Constitution]

Birth to U.S. citizen outside of the United States:

A person born outside the United States to U.S. citizens may be awarded U.S. citizenship. There are several specifics and conditions for this type of citizenship acquisition. If you were born outside the United States to U.S. citizens, you should consult with an immigration lawyer to discover if you qualify for U.S. citizenship through this method. [7 Foreign Affairs Manual 1110.]

Naturalization

Naturalization is the procedure by which a foreign citizen or national is awarded U.S. citizenship after meeting certain standards imposed by Congress. [USCIS Citizenship via Naturalization]

2. Benefits of naturalization

The ability to vote in U.S. elections.
The ability to travel with a U.S. passport
More alternatives for sponsoring family members to get immigration benefits in the United States
The ability to get citizenship for children born outside of the United States
Ability to live outside of the United States without fear of losing your status

3. Naturalization requirements

Age

To apply for naturalization, you must be at least 18 years old. [8 CFR Section 316.2(a)(1)]

Must be a U.S. lawful permanent resident

To naturalize, you must be a lawful permanent resident of the United States. [8 CFR Section 316.2(a)(2)]

Please keep in mind that during the naturalization interview, USCIS may inquire and examine how you became a permanent resident.

Continuous residence

To naturalize, you must have “continuously resided” in the United States for five years. This is one of the most perplexing naturalization criteria. To meet this criterion, you must be able to demonstrate that you have not had any extended absences from the United States. Absences from the United States for 6 months to a year are likely to be interpreted as a break in continuous residency unless you can demonstrate otherwise. Absences of more than a year will definitely be seen as a break in the continuity of residence. Section 316.2(a)(3) of the Code of Federal Regulations.

Absences of 6 months to 1 year will violate the continuity of residence requirement unless you can show that you did not disturb your continuity of residence.

Here is some helpful evidence to show that you did not disrupt your continuity of residence:

Demonstrating that you kept your job in the U.S.
Demonstrating that you did not work outside of the U.S.
Demonstrating that your immediate family stayed in the U.S.
Demonstrating that you maintained a residency in the U.S. (ex. Lease agreement, utility bills, etc.)

If you stay outside of the United States for more than a year, you will most likely be deemed to have disturbed the continuity of residence, and you will be unable to produce evidence.

Important points regarding continuous residence:

Reentry permits: A reentry permit will not keep you in your current domicile. If you leave the United States for more than six months with reentry permission, you may be allowed to re-enter the country, but the reentry permit will not assist you to maintain your “continuous residence.”
N-470: The N-470 is the Application to Preserve Residence for the Purposes of Naturalization. If you need to leave the United States for an extended length of time but want to maintain your “continuous residence”, N-470 might be a viable option. N-470 has highly precise specifications, and only a few people qualify.
If you’re married to a U.S. citizen, you must have three years of continuous residence instead of five. Certain candidates just need to demonstrate three years of continuous residency in the United States. To qualify, you must be a lawful permanent resident and demonstrate that you are married to a U.S. citizen spouse who was lived in a martial union with you for at least three years since becoming a permanent resident. This is a technical regulation that requires a thorough explanation.
Applying early: You may be able to apply for naturalization up to 90 days before fulfilling the continuous residency requirement. If you must demonstrate 5 years of continuous presence, you may be entitled to petition for naturalization after 4 years and 275 days. If you must demonstrate three years of continuous presence, you may be entitled to petition for naturalization after two years and 275 days.

3 months of residence in a State

To qualify for citizenship, you must demonstrate that you have lived in the state or service district where you want to petition for naturalization for at least three months before filing your application. Section 316.2(a)(3) of the Code of Federal Regulations.

Special rule if you’re married to a U.S. citizen: If you are seeking citizenship early and you’re married to a U.S. citizen, you must demonstrate that you lived in a specific state for at least six months before your naturalization interview (not 3 months before filing the application for naturalization).

Physical presence:

You must demonstrate that you have been physically present in the United States as a permanent resident for at least half of the five years before your application. This requirement is simpler than the “continuous residency” requirement. You must demonstrate that you have been physically present in the United States for at least 30 months in the previous five years to meet this requirement. Section 316.2(a)(4) of the Code of Federal Regulations.

