Immigrants from across the globe have aspirations of achieving the American dream. Landing in the home of opportunities is just the beginning of a lengthy road to citizenship. The majority of immigrants reside in the U.S. lawfully by obtaining a green card. There are 4 major paths to seeking citizenship in the U.S. for immigrants: citizenship by naturalization, through marriage, through birth, and military service. This blog focuses on the details of qualifying for US citizenship.
Naturalization Requirements for U.S. Citizenship
The most frequent approach for most individuals to start the journey of becoming a citizen is to apply for a US green card. Naturalization is the most common way for immigrants to become citizens of the United States. Although there are numerous approaches to citizenship through naturalization, there are several common conditions that hold in most cases.
For most scenarios, if you choose to become a citizen of the United States, you should meet the following basic requirements:
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You should be able to show that you can communicate, write and read using basic English, with some exclusions dependent on the applicant's age
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You have to demonstrate that you've been an individual of good moral conduct for at least 5 years from the date on which you completed Form N-400
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When submitting Form N-400, you should be over the age of 18
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Before applying for citizenship, you should be able to show that you once were legitimately admitted and are a continuous resident of the United States for not less than 5 years
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You must demonstrate that you indeed were physically available in the US for a minimum of 30 months throughout that period
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You need to show proof that you lived in the USCIS district or same state for at least three months
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You should demonstrate that you are familiar with and fully comprehend how the United States government operates, as well as the principles of our history
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You also have to prove that you care about these principles on a personal level, which includes demonstrating that you respect the democratic process and will abide by the laws
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You are required to take an Oath of Allegiance to the state
A green card is crucial for becoming a naturalized US citizen. Having a green card implies that you're a legal resident of the State. You are entitled to work and live anywhere in the country. You could be eligiblefor a green card if you meet the following criteria:
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If you have a family member or relative legally living in the US, that would sponsor you: A United States citizen can sponsor an unmarried child under the age of 21, a spouse, and parents right away. The waiting period for these relatives to acquire a green card is normally short. In addition, a US citizen could also support his or her brothers and sisters, an unmarried child over the age of 21, and a married adult child. These relatives and family members would have to wait a couple of years before they can apply for a green card
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If you got a suitable job offer: If you're relocating to the US for a permanent job, your employer would apply for a green card on your behalf. Immigrants with exceptional skills don't require a sponsor and could petition for themselves
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If you're legally present in the US as an asylum or refugee: If you fall into one of these subgroups and have been in the US for not less than one year, you could apply for a green card
Residency Requirements For Naturalization
There are different kinds of residency requirements that you should meet to qualify for U.S. citizenship through naturalization. The USCIS residency requirements make sure that you have resided in the US while in possession of a valid green card.
You should demonstrate that you have had a permanent residence in the US for a minimum of five years before the date of application. So, if you decide to apply for citizenship in May 2022, it means that you should have had a green card from May 2017.
Additionally, you should demonstrate that you physically were in the country for 2 and a half years of the 5 years. This means you'll have to demonstrate and show proof that indeed you were physically present in the country for that specified duration. In addition, you must also demonstrate that you have stayed in the USCIS district or same state for not less than 30 months.
Personal Requirements For Naturalization
Personal requirements for a U.S. citizenship application involve knowing the country and its history. Personal qualifications for naturalization confirm that you are of legal age, that you're a moral person, and that you know the English language and the government of the United States.
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You must either be 18 years of age or older on the day of registering your application for obtaining citizenship
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During the citizenship exam, your ability to speak, write, and read English will be assessed.
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You'll also need a basic understanding of the US government and its history
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Finally, you should have high moral standards. This indicates that you're a law-abiding citizen who will contribute to society
After your application has been approved, you'll be required to take the Oath of Allegiance. You must finish this stage. You cannot become a citizen of the United States if you do not take the Oath of Allegiance.
Following your citizenship interview, you will receive a notification in your mail with details of the ceremony's time, date, and place. The ceremony often takes place at the USCIS office or a local courthouse. The length of time required to plan the ceremony differs depending on the jurisdiction.
Once you have checked in, you will be requested to surrender your green card. After the ceremony, you will be given a Certificate of Naturalization. You can then commence your new life as a citizen of the United States.
Naturalization takes between eighteen and a half months to 24 months from the date you submit your citizenship petition to the moment you take the Oath of Allegiance.
Obtaining Citizenship Via Marriage
If you're a naturalized citizen engaged to a US citizen, you could be eligible for citizenship after only 3 years. This is a huge benefit since it normally takes five years for a legal permanent resident to apply for citizenship. To be eligible, you should have stayed in the United States continuously for 3 years before filing Form N-400, well known as Application for Naturalization. You should have been wedded to a US citizen for the entire duration, and your partner must have also been a U.S. citizen.
The Immigration and Nationality Act lays out all of the conditions for citizenship for a three-year legal permanent occupant engaged to a US national. Form I-130 formalizes your relationship with your spouse. You'll be required to submit documentation like a marriage certificate to confirm your marriage.
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If a foreign partner is already legitimately living in the US with a citizen, they could file Form I-130 and change the status simultaneously. Form I-485, also known as Application to Adjust Status or Register Permanent Residence, is another form that should be filled. Both documents can be sent in at the same time
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On the other hand, if a foreign spouse lives outside the country, they should first wait for a visa to be present, then go to a consulate or embassy for an interview. Once the immigrant partner has been accepted to the US, they can seek an adjustment of status by completing Form I-485
Marriage Interview
You will be required to disclose more details about your marriage to the immigration interviewing official. The United States government goes to great lengths to deter marriage fraud. The interviewing officer will ask personal questions during the marriage interview to assess whether or not your engagement is genuine. You would anticipate being asked questions about the following topics:
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Your previous relationships
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Questions concerning who is accountable for covering expenses or cooking
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Personal information such as birthdays
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In-depth questions regarding your wedding
Residency Requirements
Upon receiving the green card, an immigrant partner would not be allowed to seek naturalization. Several residence standards must be met beforehand.
