Naturalization: Your Path to U.S. Citizenship
Becoming a United States citizen is a profound and life-changing journey, representing the pinnacle of the American immigration experience. Naturalization is the process by which U.S. citizenship is granted to a Lawful Permanent Resident (LPR) after meeting the requirements established by Congress in the Immigration and Nationality Act (INA). This transformative step not only grants you the full rights and privileges of American citizenship but also symbolizes your complete integration into the fabric of American society.
At Berardi Immigration Law, we understand the deep significance of this process and are committed to guiding you through every step with expertise and care. Whether you’re taking your first steps towards naturalization or are ready to file your application, our team is here to help you navigate the complexities of the process, ensure you meet all requirements, and ultimately achieve your dream of becoming a U.S. citizen. Let us help you write the next chapter of your American story.
The general naturalization requirements an applicant must meet in order to become a U.S. citizen include:
- The applicant must be age 18 or older at the time of filing for naturalization;
- The applicant must be an LPR for at least five (5) years before being eligible for naturalization;
- The applicant must have continuous residence* in the U.S. as an LPR for at least five (5) years immediately preceding the date of filing the application and up to the time of admission to citizenship;
- The applicant must be physically present in the U.S. for at least 30 months out of the five (5) years immediately preceding the date of filing the application;
- The applicant must have lived within the state or USCIS district with jurisdiction over the applicant’s place of residence for at least three (3) months prior to the date of filing;
- The applicant must demonstrate good moral character for five (5) years prior to filing for naturalization, and during the period leading up to the administration of the Oath of Allegiance;
- The applicant must have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law; and
- The applicant must be able to read, write, and speak and understand English and have knowledge and an understanding of U.S. history and government.
*Continuous residence means that you have maintained residence within the U.S. for the required period of time shown above. Extended absences of six (6) months or more outside of the U.S. may disrupt your continuous residence.
If you meet the above requirements, you are eligible to apply for naturalization! Form N-400, Application for Naturalization, is an application to become a naturalized U.S. citizen. Once you have filed the Form N-400, you will need to attend a Biometrics Appointment at your local USCIS field office, where USCIS takes your fingerprints and photograph for background checks. You will then be scheduled for a naturalization interview.
During your naturalization interview, a USCIS officer will ask you questions about your application and background. Unless you qualify for an exemption, you will also take a naturalization test which is made up of two components, an English and civics test.
During the English test, you must demonstrate an understanding of the English language including the ability to read, write, and speak basic English. During the civics test, you will answer important questions about American government and history.
The Moment You Become an American Citizen
Picture yourself standing proudly among fellow aspiring citizens, your heart brimming with anticipation. You’ve overcome every challenge, and now the moment you’ve dreamed of is here. As you take the Oath of Allegiance, you’re not just reciting words – you’re embracing a new identity. With each phrase, you join a nation of dreamers and doers. In this powerful moment, you transform from an immigrant to a United States citizen, with all the rights and opportunities that entails. This ceremony marks the beginning of a new chapter in your American journey. At Berardi Immigration Law, we’re honored to guide you to this life-changing moment, helping you turn your American dream into reality.
Lawful Permanent Residency (LPR) Status: Frequently Asked Questions
What does it mean to be a Lawful Permanent Resident?
A Lawful Permanent Resident is someone who has been granted the ability to live and work in the United States on a permanent basis. LPRs receive a Permanent Resident Card, commonly referred to as a green card, which documents an individual’s status.
How is LPR status different from U.S. citizenship?
LPR grants an individual the right to live and work permanently in the U.S., but permanent residents cannot vote in federal elections, are not eligible for a U.S. passport, remain subject to certain grounds of removal (deportation), and do not automatically retain their status if they move abroad for an extended period. Citizenship, typically obtained later through naturalization, removes these limitations.
What rights come with Lawful Permanent Residency status?
LPRs generally have the right to live and work anywhere in the United States for any employer, own property, apply for a Social Security number, travel internationally (subject to certain rules), and eventually apply for U.S. citizenship if they meet the applicable eligibility requirements.
What responsibilities come with Lawful Permanent Residency status?
