Naturalization is the process by which a foreign national becomes a U.S. citizen. Unless a person is a U.S. citizen by birth, they must obtain citizenship through naturalization.
There are different processes available to different applicants. People with permanent resident status for at least five years and who meet other criteria may qualify for naturalization.
Or, one may obtain citizenship through their parents. If a person’s parents are U.S. citizens, the parents convey citizenship to their children even if they are born outside of the U.S. Generally, a child of U.S. parents born outside the U.S. may obtain citizenship when they are born or after their birth, but before they turn 18.
Foreign nationals who serve in the U.S. military, their spouses, and their children may be also eligible for citizenship through naturalization. And the naturalization process may be speeded up and done from overseas. Also, service members are not required to pay the filing fee for applying.
To become naturalized, a person needs to submit Form N-400, the “Application for Naturalization,” and documents that support the application as directed in the instructions for filling out the form.
Then the applicant must appear on the appointed day and time for an interview with an officer of the United States Citizenship and Immigration Service (USCIS) and take a two-part test. One part tests a person’s proficiency in English, and the other tests a person’s knowledge of the U.S. government and history.
To help a person understand the complete process, the following are some of the most frequently asked naturalization questions and their answers.
When Is a Person a U.S. Citizen by Birth?
A person is a U.S. citizen by birth if they are born within the territorial boundaries of the U. S. or the territories of the U.S., such as Guam, Puerto Rico, and the Virgin Islands. Also, people born outside of the U.S. may be U.S. citizens by birth if both of their parents are U.S. citizens when they are born, and at least one of the parents has lived in the U.S. at some point during their life. Finally, in some cases, a person may be a U.S. citizen by birth if only one of their parents is a U.S. citizen, subject to additional requirements.
How Does a Foreign Citizen Become a Naturalized U.S. Citizen?
An immigrant may apply for naturalization if they have been a lawful permanent resident of the U.S. for at least five years. During that period of time, they must also have demonstrated that they are of good moral character.
The applicant must be at least 18 years old and must demonstrate continuous residence in the U.S. for at least five years immediately before Form N-400 is filed. The person must also show that they have been physically present in the U.S. for at least 30 months out of the five years immediately before the date they file their Form N-400.
The USCIS assumes anyone under 14 to have good moral character. For applicants 14 and over, any crimes that could make a person subject to deportation could also show a person’s lack of good moral character. The USCIS takes verified instances of lying and arrests and convictions for crimes as showing a lack of good moral character.
Some examples are as follows:
- Lying during a naturalization interview;
- A drunk driving conviction;
- A conviction for Illegal gambling;
- A prostitution conviction;
- Lying to get immigration benefits
- Marijuana use and conviction for possession or sale, even in states in which marijuana is legal;
- Failure to appear at a criminal proceeding, i.e., jumping bail;
- Bank fraud, e.g., lying to obtain a loan;
- Conspiracy to distribute a controlled substance;
- Failure to file or pay taxes;
- False claim to U.S. citizenship;
- Falsification of records;
- Sexual assault;
- Social Security fraud.
Of course, this is not a complete list. Conviction of many other crimes can be viewed as showing a lack of good moral character. Even arrests and convictions that have been expunged must be disclosed to the USCIS, so lying about a criminal record is not a winning strategy.
Where Do I Submit My Naturalization Application?
A person may submit their completed “Application for Naturalization,” Form N-400, to the proper U.S. Citizenship and Immigration Services (USCIS) center. The person has to show that they have lived for at least three months in a particular state in the U.S. or in a USCIS district that has jurisdiction over the person’s place of residence.
A person should mail their form and the necessary supporting documentation to the address listed on the form’s webpage at the uscis.gov website. A person may submit their form through the United States Postal Service (USPS), FedEx, DHL, or UPS.
If a person sends their application to the wrong USCIS filing location, USCIS may reject it as improperly filed and return it to be filed again. The form can be obtained through the USPS, by calling the USCIS Contact Center, or by downloading or printing the form from the “All Forms” page at the uscis.gov website.
