If you are not born a United States Citizen, you may still be eligible for citizenship through the normal naturalization process. Naturalization is an administrative process that requires a non-citizen to comply with a whole host of immigration laws. In order to obtain citizenship through Naturalization, the following requirements must generally be met:
- Residence in the U.S. as a legal permanent resident for 5 years, more than half of which include a physical presence in the U.S.
- The individual seeking citizenship must not have another permanent residency in any other country during such time.
- Meet requirements for “good character”
- Interview with U.S. Citizenship and Immigration Services (US CIS)
The application and interview process for U.S. citizenship can be complicated and time consuming. Our immigration law firm can help you navigate the very complex requirements and procedural rules of the application process.
Generally, an N-400 Citizenship Application is filed 5 years after getting lawful permanent residence (LPR or CPR which is conditional permanent residence); but if a person is married to a US citizen then the filing can take place 3 years after LPR or CPR.
- To be more exact, the government will accept the N-400 filing 3 months prior to the 5-year or 3-year mark.
Absences of more than 6 months in a row stop the 5-year or 3-year LPR counting clock. And don’t forget, you have to be a resident of a US state “continuously” for three months prior to filing – but travel outside the US is permitted during that time.
Contact our firm for information about the process you will need, the law on retaining US residence for citizenship purposes, plus fees. But to answer one last question commonly asked up front: Yes, an LPR child under age 18 who lives with you once you get US citizenship (or who will come live with you using their US permanent residency) will derive citizenship through you, on the later date of your citizenship (via Oath Ceremony) or their US arrival or adjustment of status to LPR.
Why is U.S. Citizenship Preferable to Permanent Residence?
The US consulates in the world already protect you as a US lawful permanent resident. With US citizenship, they will continue to provide shelter and services to you. But there are several benefits of US Citizenship over permanent residence. One, you can vote. Two, you can live overseas for extended periods of time for medical reasons, elderly care, or basically any other reason, as long as you continue to pay taxes on worldwide income and stay committed to US principles of democracy (basically don’t commit treason).
But when you merely have US lawful permanent resident status, you are always in jeopardy of losing such permanent residence anytime you leave for 12 months in a row and face intense scrutiny for absences from the US spanning 6 to 12 months; and even for repeated absences of any duration. Not least, if you live in the US for 5 years after age 14 as a US citizen (the current law, albeit different in prior decades), you can pass it to your children (and possibly to your grandchildren with more ease than the normal green card process). We provide information about Retaining U.S. Residence and filing Reentry Permits.