LPRs are required to carry evidence of their status, file U.S. tax returns and report income to the IRS, register with the Selective Service if applicable, maintain their status by not abandoning U.S. residence, and obey all federal, state, and local laws.
How to Become an LPR: Adjustment of Status vs Consular Processing
Adjustment of status allows an eligible individual already in the U.S. to apply for a green card without leaving the country. This requires filing form I-485 and related forms with USCIS. Consular processing requires the applicant to complete their green card interview and receive their immigrant visa at a U.S. consulate abroad before entering the U.S. as a permanent resident. The appropriate path depends on the applicant’s location, visa category, and specific circumstances. It is a good idea to consult with an immigration attorney to discuss the best pathway to permanent residency for you.
What is the difference between a conditional and a permanent green card?
A conditional green card is issued for a two-year period, typically to spouses of U.S. citizens married less than two years at the time of approval, or to certain EB-5 investors. Conditional residents must file a petition to remove the conditions starting 90 days before the card expires. Once USCIS approves the petition to remove conditions, an LPR will generally receive a standard 10-year permanent green card.
How long is a green card valid, and does it need to be renewed?
Standard (non-conditional) green cards are typically valid for 10 years and must be renewed before expiration by filing Form I-90 with USCIS. It’s important to note that the underlying LPR status does not expire (only the physical card does) but traveling or working with an expired card can create practical difficulties.
Can my green card be revoked?
Yes. LPR status can be terminated through removal proceedings based on certain criminal convictions, immigration fraud, or determination that the individual abandoned their U.S. residence, among other grounds. Losing LPR status is a serious legal matter that generally requires immigration court proceedings, not just an administrative denial.
Can my green card be revoked if I commit a crime?
Potentially, yes. An LPR does not automatically lose status if they commit a crime. Certain criminal convictions, such as aggravated felonies and crimes involving moral turpitude, among others, can make an LPR removable from the United States. Following conviction, DHS will determine if LPR is removable. If so, they will issue a notice to appear (NTA) before an immigration judge, where the case will be adjudicated. Any LPR facing criminal charges should consult with an immigration attorney promptly, ideally before resolving the criminal case.
Can my green card be revoked if I travel outside the U.S. too long?
Yes. Extended absences from the United States (generally six months to a year or more) can raise a presumption that the LPR has abandoned their U.S. residence. Upon returning to the U.S. after a period of extended travel, U.S. CBP may find you have abandoned U.S. residence at your port of entry. A reentry permit can help preserve status for planned longer absences.
What is a reentry permit, and when do I need one?
A reentry permit is a travel document issued by USCIS that allows an LPR to remain outside the U.S. for up to two years without being found to have abandoned their U.S. residence. It preserves an LPR’s ability to reenter without needing a returning resident visa and helps demonstrate intent not to abandon residence during an extended trip abroad. It’s generally recommended for LPRs planning a trip of a year or longer, and it must be applied for while physically present in the United States.
Do green card holders pay U.S. taxes?
Yes. LPRs are generally treated as U.S. tax residents and must report and pay taxes on income, regardless of where the income is earned.
Can a green card holder sponsor family members for immigration?
Yes. An LPR may generally sponsor a spouse, unmarried children under 21, and unmarried sons and daughters 21 years of age and older. U.S. immigration law prescribes numerical limitations for how many family-sponsored immigration visas may be issued per year based on preference categories. Preference categories F-2A and F-2B often involve longer waiting periods than the categories available to U.S. citizen sponsored petitions.
When can a Lawful Permanent Resident apply for U.S. citizenship?
Most LPRs are eligible to apply for naturalization with USCIS after five years of continuous permanent residence. Others become eligible after three years of continuous permanent residence if married to and living with a U.S. citizen spouse. To qualify for naturalization, LPRs must meet other criteria, such as continuous residence, physical presence, good moral character, basic English and civics knowledge, and an understanding and willingness to support the principles of the U.S. constitution.
What happens to my green card application if it’s still pending and I need to travel?
If applicants have a pending I-485, Adjustment of Status, they generally need to obtain advance parole before departing the U.S. to avoid abandoning their pending application. Advance Parole is separate from a reentry permit used by those who already hold LPR status.