In the United States, there are numerous individuals that are residing within the United States that are not considered to be citizens. Instead, many individuals are residing in the United States as lawful permanent residents (“LPRs”). These LPRs often seek to become United States citizens through the naturalization process.
The naturalization process is the final step on an individual’s path to obtaining United States citizenship. Once an individual gains United States citizenship, they also gain all of the rights and responsibilities that a naturally born citizen has. The following article explores how the naturalization process works, including who is eligible to apply for naturalization and how one should prepare for the process itself.
What Are the Steps in the Naturalization Process?
Once again, naturalization refers to the immigration process in which a person becomes a United States Citizen. The naturalization process is the only way in which a person can become a United States Citizen if they were not born a United States citizen, or if they did not acquire citizenship immediately after they were born.
A person is considered to be a United States citizen by birth if they were born within the boundaries of the United States. This includes Guam, Puerto Rico, and the Virgin Islands.
As far as the general steps in the naturalization process, the process itself can be a complicated process. This is largely due to the fact that the naturalization applicant is required to submit various forms and documents in order to prove their eligibility.
The general steps in the naturalization are as follows:
- Be at least 18 years old
- Obtain a green card in order to then obtain permanent resident status
- Possess their green card for at least five years, except under specific circumstances
- Have lived in the United States continuously for five years prior to filing an application for naturalization
- Have been physically present in the United States for at least 30 months out of the 5 years before filing the application for naturalization
- Have lived within the state of residence for at least three months prior to the date of filing their application naturalization
- Submit a Form N-400 to the United States Citizenship and Immigration Services (“USCIS”)
- Form N-400, which is officially known as the United States Application for Naturalization, is a legal document by which eligible immigrants may use to apply for United State citizenship through naturalization
- Attend the naturalization interview set by USCIS and complete the background and biometrics processes
- Pass a United States citizenship test at the naturalization interview
- This test is commonly referred to as the “citizenship test” and tests an applicant’s knowledge of language (reading, writing, and speaking English) and civics (U.S. history, government, and culture)
- Attend the naturalization ceremony set by USCIS, where the applicant swears an Oath of Allegiance to the United States
- It is important to note that once a person becomes a naturalized citizen, they are required to uphold specific responsibilities as pledged to in the Oath of Allegiance, such as surrender allegiances to other countries and swear allegiance to the United States
- Receive the Certificate of Naturalization from USCIS
Who Is Eligible for the Naturalization Process?
Once again, the first step in determining eligibility for the naturalization process is to possess lawful permanent resident status. Further, you must have been a lawful permanent resident for at least five years before submitting the Form N-400.
Additionally, any applicant must be 18 years old or older. Importantly, there are different forms and procedures that apply to applicants for naturalization that are minors.
There are also several other requirements that must be met by an applicant in order to be eligible for the naturalization process, including:
- The ability to read, write, and speak English
- A knowledge and understanding of United States history and government
- Good moral character
- An attachment to the ideals of the United States Constitution
- A favorable disposition towards the United States
- As noted above, a continued physical presence or residence in the United States for a specified period, which is generally five years.
Are There Exceptions to the Above Eligibility Rules?
Yes, there are exceptions to the residency period for spouses of United States citizens and certain qualifying military service members. Spouses of United States citizens need to have lawful permanent resident status for only three years before submitting the Form N-400 to begin the naturalization process.
Further, service members only need to have served for one year of military service before submitting the Form N-400 to begin the naturalization process.
How Do I Complete a Form N-400 Application for Naturalization?
After you have determined that you are eligible for naturalization you may then begin to complete the Form N-400. You may download the form from the official USCIS website. It is important to ensure that you download the most recent Form N-400 in order to avoid any delays in processing your application.
After acquiring the application you should then carefully read the instructions on the form, as they will guide you through completing the form. The form provides explanations for each section and the evidence required to support your application.
Next, you will need to gather the required evidence for the application. Examples of evidence required include making photocopies of your green card, identification documents, and other other evidence asked for you from USCIS.
It is important to ensure that you provide accurate information on the application, as failing to do so may result in your application being delayed or denied. Further, deliberately submitting false information may subject you to potential legal consequences, such as immigration fraud.
Finally, you will then need to pay the processing fee for the Form N-400 form. As of the publishing of this article, the fee is $760 for a paper filing or $710 for an online filing fee. Fee waivers are available, if you are eligible for such waivers.
Finally, you will need to either mail your application with the appropriate fee payment and supporting documents to the appropriate physical USCIS address, or file everything online. Online filing typically has a faster processing time.
How Do I Prepare for the Citizenship Test?
As mentioned above, you will also need to pass a citizenship test as a part of the naturalization process. Importantly, the citizenship test will be administered by a USCIS officer at a local office. The test will be an oral quiz that tests your knowledge of United States history and how the United States government works.
At the time of the test, the USCIS officer will also evaluate your proficiency in understanding and speaking English. There are exceptions to the test, such as providing evidence of a physical or developmental disability that prevents an individual from passing the test. A disability exemption can also exempt an individual from being tested on their proficiency in English.
How Do Minors Undergo the Naturalization Process?
If you have a child under 18 and wish for them to become a United States citizen, the process is generally the same as the above process. Importantly, if you become a United States citizen through the naturalization process, as long as the child is a LPR and in your custody, they automatically become a United States citizen too.
As such, you can request proof of their citizenship by submitting a Form N-600, Application for Certificate of Citizenship to USCIS. Further, minors who live outside the United States and have at least one United States parent that is a United States citizen can also apply for citizenship.
This is done by submitting a Form N-600K, Application for Citizenship and Issuance of Certificate. It is important to note that the minor child must be living in the United States as a LPR when the application is submitted and approved.
Do I Need an Attorney for Help with the Naturalization Process?
If you are considering pursuing naturalization, then you may absolutely download and complete the Form N-400 on your own. However, the immigration process is not always a straightforward and easy process. As such, if you are encountering any issues with naturalization, then it is in your best interest to work with an experienced and local naturalization attorney.
LegalMatch can assist you with contacting and setting up an initial consultation with an immigration attorney near you. An experienced immigration lawyer will be best suited to helping you understand the naturalization process, including filing the necessary paperwork, and appearing with you at any necessary hearings.
Additionally, your immigration lawyer will also be able to represent you in court, as needed, should any issues arise that may result in legal action being taken against you. Overall, the role of an attorney is to ensure that your process of completing all the necessary steps of naturalization is as easy as possible.
