• By: Nancy Robinett, Esq.
US Passport Held in Hand, Symbolizing Naturalization

Becoming a naturalized citizen in the United States is a powerful action, and gives an immigrant stability and belonging in this country.

This comes with both rights and responsibilities: a U.S. citizen can vote and is fully eligible to participate in American democracy.

Who Can File For Naturalization?

Naturalization is the application process to become a U.S. citizen from a person who is not yet a U.S. citizen. A naturalization applicant has to first be a U.S. lawful permanent resident, or green card holder.

If you have a green card, you can then consider becoming a U.S. citizen as long as you meet several conditions. These include:

  • You live in the USA;
  • You have spent more than 50% of your time in the USA in the recent past;
  • If you have spent over 6 months outside the USA at a single time, since obtaining a green card, you may face additional inquiry into whether you abandoned your green card status;
  • You are current on your federal tax obligations;
  • You have good moral character. This includes a review of criminal history, but can also include non-criminal issues, such as failure to pay child support or otherwise support children;
  • You do not have a disqualifying criminal history. Any criminal conviction is of concern, no matter how long ago. Some criminal convictions will prevent you from becoming a U.S. citizen.
  • You must be able to pass a civics test, and must have basic fluency in English: this includes talking in an interview, and reading and writing a simple sentence.

Timing Issues

A person must be in green card status for a period of time before being allowed to file for citizenship. The general rule is to wait 5 years from the start of green card status. If a person is married to and living with a U.S. citizen spouse, the wait is only 3 years. If a person joins the U.S. military, the wait is often even less time.

What Happens In The Citizenship Application Process?

The applicant turns in the N-400 application;

The applicant has a background check. The applicant might be scheduled for biometrics, or the USCIS might be able to re-use earlier biometics on file for the application.

The applicant is scheduled for a face to face interview at a local USCIS office. During this interview the applicant is tested for civics, and reading and writing in English. If any of these tests are failed, the interview will stop. The applicant will be given up to 2 additional chances to pass the failed test, at an additional scheduled interview. If the applicant canโ€™t pass the tests, then the application is denied.

During the interview, the applicant answers questions based on the N-400 that was submitted. The applicant is often also asked about information submitted on earlier immigration filings, as the USCIS reviews earlier filings as part of the N-400 application process.

After successfully completing the face to face interview, the applicant will be scheduled for an oath ceremony. Citizenship is not conferred on the applicant until they attend an oath ceremony, get sworn in, and are handed their certificate of naturalization.

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