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How to Become an American Citizen

Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. However, there may be different ways to obtain citizenship.

You can become a U.S. citizen by birth or through naturalization. Generally, people are born U.S. citizens if they are born in the United States or if they are born abroad to U.S. citizens. You may also derive U.S. citizenship if you were under 18 and a lawful permanent resident when one or both of your parents naturalized, or after adoption by a U.S. citizen parent.

Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by the Immigration and Nationality Act (INA).

You need to assess your situation to determine whether you qualify for naturalization.

To be eligible for naturalization based on being a lawful permanent resident for at least five years, you must:

  • Be at least 18 years old when you submit Form N-400, Application for Naturalization;
  • Show you have been a lawfully admitted permanent resident of the United States for at least five years;
  • Demonstrate continuous residence in the United States for at least five years immediately before the date you file Form N-400;
  • Show you have been physically present in the United States for at least 30 months out of the five years immediately before the date you file Form N-400;
  • Show you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence. (If you are a student and are financially dependent on your parents, you may apply for naturalization where you go to school or where your family lives.);
  • Show that you are a person of good moral character and have been a person of good moral character for at least five years immediately before the date you file Form N-400;
  • Demonstrate an attachment to the principles and ideals of the U.S. Constitution;
  • Be able to read, write and speak basic English;
  • Have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States; and
  • Take an Oath of Allegiance to the United States.

Certain applicants, because of their age and time as an LPR, do not have to take the English test for naturalization and may take the civics test in the language of their choice.

Also, if you acquired your green card through marriage, you will be eligible for naturalization after only 3 years of lawful permanent status if you are still married and living with your spouse.

It is crucial to analyze each requirement to make sure that your application for naturalization is granted. Specifically, if you have ever been arrested or convicted, it might impact your eligibility. In addition, filing and paying your taxes is also required by USCIS to become a US citizen.

Also, many applications are taking longer than expected. Know that USCIS must render a decision within 120 days after you pass your Civic test at the interview. If USCIS does not comply with this legal requirement, you are entitled to file a lawsuit against the Service via a mandamus action before a federal district court.

At Lunel Law, we assist you with the full process of naturalization. During the evaluation of your case, we determine whether you qualify for naturalization and anticipate any problem you might face during the adjudication of your case. We also attend the interview at USCIS to make sure that your rights are not violated. Finally, we take actions in the event your application is taking too long.

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