By Karen Pollak
Ask any person aspiring to move to the United States of America what their ultimate immigration goal is and they will tell you about their dreams of becoming a US citizen.
In most cases, citizenship is obtained by either being born in the United States or having American citizens as parents or, in some rare instances, having grandparents who are citizens.
Citizenship can also be acquired through a process known as naturalization and, depending on your circumstances, there are different eligibility criteria. The most Karen Pollak
Ask any person aspiring to move to the United States of America what their ultimate immigration goal is and they will tell you about their dreams of becoming a US citizen.
In most cases, citizenship is obtained by either being born in the United States or having American citizens as parents or, in some rare instances, having grandparents who are citizens.
Citizenship can also be acquired through a process known as naturalization and, depending on your circumstances, there are different eligibility criteria. The most important of which is that you must first become a permanent resident of the United Stated to qualify for naturalization.
As explained by the United States Citizenship and Immigration Services (USCIS), “Naturalization is the process by which US citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA)…”.
For legal permanent residents, also known as Green Card holders, the path towards citizenship is relatively straightforward and is determined by the following factors:
• The amount of time you have been a permanent resident.
• The amount of time you have physically lived in the United States or,
• Whether you have served in the United States Military.
Additional requirements include applicants being at least 18 years old, being of good moral character, passing a two-part naturalization test which consists of a language and civics component and registering with the Selective Service System if you are a male, and have lived in the United States between the ages of 18 and 25.
The USCIS website provides extensive material on the naturalization process and how to prepare for the naturalization test, including a USCIS Civics Test Study Application that you can download to your phone and use to prepare for the short examination.
Legal permanent residents, who received their green cards through sponsorship by their US citizen spouses, are eligible to apply for naturalization after three years of permanent residence (actually 2 years and 9 months from the date on their conditional permanent residency card) and will have to prove that they were present in the US for at least 18 months of those 3 years.
Permanent residents who are not married to a US citizen are eligible to apply for citizenship after five years and are required to have been present in the US for at least 30 months out of that period.
Members of the US military who served the country during periods of war are eligible to apply for citizenship at any time during their enlistment or after and do not have to prove any presence in the USA. Similarly, foreign national wives who lost their US military spouses during war are also eligible to apply for naturalization at any time without having to provide proof of any presence in the United States.
The process to naturalize involves filing an application for Naturalization with USCIS, having your biometrics (fingerprints) taken, having an interview with USCIS where you answer questions about yourself and government history, and then attending a naturalization ceremony where you are sworn in as a US citizen and obtain a Naturalization Certificate. After that, you can apply for a US passport.
Citizenship provides its beneficiaries with all the same benefits, rights, and responsibilities as those born in the US. These include voting rights, access to certain federal benefits, job opportunities with the government, the ability to run for elected office and the powerful blue passport that provides visa-free travel to 184 countries. However, you cannot run for President of the United States. Citizenship also comes with certain responsibilities including renouncing your citizenship of other countries if that country does not allow dual citizenship with the United States.
Many countries, like South Africa and Australia, allow for dual citizenship if applied for before accepting US citizenship, while others like India and Japan do not allow it. Additionally, you may be called up for mandatory jury duty and you will also be required to file US Income Tax Returns for the remainder of your life regardless of where you live.
More than 800 000 permanent residents apply for citizenship on an annual basis, with a record number of 850 000 applications being received by USCIS in 2018. On average, 90% of these get approved. It currently takes about a year from the date of filing to obtain US citizenship.
About us
Pollak Immigration has assisted countless people with their immigration journey to the United States and supports our clients until naturalization.
If you would like to discuss your eligibility for naturalization, click here visit our website.
Karen-Lee Pollak is the managing attorney at Pollak PLLC. She is originally from South Africa and understands from first-hand personal and business experience the intricacies of uprooting your family to live and work in the United States. She has won numerous awards and accolades including Chambers and Partners Global Guide to the World’s Leading Lawyers (USA), D Magazine Best Lawyers in Texas, Texas Super Lawyers and Texas Rising Star by Texas Monthly. She has also been featured as one of Newsweek’s Leaders in Immigration Law Showcase and named by Corporate Intl Magazine Legal Award as ‘Immigration Law Firm of the Year in Texas’.