Becoming a U.S. citizen through naturalization is a major milestone. It is the way so many people fulfill their American dream. Still, it can be a complicated process. Naturalization requires careful preparation as well as compliance with all eligibility rules. Among other things, applicants must meet residency and physical presence requirements, demonstrate good moral character, and pass English and civics tests. The process can feel overwhelming, but understanding each step helps reduce delays and mistakes. At The Law Offices of Ricky Malik, P.C., we are proud to be leaders in immigration law, including citizenship cases. Here, our Virginia citizenship lawyer provides an overview of the requirements (and tips) for the naturalization process.’
What is Citizenship Through Naturalization?
United States Citizenship and Immigration Services (USCIS) explains that naturalization is the legal process that allows a non-U.S. citizen (foreign national) to become an American citizen after meeting certain requirements. Once granted, naturalization citizenship provides the same rights as someone born in the United States, including voting, holding a U.S. passport, and access to government benefits. Here are the key points to understand about naturalization:
- Must Apply: Naturalization is not automatic. It is a formal process overseen by USCIS.
- Equal Rights: Once naturalized, you enjoy nearly all the rights of birthright citizens. There are only rare and narrow differences, such as eligibility for the presidency.
- Commitment to the Country: Naturalization involves swearing allegiance to the United States and agreeing to uphold its Constitution and laws.
- A Permanent State: Citizenship is generally permanent unless obtained through fraud or voluntarily given up.
- Full Protection: Naturalization provides security against deportation. That matters because it is something that permanent residency does not fully guarantee.
Know the Requirements to Be a Naturalized American Citizen
You cannot simply show up in the United States and apply to become a naturalized citizen. There are specific requirements that must be satisfied before a person will be eligible to submit (let alone be approved for) citizenship through naturalization. Here is an overview of key requirements:
- Lawful Permanent Residence: To qualify for naturalization, you must first hold lawful permanent resident status (a green card). Most applicants must live in the United States as a permanent resident for at least five years before applying. However, if you are married to a U.S. citizen, you may be eligible after three years of residency.
- Continuous Residence: Applicants must show they have lived continuously in the United States for the required period of time. Extended absences, especially those lasting six months or more, can interrupt this requirement. If continuity is broken, you may have to wait longer before reapplying for citizenship.
- Actual Physical Presence: At least half of the residency period must be spent physically inside the United States. For most applicants, this means a minimum of 30 months within the five-year period. You will want to make sure you can prove physical presence with documentation.
- Good Moral Character: USCIS requires proof of “good moral character” during the statutory period leading up to naturalization. Among other things, there will be a review of criminal history, an assessment of honesty in dealings with the government, and an evaluation of one’s ability to follow the general community standards. Certain crimes or dishonest acts may result in a denial of the application.
- English and Civics Knowledge: Applicants must demonstrate the ability to read, write, and speak basic English. In addition, they must pass a civics test covering important aspects of U.S. history and government. There are some limited exemptions that exist for older applicants or those with long-term permanent residence. Still, you should not rely on an exemption unless it is absolutely necessary.
- Age Requirement: Naturalization is generally available only to individuals who are at least 18 years of age at the time of filing. Children under 18 may obtain citizenship through their parents, but they cannot apply independently. The age requirement ensures maturity and readiness for the responsibilities of citizenship.
Understanding the Process for Citizenship Through Naturalization
Applying for naturalization involves several steps. At any point during the process, something could go wrong that could delay your application. It could even lead to a denial of citizenship. It is important to get things right the first time. If you are preparing to apply for naturalization in Virginia, it is essential to have a basic understanding of the process and relevant laws. There are both legal and practical considerations. Here are some key points to know:
- You Must Complete Form N-400: The form is the official application for naturalization. It requires personal information, supporting documents, and the filing fee.
- You Must Attend a Biometric Appointment: USCIS schedules an appointment to collect your fingerprints, photograph, and signature for background checks.
- You Must Interview with USCIS: A USCIS officer interviews you about your background and tests your English and civics knowledge.
- You Need to Await a Decision on Your Application: After review, USCIS either approves, denies, or continues the case if more information is needed.
- You Must Provide an Oath of Allegiance: If approved, you attend a ceremony and take the oath, officially becoming a U.S. citizen.
- You Will Receive a Certificate of Naturalization: This document proves your citizenship and allows you to apply for a passport and register to vote.
Every case is different. The process can take many months, but each step moves you closer to full membership in American society. Careful preparation (and the right legal guidance and support) can make the citizenship through naturalization journey as smooth as possible.
How Our Virginia Citizenship Attorney Can Help
Citizenship through the naturalization process can be complicated, especially in the current environment. It is imperative that you have the right legal representation. At The Law Offices of Ricky Malik, P.C., we are a boutique immigration law firm that has extensive experience with citizenship. Our legal team is proactive and solutions-focused. Your initial consultation with our Virginia citizenship attorney is completely confidential and without obligation.
Call Our Virginia Immigration Lawyer for Immediate Help
At The Law Offices of Ricky Malik, P.C., our Virginia immigration attorney has the skills and experience to handle all types of citizenship issues. If you have any questions or concerns about citizenship through the naturalization process, we can help. Contact us today for a fully confidential consultation. We provide immigration law services throughout Northern Virginia.