Becoming a United States citizen is a significant milestone that offers new rights and opportunities. While many people become citizens by birth, others qualify through a legal process known as naturalization. Understanding the different pathways to citizenship can help immigrants determine which option may apply to their circumstances.
What is U.S. Citizenship?
U.S. citizenship is a legal status that provides individuals with the full rights and protections available under federal law. Citizens may vote in federal elections, apply for certain government jobs, obtain a U.S. passport, petition for additional family members to immigrate, and are protected from deportation in most circumstances.
While there are several ways to become a U.S. citizen, naturalization is the most common path for lawful permanent residents.
What is Naturalization?
Naturalization is the process through which a lawful permanent resident (green card holder) voluntarily becomes a U.S. citizen after meeting specific legal requirements. Applicants must demonstrate that they meet eligibility criteria established by federal immigration law and successfully complete the application process.
- Citizenship at birth: Some individuals automatically acquire U.S. citizenship at birth. This generally includes:
- People born within the United States or certain U.S. territories.
- Children born abroad to U.S. citizen parent(s) who meet legal requirements for transmitting citizenship.
The rules governing citizenship for children born outside the United States depend on several factors, including the parents’ citizenship status and physical presence in the United States before the child’s birth.
- Citizenship after birth: Some children may automatically become U.S. citizens after birth if certain legal requirements are met. Depending on the circumstances, citizenship may be acquired or derived when:
- A parent becomes a naturalized U.S. citizen.
- The child is under the required age established by law.
- The child is a lawful permanent resident.
- The child resides in the legal and physical custody of the U.S. citizen parent.
Because these rules are highly fact-specific, eligibility often depends on the child’s age, immigration history, and family circumstances.
Naturalization Through Lawful Permanent Residence
Most naturalization applicants qualify after holding lawful permanent resident status for a required period.
In many cases, applicants must have:
- Been a lawful permanent resident for at least five years
- Maintained continuous residence in the United States
- Been physically present in the United States for the required amount of time
- Lived in the state or district where they apply for a minimum period
- Demonstrated good moral character
- Passed English and civics requirements (unless an exemption applies)
- Taken the Oath of Allegiance
Naturalization Through Marriage to a U.S. Citizen
Some lawful permanent residents may qualify for naturalization sooner if they are married to a U.S. citizen.
Generally, applicants may qualify after three years if they:
- Have continuously lived as a lawful permanent resident for at least three years.
- Have been living in marital union with the same U.S. citizen spouse during that period.
- Meet all other naturalization requirements.
If the marriage ends before naturalization or other eligibility requirements are not met, the applicant may instead qualify under the standard five-year rule.
Naturalization Through Military Service
Members of the U.S. armed forces may qualify for expedited naturalization under special provisions of federal law.
Depending on the applicant’s service, benefits may include:
- Reduced residency requirements
- Expedited processing
- Waived filing fees in some cases
- Special eligibility during periods of armed conflict
Military family members may also qualify for certain immigration benefits under specific circumstances.
Basic Eligibility Requirements
Although every situation is unique, most naturalization applicants must demonstrate that they:
- Are at least 18 years old.
- Hold lawful permanent resident status.
- Meet residency and physical presence requirements.
- Can read, write, and speak basic English.
- Understand basic U.S. history and government.
- Have good moral character.
- Support the principles of the U.S. Constitution.
Steps to Naturalization
The steps to naturalization include the following:
- Confirm eligibility. Applicants should first determine whether they meet all legal requirements before submitting an application.
- File the naturalization application. Applicants complete and submit the required naturalization forms along with supporting documentation and filing fees, if applicable.
- Attend a biometrics appointment. Most applicants will be scheduled to provide fingerprints, photographs, and a signature so the government can complete background checks.
- Complete the naturalization interview. During the interview, an immigration officer reviews the application, asks questions about eligibility, and verifies supporting documentation.
- Take the English and civics tests. Unless exempt, applicants must demonstrate English language proficiency and knowledge of U.S. history and government.
- Receive a decision. The government may approve, continue, or deny the application depending on whether additional information is needed and whether all legal requirements have been satisfied.
- Take the oath of allegiance. Applicants generally become U.S. citizens after taking the Oath of Allegiance during a naturalization ceremony.
FAQs
Q: How long does it take to become a U.S. citizen?
A: Processing times vary depending on application volume, location, and individual circumstances. U.S. citizenship through naturalization typically takes 12 to 18 months once you apply, but some cases move more quickly than others.
Q: Can I travel while my naturalization application is pending?
A: In many cases, yes. However, lengthy trips outside the United States could affect eligibility, particularly if they interrupt continuous residence requirements.
Q: Do I have to give up my original citizenship?
A: The United States generally allows dual citizenship, but another country may have different laws regarding multiple citizenships.
Q: What happens if I fail the citizenship test?
A: Applicants who do not pass one or both portions of the English or civics test are generally given another opportunity to take the failed portion at a later date.
Q: Can a criminal record prevent naturalization?
A: It can, depending on the nature of the offense, when it occurred, and whether it affects the applicant’s ability to demonstrate good moral character.
Contact Us Today
Many foreigners want to live in the United States. Who doesn’t want to live the American dream?
However, becoming a citizen is not exactly easy. There are a couple of main pathways with many steps involved. Andrew T. Thomas, Attorneys at Law, helps individuals and families across Texas with citizenship and naturalization matters. We can discuss your situation and help you move forward with the citizenship process. Schedule a consultation today by calling (972) 666-7568 or filling out the online form.
