Benefits of Being a United States Citizen

As you well know, applying to obtain citizenship/naturalization can be complex and costly, especially if there are errors in the application, which generally result in inconvenient delays. Getting in touch with an immigration attorney with extensive experience can save you valuable time and effort in preparing your case to apply for U.S. citizenship.

Our team of Immigration Attorneys in Boston has decided to dedicate the content of this newsletter to the important topic of the application process and considerations regarding obtaining U.S. citizenship, in commemoration of Hispanic Heritage Month. This newsletter is especially relevant to you whether you have spent a considerable amount of time outside the U.S. as a lawful permanent resident, or if you have had problems with immigration applications in the past or have had to face criminal charges.

We hope you find this information useful, and as always, please share this content with anyone you know who may need U.S. immigration information. Thank you for being loyal subscribers to our newsletters on topics related to U.S. Immigration Law.

1. What are the major benefits of becoming a U.S. citizen?

The benefits of being an American citizen 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 consecutive days; and the right to confer citizenship status to certain children under 18, among others. Citizens can also petition for residency for their parents, married children, and siblings, while permanent residents cannot. In addition, the spouses and children of U.S. citizens may be eligible to receive residency (a Green Card) with shorter waiting periods than the relatives of permanent residents.

2. When should I apply for citizenship?

As soon as you qualify for it. Legal permanent residents share almost all obligations toward the U.S. that citizens have (for example, the obligation to pay taxes on income earned anywhere in the world), but they do not have many of the important rights of citizens nor the immigration benefits mentioned in Question 1. In addition, permanent residency can be lost (and is very difficult to recover), while citizenship is permanent.

3. What are the general requirements to become a U.S. citizen?

In most situations, a person is eligible to apply for naturalization if they meet the following requirements:

• The applicant has been a lawful permanent resident for five years (or three years for spouses of U.S. citizens)

• The applicant is 18 years old

• The applicant is of good moral character

• The applicant can speak, read, and write English

• The applicant must pass a test on U.S. history and government

• The applicant has been physically present in the U.S. for at least half of the required time

• The applicant has continuously maintained lawful permanent residency

• The applicant swears loyalty to the U.S. through an oath of allegiance

(Note: Children under the age of U.S. naturalization applicants may also be eligible and included in a naturalization application under certain circumstances.)

4. How long can a person remain outside the country and still remain eligible for naturalization?

A person cannot be outside the U.S. for more than 180 continuous days, however, this is not the only requirement. You must permanently reside in the U.S., which is not determined by a fixed number of days but rather by your conduct and activities. For example, if you sell your home in the U.S. and buy a home in another country, accept employment in another country, or enroll your children in school abroad—even if you have been outside the U.S. for only a short period—immigration authorities may infer that you have established residence outside the U.S., causing you to lose your lawful permanent resident status.

5. How long does the U.S. citizenship application process take, and how long after the interview must one wait to attend the oath ceremony?

In general, the process takes between 4–12 months, depending on the region of the country where the application is filed. If approved, you will be scheduled to take the Oath of Allegiance within a period that may range from two weeks to two months after your interview, depending on your location and the availability of resources at that time.

6. Can I apply for naturalization while my I‑751 petition to remove conditions on residence is still pending, if I meet the 3‑year requirement based on my marriage to a U.S. citizen?

Yes, you may do so, as long as you meet all other naturalization requirements.

7. I received my Green Card through marriage to a U.S. citizen, but we are no longer married. Can I apply for citizenship after 3 years of being a lawful permanent resident, or must I wait 5 years?

To obtain citizenship after only 3 years of becoming a permanent resident, you must still be married to and living with a U.S. citizen. Otherwise, you must wait until you complete 5 years as a lawful permanent resident.

8. Am I eligible for U.S. citizenship if I have been arrested or charged with a crime?

It depends on several factors, such as the crime you were charged with, the basis of the charges, whether you were convicted, and whether you were sentenced. Some criminal activities will make you ineligible for citizenship, while others will not. An immigration attorney with criminal defense experience is 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 any criminal offense and are interested in applying for U.S. citizenship.

9. I do not speak English well. In this case, must I take the English and civics exam, or are there exceptions?

There are only a few exceptions. You do not have to take the English exam and may take the civics exam in the language of your choice if you fall into one of the following categories:

• Age 50+ with 20 years as a permanent resident

• Age 55+ with 15 years as a permanent resident

• Age 65+ with 20 years as a permanent resident, eligible for a simplified civics exam

To qualify for these exceptions, your time as a permanent resident does not need to be continuous. You are eligible as long as your total time as a permanent resident is at least 15 or 20 years, depending on the category. Remember that time as a conditional resident also counts.

You may also qualify for an exception to the English and civics exam if you have extraordinary medical conditions.

If you are currently in Massachusetts or will be coming to the area and need help processing your immigration petition, personal injury claim, or criminal defense case, call to schedule an appointment with one of our attorneys specializing in immigration, criminal defense, and personal injury at: (617) 303‑2600.