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Before registering for US citizenship, you should have been a green card holder for not less than three years
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During the 3 years, you should have been a continuous inhabitant of the State and demonstrated that you were physically available in the country for the past one and a half years
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Your partner should have been a citizen during those 3 years, and you should have lived as a wedded couple during that time
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You should also have lived in a USCIS district or a similar state that is processing your claim for 3 months
Personal Requirements
Personal criteria for getting U.S. citizenship include mastering and learning the basics of the English language as well as United States civics. These qualifications are identical to those that most immigrants should complete becoming legal residents, which include the following:
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You must be over the age of eighteen to participate
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You should be able to speak, understand, write, and read the English language
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You should have gained legal entry into the United States. An undocumented foreigner who marries a US citizen would face more difficulties in obtaining citizenship
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You should be a morally upright individual. This implies that you are a generally decent individual who pays child support, taxes and has not violated any major laws
Qualifying For Citizenship Through Parents
One can get U.S. citizenship through a parent if he or she is a child of an American citizen. The qualifications vary depending on whether one or all of your parents are citizens. In addition, your status will apply if you were adopted by a single parent who is a US citizen as will be explained later in the blog.
U.S. Citizenship by Birth
According to the 14th Amendment to the US Constitution, "all individuals born or registered in the US, and under the law thereof, are US citizens as well as citizens of the State in which they live."
If both parents are US nationals and married, a child automatically becomes a US citizen, irrespective of whether he or she was born outside of the country. Before your birth, one of your parents should have physically resided in the US. If you meet the requirements, you could easily seek a Certificate of Citizenship.
One Parent is a Citizen of the United States
You could still become a US citizen if one of your parents is a US citizen. To be eligible, the child's parents should be married. In addition, the U.S. parent should have physically resided in a region or state for the last five years before the child's birth.
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Two of those years had to have occurred after the US parent had attained the age of 14
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The US parent could still be eligible if he or she spent time serving in the military forces, working for the government, or working for certain foreign organizations while outside the US
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The child must have been born on or after November 14, 1986
Parents Who Are Not Married
According to the USCIS, even if the parents are not married, a child can get citizenship in one of the following ways:
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When the minor was born, the mother was a United States citizen who had lived in the country for more than a year
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At the time of the child's birth, the child's biological father was a US citizen. The father should be able to prove that he is the genetic father of the minor
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The father also should have spent five years in the US, two of which were after he turned fourteen years old. In addition, the father has to pledge in writing to give financial assistance until the child reaches the age of eighteen
After-Birth Citizenship
Citizenship can be obtained after birth. If the minor was born after February 27, 2001, he or she could become a citizen of the United States if he or she meets the following requirements:
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One of the parents is a citizen of the United States
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The child should be below 18 years
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The parent with US citizenship should have physical and legal custody of the minor
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The child has to be a permanent resident of the US
Children born before February 27, 2001, are subjected to different standards.
Adoption as a Path to Citizenship
Adoption allows certain children to become citizens of the United States. Adoptive parents who wish their children to become US citizens should have physical and legal custody. The child could become a citizen of the US when either of the requirements mentioned below has been satisfied:
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They have been lawfully living with the child in the US for a minimum of 2 years, and the child was adopted before he or she reached 16 years of age
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The child should have come into the U.S. as a Convention adoptee or as an orphan (IR-4) or to be adopted. His or her parents should have adopted the minor before he/she reached the age of eighteen
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The child had been adopted outside of the US before turning 18 years old and he or she was brought into the US as a Convention adoptee or as an orphan
Citizenship by Birth in United States Territory
Even though you were not born in the US, you could be eligible for citizenship by birth since you were born in one of the United States territories, such as the Virgin Islands, Puerto Rico, the Northern Mariana Islands, or Guam.
This rule does have one exception. Even though you were born in a United States territory, you can't obtain citizenship by birth when your parents are foreign diplomats or part of a supreme Native American tribe.
Qualifying For Citizenship Through the Military
Citizenship in the United States can be obtained through military service. You may be able to qualify for naturalization provided you served respectably in the military.
Personal Requirements For Citizenship Through Military
Naturalization through military service has personal requirements that are quite comparable to a 5-year holder of a green card.
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You have to be a morally upright individual. That implies you haven't been charged with a major offense, you pay taxes, you make child support payments, and you're usually regarded as a respectable member of society
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You should be 18 years of age to participate
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You must be able to communicate in English, both verbally and in writing
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You should have a primary knowledge of the United States history and government
Providing Service During a Time of Conflict
Varying criteria are depending on whether you were in military service during periods of war or peace. The US has been in an era of conflict since the 11th of September in 2001.
An individual who served during a hostile period can seek naturalization immediately.
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They should honorably execute their service in the military
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Residency criteria might not apply
Service During Peacetime
The standards for people who serve during peacetime are different. If you meet the following criteria, you could seek naturalization:
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Served honorably in the military for no less than a year
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You got a green card
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You submitted the request while you were still in the military or within 6 months of being discharged
Find an Los Angeles Immigration Attorney Near Me
For your US qualification process to be successful, you need to have a thorough knowledge of the procedures involved as well as meticulous preparations at all times. If you're thinking about obtaining US citizenship through one of these paths, an immigration lawyer could assist you in understanding the process and provide professional counsel. Call us today at 424-789-8809 to speak with the California Immigration Attorney who will guide you through each step and defend your legal rights.