Introduction
Are you a non-citizen resident of the United States who wishes to become a U.S. citizen, otherwise called “naturalization”? You’ve come to the right place to learn how to do this. Becoming a U.S. citizen involves several legal steps, and a deep commitment to the values of freedom and democracy forever enshrined in the Declaration of Independence of the United States of America. You may be seeking greater security. You may be seeking new opportunities. Or you may be after the chance to reunite with family. Regardless of your reasons for wanting to become an American citizen, navigating the naturalization process can feel overwhelming without the right guidance.
At the Law Office of Todd Becraft, thanks to our extensive experience and numerous success stories, we understand the complexities involved in immigration law, and we are dedicated to helping individuals and families through this important life transition. We offer expert advice and personalized support to ensure your path to U.S. citizenship is as smooth as possible.
This guide will walk you through the key steps in becoming a U.S. citizen, drawing on our expertise to help you understand the requirements, prepare for the naturalization process, and embrace your new role as an American citizen, with all its rights and responsibilities.
1. Eligibility: Are You Ready to Apply for U.S. Citizenship?
Before you can apply for U.S. citizenship, you need to meet several requirements. These requirements ensure that you’ve established yourself in the United States and are ready to assume the responsibilities of citizenship. Let’s go over the most important requirements to make sure you’re eligible to apply.
A. You Must Be a Lawful Permanent Resident (LPR) in Order to Become a U.S. Citizen
The first step toward becoming a U.S. citizen is holding the status of a Lawful Permanent Resident (LPR), which also known as having a “green card“. A green card proves that you have been authorized to live and work in the United States on a permanent basis. Most lawful permanent residents got their green card through family sponsorship, employment, or by being granted refugee or asylee status. If you already have a green card, great! You’ve taken the first step. If you don’t have one yet, you’ll need to get LPR status before applying for citizenship. Here are the several pathways to getting your green card:
- Family Sponsorship
- Employment-Based Immigration
- Diversity Visa Lottery
- Asylum or Refugee Status
- Special Immigrant Categories: There are several other special immigrant categories that may lead to LPR status, including certain religious workers, employees of international organizations, and individuals who have served in the U.S. military.
Because of the importance of this milestone to becoming a U.S. citizen, we have covered the process for applying for a green card, as well as the benefits and responsibilities of being a Lawful Permanent Resident, in more detail here: The Becraft Guide to Getting Your Green Card.
B. Continuous Residence in the United States
Once you have your green card, you need to have lived in the United States continuously for a certain period before you can apply for citizenship. Here’s how it breaks down:
- Five years of continuous residence is required for most applicants. This means that you must have lived in the United States for five years as a green card holder.
- Three years of continuous residence is required if you’re married to a U.S. citizen. If you’ve been living with your U.S. citizen spouse for at least three years while holding a green card, you can apply for citizenship earlier.
During this period, you will need to avoid taking any extended trips outside the U.S. that might disrupt your continuous residence. Short trips (less than six months) are fine, but longer trips could cause problems with your application.
C. Physical Presence Requirement for Becoming an American Citizen
Alongside the continuous residence requirement, you also need to meet the physical presence requirement. This simply means that you need to have spent a certain amount of time living in the United States before applying for citizenship:
- You must have been physically present in the U.S. for at least 30 months (two and a half years) out of the last five years.
- If you’re applying based on being married to a U.S. citizen, you need to have been physically present for 18 months (one and a half years) out of the last three years.
Every day you spend in the United States counts toward this total, so you should be sure to track your time carefully, especially if you travel internationally frequently.
D. State Residency Requirement for Becoming an American Citizen
You will also need to show that you’ve lived in the state where you’re applying for at least three months before submitting your application. This ensures that you’ve established ties to the community in which you live.
E. Good Moral Character
Another important requirement is demonstrating good moral character. Essentially, this means that you’ve followed the laws, paid your taxes, and acted responsibly during your time as a permanent resident. Certain behaviors, such as committing serious crimes or failing to file taxes, can disqualify you from becoming a U.S. citizen. If you’re unsure whether something in your past could affect your eligibility, it’s a good idea to speak with an immigration attorney for advice before applying.
