How Do I Become a U.S. Citizen?

There are several paths to becoming a U.S. citizen. Most citizens get citizenship status by being born in the United States or having U.S. citizen parents. Children with a parent that is a naturalized citizen may also become citizens if they are lawful permanent residents (LPRs). However, for people born outside the U.S. and those without U.S. citizen parents, there is a long list of requirements before the applicant can obtain U.S. citizenship.

Citizenship Through Birth or Parents

Any person born in the United States, or U.S. territory (including Guam, Puerto Rico, the U.S. Virgin Islands, or the Northern Mariana Islands) is automatically considered a citizen, with limited exceptions. Citizenship upon birth is granted under the Fourteenth Amendment to the Constitution.

Even if the child is not physically born in the U.S., they may be citizens if one or both parents were U.S. citizens. Generally, citizenship through a citizen parent for a child born outside of the U.S. requires at least one parent has to be a U.S. citizen and the parent has to have lived in the United States for a period of time. If you have questions about citizenship based on birth or citizen parents, talk to your experienced immigration attorney for help.

Citizenship Through Naturalization

A non-U.S. citizen will generally have to go through the “naturalization” process to become a citizen. The first step is making sure you are eligible for citizenship. Eligibility requirements for citizenship through naturalization include:

• Be at least 18 years of age
• Be a Permanent Resident of the U.S. for at least 5 years (Green Card holder) (Permanent Residents in the U.S. for at least 3 years may be eligible if they are married to and living with a U.S. citizen for at least 3 years, the spouse has been a citizen for at least 3 years, and the LPR has not been outside the country for 18 months or more.)
• Not been outside the U.S. for 30 months or more during the last 5 years
• Not taken a trip out of the U.S. that lasted for one year or more (in the past 3 or 5 years)
• Continuous residence for at least 3 months in the U.S. Citizenship and Immigration Services (USCIS) state or district where you applied for citizenship
• Can read, write, and speak basic English
• Have a fundamental understanding of American history and government
• Be a person of good moral character

The applicant must have never deserted for the U.S. Armed Forces and never received an exception or discharge from the military services based on alien status. Applicants have to promise to perform military or civilian service if required by law, support the Constitution, and take an oath of allegiance to the U.S. There are also certain Selective Service requirements for male applicants.

There are some exceptions to a few of the above requirements. For example, a Permanent Resident could have an exemption from the physical presence requirements if they had an approved Application to Preserve Residence for Naturalization Purposes. If you have any questions about the immigration process, talk to your experienced immigration lawyer for advice.

Naturalization Process

There are many steps to the naturalization process once you determine you are qualified. The naturalization form is known as the N-400 Application for Naturalization. To apply for naturalization:

1. Prepare and submit Form N-400
2. Make a one-time payment for Form N-400 and biometric services
3. Go to biometrics appointment
4. Complete the Interview (Naturalization Test)
5. Receive a decision from the USCIS about your Form N-400
6. Receive a notice to take the oath of allegiance at the naturalization ceremony
7. Take the oath of allegiance to the United States
8. Understand your rights and responsibilities as a U.S. citizen

This process can take more than a year from the time you submit your application (Form N-400) until you become a U.S. citizen. However, since there are many steps to become a U.S. citizen, the citizenship processing time may be longer. In general, once you have Permanent Resident status, it may take 4 to 6 years before you could be approved for citizenship.

It is important to begin the process as soon as you meet the requirements to obtain citizenship. Getting started as soon as possible will help you get the benefits of citizenship. Be sure to seek professional help from a qualified immigration attorney if you have any other questions about the requirements and process for becoming a United States citizen.