The Steps to Citizenship

Do you have what it takes to be an American citizen? You may think that the answer to that question is obvious, but there’s more to this question than just answering “yes”. Frankly, anyone you ask will say “Of course I do.”  However, before any person can become a naturalized citizen, there are a few requirements that must be met:

1.  You must be admitted as a lawful permanent resident and have a green card to prove it. If you do not or cannot meet this requirement, then game over. No matter what your current status is, whether you are here on a valid visa (i.e. student, visitor, investor, religious, etc.) or have no status here, you CANNOT apply for citizenship if you don’t have a green card. It doesn’t matter if you have been here for 5, 10, 15, 20, or even 25 years.  It doesn’t matter if you pay your taxes and are a productive member of society.  If you do not have a green card, you cannot apply for citizenship. There is nothing in the Immigration and Nationality Act that allows any person to become a citizen if they have been residing in the US for a long time, no matter how unfair that might seem. If you are not sure whether you are a lawful permanent resident, or you pass this first test, please seek the advice of an immigration attorney before you apply.

2.  You must have your green card for a requisite number of years. The number of years you must wait before you apply for citizenship will depend on how you got your green card in the first place. Usually, a person must have a green card for a period of 5 years before they can apply for citizenship. If you obtained your green card through marriage to a United States citizen, you can apply for citizenship 3 years after you got your green card. If you apply prior to your eligibility date, the United States Citizenship and Immigration Services (“USCIS”) will reject your application. If you are not sure how long you should wait before you apply, seek the assistance of an immigration attorney to determine when are you eligible to apply for citizenship.

3.  You must have continued physical presence in the US. What that means is that you must spend enough days living in the US to be eligible to apply for citizenship. If you did not receive your green card through marriage to a US Citizen, then you must be present in the US for at least 913 days. Where did this number come from? Great question, but for you to understand it, we need to do some algebra. There are 1,826 days in a 5-year span (don’t forget the leap year). If you divide the total number of days in 5 years by 2, you arrive at the magic number of 913 days.  Even if you travel during those five year, you must spend at least 913 days in the US.  It is extremely important that any trip you take is less than 1 year in length. If your trip exceeds the 1 year mark, then you run a high risk of disrupting your continued presence and the clock might restart. If you are not sure whether you have achieved the requisite number of days you must be physically present in the US, seek the advice of an immigration attorney to determine whether you are ready to apply for citizenship.

4.  You must not have any serious criminal issues. While this last requirement is a topic in itself, it must be mentioned here. There are several crimes that can disqualify you from becoming a citizen. Parking tickets, speeding tickets, or small moving violations will not harm your path to citizenship. However, if you have been charged with any crimes that involve moral turpitude, or if you have committed a crime of violence, you may not be able to achieve the American dream. If you have any criminal background, it is imperative that you seek the advice of an immigration attorney to determine whether you can apply for a citizenship.

The requirements listed above are meant to give you a general idea of what you need to have in order before you decide to apply for citizenship. Of course, anything can arise during your application process. Even if you meet the criteria above, discuss your eligibility for citizenship with an immigration attorney.  There are many small things that can keep you from obtaining your citizenship or delay the process.  The advice and guidance of an immigration attorney will prevent you from making mistakes, and save you a lot of hassle in the long run.

We are here to help you with the citizenship process. Please submit the information below, and we will contact you within one business day. Or call us at 847-677-8700 for a free consultation.  Let our experienced attorneys guide you through the citizenship process.

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