F. Basic English Proficiency
To become a U.S. citizen, you need to show that you have basic proficiency in reading, writing, and speaking English. You’ll be tested on your English skills during your citizenship interview, but don’t worry-the test is designed to be manageable. It focuses on everyday language skills and uses simple sentences. If you have trouble with English, there are many resources available, including free or low-cost citizenship classes and study materials, to help you improve your skills before the test.
G. Knowledge of U.S. History and Civics
In addition to the English test, you’ll also need to pass a civics test as part of your naturalization interview. This test covers basic U.S. history and government, and the good news is that USCIS (United States Citizenship and Immigration Services) provides a list of 100 potential questions that you can look over prior to your test. You’ll be asked up to 10 questions during the interview, and you need to get at least six correct to pass. The questions range from “Who was the first President of the United States?” to “What are the two major political parties in the U.S.?” With some preparation, most people find the civics test straightforward.
H. Becoming a U.S. Citizen Requires Support for the U.S. Constitution
When you become a U.S. citizen, you’re making a commitment to uphold the principles of the U.S. Constitution. This means agreeing to:
- respect the laws of the United States,
- serve your community when called upon (such as through jury duty), and
- support the democratic process.
Part of becoming a citizen is affirming that you’ll live by these values and encourage your neighbors to do the same.
2. The Naturalization Process for Becoming An American Citizen: Step-by-Step
Now that you know the eligibility requirements, let’s walk through the actual steps to apply for U.S. citizenship. We’ll cover the process step-by-step, from gathering documents to attending your naturalization ceremony:
A. Filing Form N-400
The first step to becoming a U.S. citizen is submitting Form N-400, Application for Naturalization. This form asks for information about your personal history, which will include your address, your employment, and your travel history. You’ll also need to provide details about your family, including your spouse and any children, if applicable. The form can be filed either online or by mail. Along with the form, you’ll need to submit the required fees. These include a filing fee and a biometrics fee (which covers fingerprinting and background checks). If you’re unable to afford the fees, you may qualify for a fee waiver or reduction based on your income.
B. Biometrics Appointment
Once you’ve submitted Form N-400, USCIS will schedule you for a biometrics appointment. This is where your fingerprints, photo, and signature are collected. These are used to run a background check to ensure that everything is in order. The biometrics appointment usually takes place at a local USCIS office or application support center. It’s a quick and straightforward process, so there’s no need to worry about it.
C. The Naturalization Interview and Tests
After your biometrics appointment, you’ll be scheduled for a naturalization interview. This is one of the most important steps in the process. A USCIS officer will review your application and ask you questions to verify that everything is accurate and up to date. During the interview, you’ll also take the English language and civics tests. Here’s what to expect:
- English Test: You’ll be asked to read and write simple sentences in English. The officer will also ask you a few basic questions to assess your ability to speak and understand English.
- Civics Test: You’ll be asked up to 10 questions about American history and government. As mentioned earlier, you only need to get six questions correct to pass. Don’t forget, you’ll have access to study materials in advance, so you’ll know what kinds of questions to expect.
Most people find the tests manageable with a little preparation, and many communities offer citizenship classes to help you study for the interview.
D. Receiving a Decision
After your interview, USCIS will notify you of their decision. There are three possible outcomes:
- Approval: If everything goes well, you’ll receive a notice that your application has been approved, and you’ll be scheduled for a naturalization ceremony.
- Request for more information: In some cases, USCIS may need additional documentation or clarification before making a decision. They’ll send you a letter explaining what’s needed.
- Denial: If your application is denied, USCIS will provide an explanation for the decision, and you may have the option to appeal or reapply in the future.
E. The Oath of Allegiance
The final step in the naturalization process is taking the Oath of Allegiance at your naturalization ceremony. This is a special moment where you formally commit to becoming a U.S. citizen and pledge your loyalty to the United States. During the ceremony, you’ll recite the oath alongside other new citizens, and you’ll receive your Certificate of Naturalization, which is your official proof of U.S. citizenship. Be sure to keep this certificate in a safe place – you’ll need it for things like applying for a U.S. passport.
