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Citizenship & Naturalization

Citizenship and Naturalization: Your Path to Becoming a U.S. Citizen

Becoming a U.S. citizen is more than a legal process – it’s a powerful step toward belonging, opportunity, and security. Whether you were born outside the United States, married a U.S. citizen, or served in the military, becoming a naturalized citizen opens the door to the full rights and responsibilities of American life.

This guide breaks down everything you need about citizenship and naturalization, including eligibility requirements, how to apply, common pitfalls, and how an immigration attorney can help.

What Is the Difference Between Citizenship and Naturalization?

Citizenship refers to being recognized as a legal member of a nation. In the U.S., you may be a citizen by birth or naturalization.

Naturalization is when a lawful permanent resident (Green Card holder) voluntarily becomes a U.S. citizen. Naturalization is not automatic – you must apply, meet all eligibility requirements, and complete an interview and testing process.

Once approved, you’ll attend an oath ceremony, the final step in becoming a citizen. Understanding the distinction is essential, especially when filing immigration forms or applying for family-based benefits.

How Can Someone Become a U.S. Citizen?

There are four main paths to citizenship:

  • By birth – Anyone born in the U.S. or certain U.S. territories is automatically a citizen.
  • Through U.S. citizen parents – Children born abroad may acquire citizenship if their parents meet certain requirements.
  • Through military service – Certain active-duty service members and veterans may qualify for expedited naturalization.

Each path has specific legal requirements, documentation, and timelines. For example, acquiring citizenship through parents may involve proving the parent-child relationship and verifying the parent’s U.S. citizenship status at the time of the child’s birth. Military paths may waive residency or physical presence requirements. Knowing which path fits your situation is the first step.

Who Is Eligible for Naturalization?

To become a naturalized citizen, you generally must:

  • Be at least 18 years old.
  • Be a lawful permanent resident (Green Card holder) for:
    • 5 years; or
    • 3 years if you’re married to and living with a U.S. citizen.
  • Have continuously resided in the U.S. for the required time period.
  • Be physically present in the U.S. for at least half of that time.
  • Demonstrate good moral character.
  • Show an understanding of U.S. history, government, and the English language.
  • Take the Oath of Allegiance.
  • Reside for at least 3 months in the state or USCIS district where the application is filed.

Additional factors may influence eligibility, including certain criminal convictions, past immigration violations, or long absences from the U.S. The “good moral character” requirement is especially important, as even unpaid taxes or false statements can impact your case. USCIS evaluates this on a case-by-case basis. Reviewing the full eligibility criteria with an attorney can prevent costly mistakes.

What is Form N-400?

Form N-400, Application for Naturalization, is the official application you’ll submit to U.S. Citizenship and Immigration Services (USCIS) when applying to become a naturalized citizen.

Filing this form involves:

  • Paying the $640 filing fee (plus $85 biometric services fee, if applicable).
  • Providing documentation to support your eligibility.
  • Attending a biometrics appointment.
  • Completing a naturalization interview and civics/English tests.

Form N-400 includes questions about your immigration history, employment, family, travel, and any criminal issues. Accuracy is critical, as any inconsistency could delay or result in denial. USCIS may request additional evidence or schedule a second interview. Reviewing the form with a professional helps avoid errors and omissions.

What Happens During the Naturalization Process?

The naturalization process has several steps:

File Form N-400

Submit your application with all required documentation and filing fees. This is your formal request to become a U.S. citizen.

Make sure to keep a copy of your full application and USCIS receipt notice for your records. If you’re filing online, you can track your case through your USCIS account. If filing by mail, check the lockbox address for your state.

Attend your biometrics appointment

USCIS will take your fingerprints, photo, and signature to complete a background check.

After filing your application, you will receive a notice from USCIS with the date, time, and location of your biometrics appointment. Bring the appointment notice and a valid photo ID. Missing this step without properly rescheduling can delay your case or result in denial.

Complete your interview and tests

During the naturalization interview, a USCIS officer will review your application, ask questions about your background, and administer two tests:

  • English test (reading, writing, and speaking).
  • Civics test (questions about U.S. history and government).

You can prepare using USCIS study materials or take a prep class. Some older applicants may qualify for exemptions or language accommodations. If you fail either test, you may get a second chance to retake it.

Receive your decision

USCIS may:

  • Approve your application.
  • Continue your case (if you need to provide more documents).
  • Deny your application.

If continued, you’ll get a Request for Evidence (RFE) explaining what’s needed. If denied, you can request a hearing on the decision or reapply later. Always read your notice carefully.

Take the Oath of Allegiance

Once approved, you’ll be scheduled for a naturalization ceremony. You become a U.S. citizen when you take the Oath of Allegiance.

Ceremonies may happen within days or weeks after approval. Bring your Green Card to surrender it and receive your naturalization certificate. Once you take the oath, you gain full citizenship rights.

What Rights and Benefits Come With U.S. Citizenship?

Naturalized citizens enjoy the same rights as citizens by birth, including:

  • Voting in federal, state, and local elections.
  • Traveling with a U.S. passport.
  • Petitioning to bring family members to the U.S.
  • Protection from deportation.
  • Eligibility for federal jobs and elected office.
  • Access to public benefits, financial aid, and certain government programs.

Citizenship also enhances your ability to participate in civic life. You can serve on juries, apply for security clearance positions, and access more legal protections. For many, it also brings a sense of identity and belonging.

Common Paths to Citizenship Through Naturalization

Naturalization isn’t a one-size-fits-all process. Depending on your life circumstances, you may qualify for an accelerated or specialized path to citizenship through marriage or military service.

