Naturalization in the United States

Naturalization is the process whereby an Alien becomes a U.S. citizen. Primarily, this is availed to persons that were issued with a green card for three to five years or those that served under specific military service conditions. This is done to ensure that immigrants who have shown their dedication to the United States Society are the ones receiving the award.

Is Naturalization Synonymous with Citizenship?

No, these two words do have a strong relation to one another, but they are different in nature. Citizenship is the membership of a given country that is in most cases acquired at birth or in some unique situations. Naturalization on the other hand is the process undertaken by a non citizen to become a citizen of a specific country by complying to laid down legal regulations that include residency, mastery of the local dialect and a citizenship examination. Thus, although the outcome of naturalization is citizenship, the process in itself does not denote citizenship, rather a means to that end.

Rights and Duties Attached to U.S Citizenship

Acquiring US citizenship comes with various rights and on the other hand, entails some responsibilities as well. For example, citizens become eligible to vote, are able to permanently reside in the US, and are permitted to bring relatives to the US in a relatively easier way. For instance, it is mandatory for every American citizen to obey the laws of the land, defend democracy, as well as serve the nation when necessary.

Estimated Duration to Citizenship Application and Approval

From submitting the application to taking the Oath of Allegiance, the process takes around 5.5 months. Depending on the volume of applications, their intricacy, and other factors, this timeline may change. Pathways to Expedite the Naturalization Process The quickest method to acquire US citizenship is if someone marries a US citizen. Permanent residents married to American citizens are able to apply for naturalization after just three years of having acquired the green card, for all other applicants, this duration is normally 5 years. Serving members of the United States armed forces can also apply for fast track naturalization; some may not even be required to meet the residency criteria.

The United States Coast And Border Protection Charges

As of now, the standard processing cost for a citizenship application is $760. Military personnel do not need to pay the fee. Also, when applying for an N-400 online petition, an individual pays $50 less than when sending in a paper submission to USCIS.

Application for a U.S. Citizenship

Since naturalization is a step deeper in immigration, applicants usually have to go through a few processes which includes immigration history and at time too, community service. Some of the main factors include the duration of possession for an US green card, time spent physically in the USA, and if service is rendered to the US army. Furthermore, during which period, peacetime or wartime, the military service was given has great impact on the eligibility and how fast an individual is able to claim citizenship. These requirements are there to ensure that the applicant is committed to the US and will do so while staying within the laws of permanent residency and as well as by serving the military when needed to protect the nation.

The below graphic contains basic information on the eligibility categories for citizenship of the USA, detailing who qualifies to apply and when, depending on the specific conditions. Upon further examination of the graphic, you will find more detailed descriptions for every panel and rationale behind these criteria. With these explanations, the complete picture of the paths to naturalization and how one criterion fits a person’s story can be understood.

Who Can Apply for U.S. Citizenship and When?

– The required periods of physical residence may be cumulative rather than consecutive, and any duration spent serving in the U.S. military can count as time physically present in the United States.

** A “General-Under Honorable Conditions” discharge is treated as an “honorable” discharge for naturalization purposes.

1. Green Card Holders Without Special Circumstances:

A person that possesses a green card without further special conditions can apply for US citizenship five years after getting the green card. Out of those five years, the person must have been physically present in the US for at least 30 months (two and a half years).

2. Green Card Holders Married To A U.S. Citizen:

If you are married to a US citizen, you may apply for citizenship after three years of marrying and living together with your spouse. In addition to this, it is necessary to hold a green card for at least three years prior to applying. Moreover, your spouse should have been a US citizen for at least three years beforehand. Furthermore, you also need to have been physically present in the US for at least 18 months (one and a half years) in the three years prior to application.

3. To the widowed of a U.S. citizen with honorably served military service:

In the instance where a spouse who had U.S. citizenship died while serveing honorably in the U.S. military, you have the right to apply for citizenship anytime if you both lived together at the point of death. All that needs to be done at the point of the naturalization interview is to show proof of the green card ownership. In this circumstance, there is no green card ownership period or government physical presence requirement beforehand.

4. Individuals Who Served U.S. Military For a Minimum of One Peacetime Year:

In such a case, if you actively served in the U.S. military for one year during peacetime, you have the right to apply for citizenship while being on active duty or six months after an honorable discharge. The concluding aspect is that there is no physical presence condition for the green card within the Unites States preceding the application.

5. Other Individuals Who Served A Year Or Less in Active Service During Peace Period in the United States Military:

In case you served for less than a year in the United States military without conflict, then you can apply for citizenship not earlier than five years after receiving your green card. You must have served honorably during all of that time and must have been present in the US for at least 30 months over the five-year period specified. There is also a minimum amount of time you must have served within that five-year window, which is two and a half years.