And then: Congratulations! After taking the Oath of Allegiance, you are officially a U.S. citizen.
3. Life as a U.S. Citizen: What to Expect
Once you’ve completed the naturalization process, you’ll enjoy all the rights and privileges that come with being a U.S. citizen. Here’s what that looks like:
A. The Right to Vote
One of the most fulfilling parts of becoming a U.S. citizen is gaining the right to vote in federal, state, and local elections. This allows you to have a say in the policymakers who represent you and the laws that shape your community.
B. Applying for a U.S. Passport
As a U.S. citizen, you can apply for a U.S. passport, which makes international travel easier. With a U.S. passport, you can enter and exit the country without worrying about visa requirements, and you’ll have access to assistance from U.S. embassies or consulates if you run into trouble while abroad.
C. Sponsoring Family Members
As a U.S. citizen, you can help family members come to the U.S. by sponsoring them for a green card. This includes your spouse, children, and parents. Family-based immigration is one of the most common ways that people become lawful permanent residents in the U.S.
D. Federal Jobs and Security Clearances
Certain jobs with the federal government, particularly those that require security clearances, are only available to U.S. citizens. Becoming a citizen opens up new career opportunities in fields such as law enforcement, diplomacy, and national security.
E. Jury Duty
One of the responsibilities of U.S. citizenship is serving on a jury when called upon. Jury duty is an essential part of the legal system, allowing citizens to participate in the administration of justice.
F. Obeying U.S. Laws as a U.S. Citizen
As a U.S. citizen, you’ll be expected to follow all U.S. laws, both at the federal and state levels. This includes paying taxes and complying with the legal responsibilities of citizenship.
4. Special Circumstances and Exceptions for Becoming An American Citizen
While the process we’ve outlined applies to most applicants, some people may qualify for special circumstances or exceptions to certain requirements. Let’s look at a few examples:
A. Military Service
If you’ve served in the U.S. Armed Forces, you may qualify for expedited naturalization. In some cases, military service members can apply for citizenship without meeting the usual continuous residence or physical presence requirements.
B. Exceptions for Older Applicants
If you’re older or have lived in the U.S. for a long time, you may qualify for certain exceptions to the English language or civics test requirements. For example, applicants who are 50 years or older and have lived in the U.S. as a green card holder for 20 years may be eligible to take the civics test in their native language.
C. Medical Exemptions
If you have a physical or mental disability that prevents you from taking the English or civics tests, you may be eligible for a medical waiver. This requires submitting documentation from a licensed physician explaining your condition.
5. Avoiding Common Pitfalls of Becoming a U.S. Citizen
Applying for U.S. citizenship is an important process, and while most applicants are successful, there are some common pitfalls that can cause delays or complications. Here are a few tips to minimize your risk:
A. Keep Accurate Records
Make sure to keep accurate records of your time in the U.S., including travel dates, addresses, and employment history. This information is crucial for meeting the continuous residence and physical presence requirements.
B. Criminal History
If you have a criminal record, it’s important to consult with an immigration attorney before applying for citizenship. Some criminal convictions can make you ineligible for naturalization, while others may not have a significant impact on your application.
C. Prepare for the Tests
The English and civics tests are important parts of the naturalization process. Be sure to take advantage of the study materials provided by USCIS and consider enrolling in a citizenship class if you need extra help.
Conclusion: Embracing Your New Life in America as a U.S. Citizen
Becoming a U.S. citizen is about much more than just filling out forms and taking a test – it’s about becoming part of a nation with a rich history, a vast and diverse geography, and a culture that celebrates individuality and freedom as its core values. Whether you’re seeking new opportunities, security, or the chance to fully participate in American democracy and civic life, U.S. citizenship opens doors to all of this and more.
The Law Office of Todd Becraft is ready to help you fully embrace “the land of the free and the home of the brave,” by helping you navigate the steps involved in becoming an American citizen. America is a nation built by immigrants, and by becoming a citizen, you are adding your own unique story to the rich tapestry that defines this country. Your journey to American citizenship can begin right now, with a simple phone call. Call us at 213-388-1821 and let us help you get started.