Text Us 24/7
(617)-303-2600
1. What are the important benefits of becoming a U.S. citizen?
2. When should I apply for U.S. citizenship?
You should apply for American citizenship as soon as you qualify for it. Legal residents share practically all the obligations that citizens have (for example, the obligation to pay taxes on their income anywhere in the world, etc.), but they do not have many of the important rights of citizens nor the immigration benefits. In addition, resident status can be lost or taken away and can be very difficult to recover (for example, if you remain outside the United States for more than 180 days without permission, if you are convicted of certain crimes, etc.), whereas citizenship can only be lost in extreme situations (such as treason, etc.).
3. What are the general requirements to become a naturalized U.S. citizen?
In most situations, a person is eligible to apply for naturalization if they meet the following requirements:
- Having been a Legal Permanent Resident for 5 years (or 3 years if the spouse is an American citizen) and having maintained continuous residence.
- Being at least 18 years old.
- Having had good moral character.
- Speaking, reading, and writing in English and passing an exam on the history and government of the United States. (See the Naturalization Test: Study Materials).
- Having been physically present in the United States for at least half of the required time as a resident.
- Taking an oath of allegiance to the United States.
4. How much time can a Legal Permanent Resident spend outside of the country and still be eligible to apply for naturalization in the U.S.?
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.
5. How long is the N-400 U.S. citizenship application process, and how long after the interview will I have the oath ceremony?
In general, USCIS adjudicates the N‑400 application within 6–12 months, but processing times change frequently. USCIS usually publishes the processing times on its website. Once USCIS approves your N‑400, you will be scheduled for the “oath ceremony,” generally from 2 weeks to 2 months from the approval date, depending on the region of the country where you are located and the availability of government resources at that time.
6. Can I apply for U.S. citizenship while my application for removal of residency conditions, I-751, is still pending?
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.
7. I got my U.S. residency by marrying a U.S. citizen, but we are divorced. Can I apply for citizenship after 3 years of having my legal permanent residency or do I have to wait 5 years?
To obtain citizenship after only 3 years of becoming a legal permanent resident, you must maintain your marriage to a U.S. citizen until your naturalization is granted; otherwise, you must wait until you complete 5 years as a legal permanent resident.
8. Can I still be eligible for U.S. citizenship if I have a criminal charge or conviction?
In some situations, you may still be eligible to apply for American citizenship even if you have a criminal charge or conviction, but this depends on several factors such as the type of crime you have been accused of, the basis of the charges, whether or not you have been convicted, and the type of sentence you received. Some criminal activities will make you ineligible to obtain citizenship, while others will not. An immigration attorney with criminal experience will be best suited to help you determine whether you are eligible to apply for naturalization, so it is advisable to consult one if you have had a criminal charge and are interested in applying for U.S. citizenship. If you would like to have an appointment with one of our immigration and criminal defense attorneys at FitzGerald Law Company, call us at (617) 303-2600 or complete the appointment request form on our website.
9. I don’t speak English well, do I still have to take the language and civics exam, or are there any exceptions?
You are exempt from taking the English exam and may be allowed to take the civics exam in the language of your choice if you fall into one of the following categories:
- If you are 50 years old or older and have lived in the United States as a permanent resident for a period of at least 20 years.
- If you are 55 years old or older and have lived in the United States as a permanent resident for a period of at least 15 years.
- If you are 65 years old or older and have lived in the United States as a permanent resident for a period of at least 20 years. In this case, you may take an abbreviated civics exam.
If you choose to take the civics exam in a language other 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 toward your total time as a resident.
You may also qualify for an exception to the language and civics exam if you have extraordinary health problems.
10. I have served in the military forces, can I apply for US citizenship earlier?
There are special services and assistance that the government provides to members of the U.S. armed forces. You can find information about eligibility and access to these services on the following web pages: https://www.uscis.gov/military/naturalization-through-military-service https://www.uscis.gov/military/military-help-line
11. When are children eligible to obtain U.S. citizenship automatically through their parents?
If you become an American citizen, your children may also become American citizens through the Child Citizenship Act of 2000 (CCA). This law applies to children who turned 18 on or after February 27, 2001, which is the date the law went into effect. To qualify for “automatic” citizenship under the CCA, your child must meet the following requirements:
- Be under 18 years of age;
- Have at least one parent who is an American citizen;
- Be under the legal custody of the parent who is an American citizen; and
- Be present in the United States under Legal Permanent Resident status.
Children who automatically naturalize do not have to take the oath of allegiance and are allowed to keep any citizenship they hold from another country on the day of their naturalization.
12. If I haven’t filed taxes, am I eligible for US citizenship?
If a person is applying for American citizenship and is filing the N‑400 application (Application for Naturalization), then the person must demonstrate that they have good moral character, which generally requires complying with the laws of this country. The N‑400 application contains specific questions related to taxes, and failing to properly file taxes has been cited as a basis for denying N‑400 applications. 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 because the applicant had not disclosed that he owed back 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 arguing that the applicant was ineligible for naturalization because he had not attached copies of his tax returns.]
