Naturalization is a legal process in the United States that a foreign-born national may use to obtain U.S. citizenship status. Once the naturalization process is complete, a foreign-born national will be considered a U.S. citizen. This means that they will be granted all of the same legal rights and privileges as those who are U.S. citizens by birth.
In general, a foreign-born national can typically only apply for U.S. citizenship through naturalization if they hold a green card and are considered a lawful permanent resident of the United States.
A foreign-born national must have also met the timing requirements before they will be allowed to apply for naturalization, which means that they must have been a green card holder for at least five years beforehand. Five years is the standard waiting period for all lawful permanent residents of the United States who are seeking to apply for U.S. citizenship through the process of naturalization.
In addition to the five-year waiting period, a lawful permanent resident of the U.S. must also satisfy certain eligibility requirements. For instance, a lawful permanent resident applying for U.S. citizenship through the process of naturalization must also be able to demonstrate the following factors:
- That they are at least 18 years of age or older;
- That they have remained in the United States for at least two and a half years out of the five-year waiting period;
- That they have not traveled outside of the United States or any of its territories for more than one year consecutively;
- That they intend to make the United States their permanent place to call home; and
- That they have lived in the state in which they filed for U.S. citizenship for at least three months.
These are only some of the requirements that a lawful permanent resident will need to prove in order to obtain U.S. citizenship through the naturalization process. There are also many other documents and evidence that a foreign-born national may need to submit. These include special forms as specified by the U.S. immigration authorities and proof of identification through a birth certificate or another document that will prove they are who they claim to be.
Additionally, a foreign-born national who is applying for U.S. citizenship through the naturalization process may also be required to take a two-part citizenship exam as well as may be asked to schedule and attend an interview with a U.S. immigration official.
Lastly, the requirements to obtain naturalization may change based on a foreign-born national’s circumstances and on U.S. immigration laws. Therefore, you may want to consider hiring an immigration law attorney before you apply to become a U.S. citizen. An attorney can help guide you through the naturalization process and will be able to inform you of the risks and benefits of becoming a U.S. citizen.
Are There Any Exceptions to the 5-year Naturalization Waiting Period?
There are a few situations in which a lawful permanent resident may be able to apply for naturalization before the five-year waiting period has ended. A foreign-born national may be able to waive the five-year timing condition if they qualify for one of the exceptions provided in the application guidelines for naturalization.
For example, one exception to the five-year naturalization waiting period is if a foreign-born national can prove that they are a political refugee or are seeking asylum from their own country. In this instance, a foreign-born national will be allowed to apply for U.S. citizenship through the naturalization process four years after they receive their green card, as opposed to the standard five years.
Another scenario in which a lawful permanent resident may be able to claim an exception to the five-year naturalization waiting period is when they are married to a U.S. citizen. In particular, a foreign-born national who is married to a citizen of the United States may apply for U.S. citizenship through naturalization three years after receiving their green card and becoming a lawful permanent resident of the U.S.
These exceptions to the five-year naturalization waiting period permit foreign-born nationals to apply for naturalization earlier than the standard amount of time required. However, an applicant will still need to provide additional proof of their circumstances before they can be approved to be naturalized under U.S. immigration law.
For instance, a foreign-born national who is seeking to obtain U.S. citizenship based on their status as a political refugee will normally need to demonstrate that they will be subjected to persecution or extreme hardship if they are forced to return to their country of origin.
A lawful permanent resident who is married to a U.S. citizen will also be required to prove that they are still married to a U.S. citizen. In addition, they will also need to show that the marriage was not solely for the purposes of obtaining a green card or to evade U.S. immigration laws.
In some cases, a lawful permanent resident may file for naturalization as early as three months before the five-year waiting period has ended. This means that the lawful permanent resident will be able to initiate the naturalization process by submitting the appropriate forms approximately after four years and nine months of waiting.
However, they may still be required to prove that they have continued to live and work in the United States for that entire amount of time.
How Long Does the Naturalization Process Take After the Application is Submitted?
Generally speaking, the amount of time that an applicant will need to wait before they complete the naturalization process will vary based on the circumstances of each individual applicant. The reason for this is because the needs and facts surrounding each applicant’s case are different from one to the next.
For instance, one applicant may be required to submit additional documentation or evidence, while another applicant may need to retake their U.S. citizenship exam.
Under normal circumstances, however, an applicant may need to wait anywhere from twelve to fifteen months from the date that an application for naturalization was submitted before they are scheduled to attend an interview with U.S. immigration officials. After the first interview has ended, an applicant may be asked to attend additional interviews or may be required to submit extra paperwork.
In addition, after the application has been submitted and all interviews with U.S. immigration officials have concluded, the applicant will be required to take one or both portions of the U.S. citizenship exam. So long as they do not fail this exam, then they can move on to the final stage, which involves a ceremony wherein they will swear an oath before becoming a U.S. citizen.
As such, an applicant can expect to wait anywhere from one to two years for the entire process of naturalization to be complete once their application has been submitted. This does not include the five-year waiting period before they can apply, which means that the entire process of naturalization can take up to seven years from the time that a foreign-born national receives their initial green card.
Is it Necessary to Speak with a Lawyer for Naturalization?
As is evident from the above discussion, the entire naturalization process can be very time-consuming and stressful for applicants. Therefore, you should consider hiring an immigration attorney in your area as soon as you decide you want to become a U.S. citizen. An experienced immigration attorney will be able to help you fill out the proper forms and submit all necessary supplements required for the naturalization application.
Your attorney will also be able to determine whether or not you qualify for an exception based on your circumstances and can inform you of any requirements associated with your exception. In addition, your attorney will be able to address any questions or concerns you may have about U.S. immigration laws and becoming a U.S. citizen.