A student who is financially dependent on their parents may apply for naturalization either where they go to school or where their family lives.
When Does My Time as a “Lawful Permanent Resident” (LPR) Begin?
A person’s time as an LPR begins on the date they were granted LPR status. This is indicated on their Permanent Resident Card, previously known as an “Alien Registration Card.”
How Long Does It Take to Become a Naturalized U.S. Citizen?
Once the application has been filed, it can take 1 to 2 years to complete the actual naturalization filing process, including interviews, tests, etc.
If I Had a Conviction Expunged from My Criminal Record, Do I Need to Indicate This on My Naturalization Application?
If a person has a criminal record from which convictions have been expunged, they must still report all arrests, convictions, and crimes they may have committed that did not lead to arrest or conviction. This includes even minor crimes. Failure to inform immigration authorities about a person’s complete criminal record can result in the denial of their application, even if their record was previously cleared.
If I Have Completed the Naturalization Process, When Do I Become a U.S. Citizen
When a person’s application for naturalization is granted, the person receives a notice to appear at a naturalization ceremony and take the “Oath of Allegiance.” A person becomes a U.S. citizen on the date they appear at the naturalization ceremony and take the “Oath of Allegiance” to the U.S. The date is then recorded on their Certificate of Naturalization.
What If the USCIS Has Denied My Application for Naturalization?
If a person’s application for naturalization is denied, it is not necessarily the end of the process. The person may be eligible to have their application reviewed again by a different USCIS officer.
If the person receives a denial letter from USCIS, the letter includes instructions on how to have the previous application reviewed again. This is usually done by filing Form N-336, “Request for Hearing on a Decision in Naturalization Proceedings,” within 30 days of the date when naturalization was denied.
The Form N-336 must be filed at the same USCIS district office that denied the initial application. A person can also file supplementary documentation to support the N-336 form. They may also file a short summary of their case describing the basis for their eligibility for naturalization, as well as their compliance with citizenship laws. If the request for an administrative review has been filed correctly, the applicant receives a message from the USCIS with a scheduled date for the hearing.
If yet another denial of a naturalization application occurs after an administrative review, a person may apply to a Federal District Court. An officer other than the ones who have already denied the application would then conduct new findings (called a “de novo” review in legal terminology) related to the application and determine if it qualified the applicant for naturalization.
To obtain a de novo review in a federal district court, a person must submit a petition for review to their local federal district court within 120 days of the administrative denial. The hearing in district court is then scheduled within 180 days of receipt of the request.
When the new USCIS officer finishes the de novo review, they will come to one of the following conclusions:
- Uphold the original denial;
- Deny the application again based on new findings made during the review;
- Reverse the denial decision and approve the application.
However, a review may not be available in all cases. After an initial denial, a person may want to consult with an experienced immigration lawyer for assistance with requests for reviews.
It is also possible to use this process to retake the English and civics parts of the naturalization test that a person may have failed. Keep in mind that this opportunity is offered only once and is not available to everyone who has failed the test. Again, a person should speak with an immigration attorney to learn if this applies to their case.
Is It Possible to Reapply for Naturalization if my Application Was Denied?
In some cases, a person may be able to reapply for naturalization if their application for naturalization was denied. They would have to submit an entirely new Form N-400 and pay the application fee again.
Instructions for reapplication are contained in the denial letter issued by USCIS. If a person was denied naturalization because they failed the civics or English test, they may reapply as soon as they wish. However, people should reapply only when they feel they have gained competency in English and will pass the test.
Do I Need a Lawyer If I Have Questions About Naturalization?
If you seek to apply for naturalization, it may be worth your while to consult an immigration lawyer. If your case presents a situation that varies from routine in any manner, it would be a good idea to have the assistance of a lawyer.
An experienced lawyer can answer your questions regarding the naturalization process or any other area of immigration law. Also, a lawyer can help clarify the issue according to immigration laws and policies if there are any disputes or legal issues involved in your naturalization case. A lawyer can help you present the correct documentation to support your application. It will pay to get it right the first time with the help of an experienced immigration attorney.
