The Last Step
Becoming a Citizen:
A Guide to Naturalization
So you want to become an American citizen? Congratulations, you’re about to embark on a dizzying, multi-year journey replete with heavy-duty bureaucratic entanglements, long periods of waiting, invasive personal evaluation by a string of government officials and a good deal of uncertainty.
But guess what? Successful completion of this process brings you full-fledged ownership of the oldest and most robust democratic society in the world. You will not only live and raise your children as voting members of the greatest civil society on the planet, but also achieve the dream that has led waves of refugees and émigrés to these shores for hundreds of years.
Green Card
Just as the green light on a traffic signal allows motorists to move forward, a green card enables immigrants to contemplate the first steps in the naturalization process. Without a green card, which is a permanent residency visa for its holder, an immigrant cannot move forward toward citizenship.
There are two major routes to a green card, in most situations: either an employer or immediate relative of a would-be immigrant must file a petition with U.S. Citizenship and Immigration Services (USCIS). The petition, once approved, establishes permanent residency. Sometimes, however, several years can pass between the time that a petition is approved and when a green card is officially available due to the yearly limits on visas imposed by U.S. law.
Different priority is granted to different types of people in the process, and all petitions are subject to review and rejection by immigration officials. For instance, foreign-born adult children of U.S. citizens get first preference in the process, followed by the spouses and children of those who have already obtained a green card. Only a parent, spouse, sibling or child can sponsor an immigrant seeking a green card.
Similarly, if an employer sponsors an applicant for a green card, first priority is given to foreign workers with exceptional skills, such as professors and researchers, followed by émigrés with professional degrees and so on. Bolanos, the immigration lawyers, explained, “It requires you to maintain work with that employer here, and it is a long period of time.”
Obtaining a green card through either of these routes, in the best of situations, can take years, even after a petition is approved.
There is a third way, however, to obtain a green card: through marriage to an established U.S. citizen. There are many different types of temporary visas that allow extended stays by foreign nationals it the U.S., and it is not uncommon for visitors to meet someone and get married while here. This third path to a green card has the advantage of a significantly expedited time frame for citizenship qualification, but there is also a more thorough official review process.
With permanent residency established with a green card, progress toward citizenship can officially begin once the immigrant relocates to the U.S.
Five Years
With green card in hand and permanent residency established, the next major hurdle on the road to citizenship is simply a matter of time. In order to proceed, an immigrant must live in the U.S. for a minimum of five years.
After a suitable span of continuous residency has been established, an applicant begins the naturalization process by filing an N-400 form, which is available at www.uscis.gov. There is a $310 filing fee, and proof of legal residency status—that you immigrated in accordance with federal law—is required.
There is an exception to the five-year rule. Those immigrants who have married a U.S. citizen need only reside in the country for three years before moving into the naturalization process. During that time, however, cohabitation and other indicators of marital commitment (i.e. shared bank accounts, joint tax return) must be demonstrated to immigration officials.
Continuous residence does not mean that an immigrant must remain in the U.S. without ever leaving. During that time, which is often referred to as the statutory period, extensive foreign travel is allowed without breaking the continuity of residence. But to qualify for naturalization, an immigrant must be able to prove that the U.S. remained his or her principal nation of residence during this five-year period.
This must be demonstrated by maintaining a physical presence in the U.S. for half of the required five-year—or three-year, if by marriage—statutory period. If you have been outside of the country for more than six months in one of those years, it would start the count over again.
The physical presence requirement is given particular scrutiny by USCIS officials, especially for immigrants who come from countries near the U.S. Naturalization law allows exceptions for some sorts of religious workers, people serving in the military and people working for the U.S. government overseas.
Good Moral Character
Saintliness is not required of those wishing to become citizens of the U.S., but immigration officials do investigate all applicants for “good moral character.” This requirement is actually somewhat misnamed, since it is not good deeds that immigration officials wish to detect, but the absence of bad deeds.
The question of who has attained “good moral character” is, by and large, subjective and left to the discretion of each USCIS examiner. There are, however, certain red flags that can almost certainly doom an applicant.
A criminal record can jeopardize an applicant, but misleading a USCIS official about one’s criminal record is even worse. Examiners will ask applicants if they have ever been arrested. It is important to answer questions about past conduct truthfully, even if you were arrested but no charges were filed.
Certain crimes, criminal pursuits and personal misdeeds can disqualify an applicant from the naturalization process. Failure to pay child support, a pattern of alcohol or drug abuse, involvement in illegal gambling or prostitution, and failure to pay taxes can all lead to failure of the good moral conduct requirement. Parking tickets, disorderly conduct and other minor offenses on your criminal record will not be a problem in most cases.
Serious felonies, like murder or drug dealing, will not only end the naturalization process for an immigrant, but also will likely lead to deportation and a life-long ban on naturalization.
Civic and English-Language Knowledge
To become a naturalized citizen, an immigrant must demonstrate a basic knowledge of U.S. history and government, and must be able to express that familiarity in English.
Ironically, many of the people born into U.S. citizenship might have trouble with some of the questions on the civics exam. Nevertheless, it only takes a general knowledge of the major figures in American history and the basic principles of constitutional law to pass the civic exam.
English-language proficiency can be far more difficult for many immigrants. The naturalization process requires that every applicant demonstrate the ability to speak, read and write in English. Interviews with USCIS officials must be conducted in English for the most part; if a question arises that needs to be discussed in minute detail, applicants have a right to conduct that discussion in their native language. The civics test is administered in English and requires written responses.
An exception to the English-language requirement can be made for immigrants over the age of 50 who had had a green card for 15 or 20 years. These older applicants must still pass a civics exam, but USCIS will make the test available in the applicant’s native language.
Immigrant to Citizen
The process described above typically takes about 10 to 12 months from beginning to end, and there is a lot of waiting during the application process.
It takes about 45 days from the time you submit your application to the time a receipt is issued. Next, a period of six to 10 months will pass before the applicant is summoned for fingerprinting at a federal building in Manhattan. The final steps—the interview and examination—come a few months later, depending on the backlog in the system.
The good news, however, is that notification follows promptly after the interview with USCIS. If you pass, then you will be assigned to an upcoming swearing in ceremony at a nearby location.