6. Other Individuals Who Served A Year Or More And Honorably Served While In Active Service During Peace Period In The United States Military And Who Apply For Citizenship More Than Six Months After Being Released From Service:

If it has been over six months since you completed your service and you wish to apply for citizenship after having served in the military for over a year, you have to have waited a minimum of five years post receiving your green card. The other criteria regarding time served and being in the country remain the same. Honorably serving during that five-year window also allows for the green card waiting period requirement to be fulfilled.

7. Individuals Who Served in the U.S. Military During Wartime:

If you served honorably in the U.S. military at any time during a designated period of war, you can apply for citizenship at any point. You are not required to hold a green card or meet any specific residency requirements beforehand. However, you (or your military spouse) must have been physically present in the United States, its territories, or onboard a U.S. vessel at the time you enlisted, reenlisted, extended your service, or were conscripted. Under these conditions, there are no mandatory green card or physical presence prerequisites prior to applying for naturalization.

Requirements for Becmoing a Naturalized Citizen of the U.S.

To become a naturalized citizen in the U.S, you have to pass a set of requirements after holding a green card for either three or five years. This applies to anyone that doesn’t have qualifying military service. The requirements are as follows:

1. Minimum Age: You have to be at least 18 years old to be able to apply for U.S. citizenship.

2. Continuous Presence: You cannot have left the United States for six months or longer during the waiting period of three to five years before applying. It is needed to maintain the primary home and life in the U.S for the extended absence to not affect the residency stipulations.

3. State Residency: Application requires people to reside in specific states or districts for a period of three months before the submission of the application together with the paperwork. It is a necessity to prevent people from filing applications in conveniently located jurisdictions.

4. Good Moral Character: You are required to show what the government refers to as ‘good moral character’. In practical terms, this means, you haven’t committed any grave offenses such as murder, run illegal gambling rings, or deceived the U.S. immigration authorities. While lesser offenses may not be sufficient ground to disqualify you, greater transgressions will. Also, you have to be truthful during the citizenship process and have to tell the truth during a citizenship interview. Individual circumstances are assessed on a case-by-case basis.

5. English Language and Civic Competencies: You are required to take and pass a two part naturalization exam. The first part is an English language exam which tests your reading, writing, and speaking skills. The second part is a civics exam which tests knowledge on the history of the US and US government. There should be sufficient effort put forth for these prerequisites to be satisfied.

6. Readiness to Serve: You are expected to be ready to serve the US military or undertake civil service to the country if that is what is required of you. Serving isn’t for everyone, but you are welcome to show your commitment to service if it is requested from you.

7. Selective Service Registration: For males capable of living in America between the age of 18 and 25, there is a requirement to register with the Selective Service, and failing to do so can impact your eligibility to become a citizen.

8. Support for the U.S. Constitution: It is important that the candidates have the intention to stand by the Constitution and defend it. Such commitment is pivotal towards naturalization.

Age and Disability-Based Exceptions

Certain applicants may qualify for exemptions related to the English and civics tests based on their age or health conditions:

Note on Age 65+ Applicants: If you are 65 or older and have held a green card for 20 years or more, you will only be required to study 20 of the usual 100 civics questions. During the test, you will be asked 10 of those 20 questions and must correctly answer 6 to pass.

Disability-Based Exceptions

People with physical or developmental disabilities, or with a mental disorder which has persisted or has been expected to persist for 12 months will also meet the criteria of exception from English and civics language tests. Such applicants are required to file Form N-648 (“Medical Certification for Disability Exceptions”) which is mandatory and needs a competent practitioner to fill.

Military Person Exceptions (In case of Peace)

Candidates filing for naturalization seeking for citizenship on the basis of having rendered service for 12 months in the American army during peacetime will not be required meeting a continuous stay in America (requirement: 2), and also will not be required meeting the stay in state (requirement: 3). In meeting the positive moral character (requirement 4) they have had to have stayed without specified grave crimes for 5 years prior to filing until the time of application for naturalization.

Military Service Exceptions (Wartime)

Individuals applying for naturalization on the basis of qualifying periods of U.S. combat service on active duty bear upon themselves greater exemptions as compared to others. They do not have to comply with minimum age (no. 1), length of stay (no. 2), and residency in the state (no. 3) limitations. To satisfy the good moral character requirement (no. 4), which is reputedly less stringent in this case, an applicant has to have been convicted of certain offenses at least twelve months prior t0 filing and during the period of getting the citizenship certificate.

Special Requirements for U.S. Military Personnel

Holders of green cards who are active members or veterans of United States Armed Forces must satisfy the following additional requirements:

– The individual’s military record must not contain any indication of having deserted the U.S. armed forces.
– The individual’s military record must not contain any indication of having been discharged or exempted from service because of being a non-citizen of a United States.

What If I Cannot Afford the Filing Fee?

In case you are unable to pay the filing fees owing to certain hardships, you should seek a fee reduction or a fee waiver. This way, even individuals who qualify can go through the naturalization process without being caught in economic constraints.