Special rule if you’re married to a U.S. citizen: For some applicants, you just need to establish that you’ve been physically present in the U.S. as a lawful permanent resident for half of the preceding three years (rather than the full five years) before filing for naturalization. You must be a lawful resident and demonstrate that you are married to a spouse who’s a U.S. citizen to qualify. You must prove that you’ve lived in a marital union with your U.S. citizen spouse for at least three years since becoming a permanent resident. Section 319.1(a)(4) of the Code of Federal Regulations.

Good moral character:

You must demonstrate that you’ve been a person of high moral character for the past 5 years before completing your citizenship application. USCIS considers various variables, including past criminal convictions, drinking habits, tax payment history, and so on to decide if you meet this condition. [8 CFR Section 316] Formalized paraphrase.10]

Special rule if married to a U.S. citizen: For some candidates, you just need to demonstrate that you have a good moral character for the past three years instead of five years before filing for citizenship. To qualify, you must be a lawful permanent resident married to a U.S. citizen and you must have lived with your spouse for at least one year. Your marriage partnership with a permanent resident must have lasted at least three years.

For a minimum of a year, au pairs offer childcare while residing with an American family. There is a 12-month extension option. Au pairs are compensated with a stipend and lodging in return for their labor. Additionally, au pairs must finish at least six hours of academic credit at a U.S. university.

Reasons that can denote you as an individual that lacks good moral character include:

Committing one or more “moral turpitude offenses” (CIMT)
Participating in prostitution
If you’ve broken any laws concerning restricted drugs (other than a single offense for simple possession of 30 grams of marijuana or less)
If you’ve been implicated in illegal immigrant trafficking
If you have participated in polygamy

In addition to these considerations, USCIS can find that someone lacks strong moral character in a variety of additional ways. Before seeking citizenship, you should consult with an expert immigration lawyer.

Applying for naturalization with a specific criminal record might result in significant immigration repercussions, such as being permanently unable to naturalize or even being placed in removal proceedings. For these reasons, it’s important to speak with an immigration attorney before submitting your naturalization application.

English proficiency

You must demonstrate a knowledge of the English language to naturalize. You will show this by reading and writing an English sentence. [8 CFR Section 316.10]

To assess your knowledge, you must complete a 10-question exam and answer at least 6 of the 10 questions correctly. There are several study tools available to assist you in passing the civics exam.

Oath of Allegiance

You must sign an oath promising to uphold and protect the constitution to naturalize [8 CFR Section 316] Formalized paraphrase .11] If certain conditions are met, you may be able to swear a modified Oath of Allegiance.

4. Naturalization process

The process of naturalization to become a U.S. citizen consists of 4 main steps:

File Form N-400
Attend biometrics appointment
Attend naturalization interview
Oath of Allegiance ceremony

File Form N-400

The N-400 is the Naturalization Application. This is the form that must be submitted to USCIS to apply for citizenship. The N-400 can be submitted online or on paper.

Attend biometrics appointment

You will receive a notice in the mail about 4 to 6 weeks after submitting Form N-400 to attend an obligatory biometrics appointment. Your fingerprints will be digitally captured during the biometrics appointment.

Attend naturalization interview

You will be called in for a naturalization interview many months after filing Form N-400 and attending the biometrics appointment. During the citizenship interview, you will be asked a series of questions concerning your application for naturalization (Form N-400). You will also take your English proficiency test and civics test during the naturalization interview.

Attend the Oath of Allegiance ceremony

You will be required to swear the Oath of Allegiance around 2 to 4 weeks after your successful naturalization interview. At this ceremony, you must take an oath affirming that you will uphold and protect the Constitution, among other things. Following the Oath of Allegiance, you will be given your Certificate of Naturalization.

5. Required documents for Naturalization

To apply for naturalization, you must submit a number of papers in addition to your Form N-400. The documentation you must provide will be determined by the facts of your specific situation. Here is a broad list of papers you may need to provide with your application:

2 passport photos
Copy of Green Card (Form I-551)
Copy of driver’s license
Copy of your marriage certificate (if applicable)
Evidence of name change (if applicable)
Tax returns for the past 5 years (or 3 years in specific cases)
Evidence that you’ve maintained continuous residence in the U.S.

6. Naturalization fees

The current filing fee for the N-400 at the time of this guide’s publishing is $640. There is an extra $85 fee for biometrics costs, so the total charge is $725.

7. Naturalization processing time
Naturalization processes normally take 10-14 months from start to end. The processing period will differ based on the jurisdiction in which you file your naturalization application. Some jurisdictions have a faster naturalization processing time than others.