Applying for citizenship

What are the basic requirements?

 

In order to become a citizen of the U.S., you must:

1. be at least 18 years old;

2. have been lawfully admitted for permanent residence;

3. have been continuously resident in the U.S. for 5 years (or for 3 years if you are a spouse of U.S. citizen);

4. have been physically present in the U.S. for half of those 5 years (or for half of 3 years if you are a spouse of U.S. citizen);

5. have good moral character;

6. be able to speak, read and write basic English;

7. pass a basic civics test;

8. be attached to the principles and values of the Constitution.

 

Where and when to file?

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You may apply for citizenship 90 calendar days before completing the 5-year period (or 3-year period if you are a spouse of U.S. citizen). You must have lived in a state for at least 3 months before filing in order to be able to file in that state.

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Is it free?

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Unfortunately, no. There is a $640 fee to file a Form N-400 (exceptions apply).  An extra $85 fee is required to process fingerprinting.  

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How long does it take?

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The time it takes to be naturalized varies by location. But the average waiting time is 6-12 months after the Form N-400 is filed.

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How the decision is made?

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The final decision usually is made at an interview. If not, U.S. Citizenship and Immigration Services (Government) will issue a decision before you can go to federal court to compel a decision.  An unfavorable decision may be appealed through the administrative procedure.  An unfavorable appeal decision may be appealed to federal court.

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What does it mean “lawful admission” for permanent residence?

 

It means that Government will check whether you obtained permanent residence legally. Government will review the basis for residence and events that occurred afterward to determine whether the residence was properly granted. For instance, all facts and circumstances will be reviewed again to make sure that Government did not make a mistake while granting the permanent residence or an applicant did not lie. Questions may be asked if, for instance, you obtained residence through marriage, but got divorced within a relatively short period of time after getting the green card.

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What does it mean “continuous residence”?

 

You bear a burden to show that you resided in the U.S. continuously for 5 years since becoming a permanent resident. Continuously means that you did not interrupt the continuity of residence by going outside of the U.S. for more than 6 months at a time.

 

What if I was outside the U.S. between 6 and 12 months? 

 

If you leave the U.S. for more than 6 months, but less than 1 year, it creates a presumption that you broke or disrupted your continuous residence. However, the presumption is rebuttable.  

 

What if I was outside the U.S. for 1 year or longer?

 

In almost all cases, if you leave the U.S.  for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit. 

 

What does it mean “physical presence”?

 

You are required to be physically present in the U.S. for half of the statutory 5-year period (or for half of 3 years if you are a spouse of U.S. citizen);

 

What is the difference between “physical presence” and “continuous residence”? 

 

Physical presence concerns the total number of days you were in the U.S. during the period required for your naturalization. Continuous residence concerns the time you resided lawfully in the U.S. without any single absence long enough to “break” that continuity for naturalization purposes. 

 

What does it mean to have “good moral character”?

 

It means that you comply with the common standards of the community. At the same time, the determination is fact-sensitive. Usually, Government would review criminal convictions and charges, failure to pay taxes or child support, false statements, the Selective Service registration, etc.

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What are “English and civics requirements”?

 

You must pass a language test in order to demonstrate your ability to understand spoken English, read, write, and speak.  Exceptions apply (e.g., older or long-term residents). In addition, you must pass a basic test in English civics (a basic knowledge of U.S. history and government). It is a 10-question exam. Questions will be randomly chosen from a list of 100 potential questions. 

 

What does it mean “support the Constitution and willingness to bear arms for the U.S.”?

 

You must affirm that you will obey the law (i.e., support the Constitution and the laws of the U.S.) and will bear arms on behalf of the U.S. (or, under some circumstances, agree to perform noncombatant civilian service in the time of war).

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Where can I find more information?

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Here. 

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MVDG Law can help you to go through this process. If you need our help or would like us to evaluate your case, please contact us.