Frequent Questions on U.S. Citizenship (FAQs)

American Citizenship include the right to vote in all government elections (federal, state and local), the right to travel and remain outside the U.S. for periods longer than 180 continuous days, the right to confer citizenship status on certain qualifying children under the age of 18, and others. U.S. Citizens are allowed to petition for the residency of their parents, married children, and siblings while U.S. residents are not. In addition, spouses and children of U.S. citizens may be eligible to receive U.S. residency (Green Card) with shorter waiting periods than family members of legal permanent residents.

You should apply for U.S. citizenship (become naturalized) as soon as you qualify for it. US Residents share virtually all of the obligations that U.S. citizens have (i.e. the obligation of paying taxes on worldwide income, etc.), but do not have many of the important rights and immigration benefits. In addition, U.S. residency status can be lost or taken away and may be very difficult to regain (i.e. if you remain outside the U.S. for more than 180 days without permission, are convicted of certain crimes, etc.), while can only be lost in extraordinary situations (i.e. in case of treason, etc.).

You should apply for U.S. citizenship (become naturalized) as soon as you qualify for it. US Residents share virtually all of the obligations that U.S. citizens have (i.e. the obligation of paying taxes on worldwide income, etc.), but do not have many of the important rights and immigration benefits. In addition, U.S. residency status can be lost or taken away and may be very difficult to regain (i.e. if you remain outside the U.S. for more than 180 days without permission, are convicted of certain crimes, etc.), while can only be lost in extraordinary situations (i.e. in case of treason, etc.).

In most situations, a person is eligible to apply for Naturalization (U.S. citizenship), if they meet the following criteria:

• Have been a Legal Permanent Resident for the last 5 years (or possibly 3 years if your spouse is a US citizen) and have maintained the residency continuously.
• Be at least 18 years old.
• Have good moral character.
• Have the ability to speak, read and write in English and pass a civics test about U.S. history and government. (See The Citizenship Test: Study materials)
• Have been physically present in the U.S. at least half of the required time as a U.S. Legal Permanent Resident.
• Take an oath of allegiance and swear loyalty to the United States.

Generally you cannot be outside the U.S. for more than 180 continuous days without special permission, however, this is not the only requirement. You must also permanently reside in the United States. This is not only established by the number of days you are in the U.S., but rather, by your conduct and activities. For example, if you sell your house in the U.S. and purchase a house in another country, accept employment in another country, and enroll your children in school in another country; even though you could have been outside the U.S. for only a short period of time, for purposes of immigration, you may have established your residency outside the U.S. and therefore lost your legal permanent resident status, which is a requirement to apply for U.S. citizenship.

Generally USCIS will adjudicate an N-400 within 6-12 months, but the processing times change frequently. USCIS publishes general processing times on their website. Once USCIS has approved your N-400, you will be scheduled for an “Oath Ceremony” which is generally between 2 weeks to 2 months from the date of the approval depending upon the region of the country where you are and the availability of government resources at that time. Remember in most cases you are not a U.S. citizen until the oath of citizenship is administered.

Yes, you may apply for naturalization if your I-751 (removal of residency conditions) application is still pending, as long you have been married to the U.S. citizen for at least 3 years and you meet all the other U.S. citizenship requirements.

In order to obtain U.S. citizenship after only 3 years of Legal Permanent Resident Status, you must continue to be married to a U.S. Citizen until your citizenship is granted, otherwise you have to wait until you have completed the 5 years with legal permanent residency.

In some instances you may still be eligible to apply for U.S. citizenship even if you have a criminal charge or conviction, but this will depends on several factors such as the type of crime that you were charged with, the basis of the charge, whether or not you have been convicted, and the type of sentence you received. Some criminal actions will render you ineligible for U.S. citizenship, while others will not. An immigration attorney with criminal experience will be best suited to help you determine if you are eligible to file for naturalization and should be consulted, if you have had a criminal charge and are interested in applying for U.S. citizenship. If you would like an appointment with the criminal and immigration lawyers of FitzGerald Law Company call us at: (617) 303-2600 or fill out an appointment request form.

You are exempted from taking the English exam, and may be allowed to take the civics test in the language of your choice if you fit into one of the following categories:

• You are age 50 or older and have lived in the United States as a Permanent Resident for periods totaling at least 20 years.
• You are age 55 or older and have lived in the United States as a Permanent Resident for periods totaling at least 15 years.
• You are age 65 or older and have lived in the United States as Permanent Resident for periods totaling at least 20 years. In this case, you may take an abbreviated civics exam.

If you elect to take the civics test in a different language than English, you must bring an interpreter to the interview.
To qualify for one of these exceptions, your time as a Permanent Resident does not have to be continuous and your time as a conditional resident counts towards your total time of residency as well. You may also be able to qualify for a language and civics test exception if you have extraordinary health conditions.

See answer to question No. 10 here.

Yes. U.S. Military personnel may be eligible to file for U.S. Citizenship earlier than other civilians, even if they served during a period of peacetime. Also, while some general naturalization requirements apply to members or veterans of the U.S. military, certain requirements may not apply to you or be reduced. For example, if you are under active duty you may not have to reside in or be physically present in the U.S. for any length of time before you may apply for naturalization.There are special services and assistance that the government provides for members of the U.S. Armed Forces. Information about eligibility and access to these services can be found at the following websites:

https://www.uscis.gov/military/naturalization-through-military-service

https://www.uscis.gov/military/military-help-line

If you become a U.S. Citizen, you children might become U.S. Citizens even if they were not born in the U.S. through the Child Citizenship Act of 2000 (CCA). This law applies to children who turned 18 on or after the effective date, February 27, 2001.To qualify for automatic citizenship under the CCA your child must meet the following criteria:

• Be under the age of 18;
• Have a parent who is a U.S. Citizen;
• Be in the “legal” custody of that U.S. Citizen parent; and
• Be present in the U.S. with Legal Permanent Resident Status.

Children who naturalize automatically do not have to take an “Oath of Allegiance” and are permitted to maintain their citizenship of any other country that they possessed on the day of their naturalization.

If a person is applying for U.S. Citizenship and is filing an N-400 (Application for Naturalization), then the person must show they have good moral character which generally requires being compliant with the laws of this country. The N-400 application has specific tax-related questions and the failure to properly file tax returns historically has been cited as a basis for denial of N-400’s.See Iqbal v. Sec’y United States Dep’t of Homeland Sec., 190 F. Supp. 3d 322, 325 (W.D.N.Y. 2016) [On March 1, 2011, an N-400 was denied on the grounds that the applicant had failed to disclose past due taxes.] and Gedi v. Gonzalez, No. 1:07-CV-2507-RWS, 2009 U.S. Dist. LEXIS 71678, at *2 (N.D. Ga. Aug. 14, 2009) [On February 27, 2002 USCIS issued a decision saying that Petitioner was ineligible for naturalization for failure to provide tax returns.]

It is important to note that not all persons living in the U.S. are required to file tax returns, i.e. children, minors, persons without income, etc.