Citizenship through marriage

If you’re married to a U.S. citizen, you may apply for naturalization after just 3 years of permanent residency – if you’ve lived with your spouse during that time.

You must also demonstrate the marriage is bona fide and not entered into solely for immigration purposes. USCIS may review past applications and interview records or request proof of cohabitation. Divorce or separation during the 3-year period can affect eligibility.

Citizenship through military service

Current and former U.S. service members may be eligible for an expedited path to citizenship.

Benefits include waived residency and physical presence requirements. The application is often free if naturalization is completed during active duty or within six months of discharge. Military records and discharge documents must be submitted.

Derivative and Automatic Citizenship: What Parents and Children Should Know

Some individuals automatically become citizens without applying for naturalization, including:

  • Children born abroad to U.S. citizen parents.
  • Children who are Green Card holders and whose parents naturalize before they turn 18.

The Child Citizenship Act of 2000 simplified the rules for children under 18. To qualify for automatic citizenship under this law, the child must be under age 18, live in the physical and legal custody of the U.S. citizen parent, and be a lawful permanent resident. This status is acquired automatically on the day all conditions are met, but proof – such as a Certificate of Citizenship – is often needed for passports or government records.

Children adopted abroad by U.S. citizens may also qualify under specific provisions. Parents should file Form N-600 to obtain proof of citizenship for eligible children and ensure all supporting documents meet USCIS standards.

Can I Be Denied U.S. Citizenship?

Meeting the basic criteria does not guarantee approval. USCIS conducts a thorough review of your background, and even minor issues can raise concerns or lead to a denial. For example, discrepancies between your application and past immigration records can trigger additional scrutiny. It’s critical to provide consistent, truthful, and well-documented responses throughout the process.

USCIS may deny your application if you:

  • Fail to demonstrate good moral character (e.g., due to certain criminal convictions).
  • Owe unpaid taxes or child support.
  • Lie or provide false information on your application.
  • Fail to register for selective service (if required).
  • Don’t meet continuous residence or physical presence requirements.

Other red flags include frequent long trips abroad or discrepancies in employment history. If you’ve had an arrest, even without a conviction, disclose it with documentation. A denial doesn’t necessarily bar future applications, but it may complicate your immigration history.

How Long Does the Naturalization Process Take?

The timeline can vary depending on where you live and USCIS’s current processing workload. While general averages are helpful, applicants should always consult the USCIS website for the most up-to-date processing times at their local field office. Most applicants can expect:

  • Filing to biometrics appointment: 2–5 weeks.
  • Biometrics to interview: 6–12 months.
  • Interview to oath ceremony: 1–2 months.

Altogether, the process typically takes 12–16 months, though it may be shorter or longer depending on your local USCIS field office and your individual case.

Backlogs, missing documents, or RFE responses can extend your timeline. Track your case at my.uscis.gov and stay in touch with your attorney or representative. If your case is outside normal processing times, you may contact USCIS or request assistance from your congressional representative.

Can I Keep My Original Citizenship?

The U.S. does not require you to give up your original nationality, but your home country might. While the U.S. permits dual citizenship, some countries do not recognize it. Before applying, check your home country’s laws to understand how U.S. naturalization may affect your existing citizenship.

Dual citizens must still obey the laws of both countries and may have military or tax obligations in each. Some countries may revoke your original citizenship automatically upon acquiring U.S. citizenship.

Others may require you to formally notify them or take additional legal steps. You may also face limitations on consular protection when traveling. Knowing these trade-offs in advance helps you plan ahead.

What Are My Responsibilities as a U.S. Citizen?

Citizenship isn’t just about rights – it also comes with responsibilities. These duties reinforce the social contract between citizens and their government, promoting order and mutual accountability.

Failing to meet certain responsibilities, like filing taxes or registering for Selective Service, can even affect future immigration benefits for your family. Taking your civic duties seriously helps strengthen both your individual standing and your broader community.

  • Obey all federal, state, and local laws.
  • Pay federal and state taxes.
  • Register for Selective Service (if you’re a male aged 18–25).
  • Serve on a jury if called.
  • Participate in the democratic process by voting.

You may also be asked to help or uphold your community’s civic health during emergencies. Educating yourself about current issues and participating in public life are hallmarks of engaged citizenship. USCIS encourages all new citizens to be active in their communities.

Naturalization and Removal Proceedings: Can I Still Apply?

In most cases, you cannot apply for naturalization if you are currently in removal or deportation proceedings. However, if the proceedings are resolved in your favor – or if you qualify for relief such as cancellation of removal, adjustment of status, or asylum – you may still be able to apply at a later time.

In rare situations, you may be able to naturalize while removal proceedings are pending, but only if the immigration judge administratively closes or terminates the case, or if USCIS confirms it has jurisdiction.

It’s critical to resolve any pending issues before filing. Submitting an application while in proceedings without eligibility or resolution may lead to automatic denial. Some applicants may need to file a motion to reopen a past removal order or seek consent to reapply for admission before filing Form N-400.

These complex matters require a thorough legal review of your immigration and criminal history. Always consult an attorney if your status is uncertain or you’ve ever been in immigration court.

How an Immigration Attorney Can Help

Navigating the naturalization process can feel overwhelming – especially when you’re unsure what to expect, what forms to file, or how past actions might affect your case.

At Gendelberg Law, PLLC, we guide clients through every step of the citizenship journey. From reviewing your eligibility and preparing your Form N-400 to representing you at interviews or addressing legal complications, we make sure you’re never navigating alone.

Whether you’re applying for the first time, exploring citizenship through investment, or looking to bring your family to the U.S., our team provides the strategic support you need for success.

Ready to become a U.S. citizen?

Let’s take the next step together. Contact Gendelberg Law, PLLC, today!

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