A: Ok, so you have the green card. Now…when can you start applying for citizenship? The answer will vary depending on how you obtained the green card.  Once you have submitted your US citizenship application, however, the rest of the citizenship process is the same no matter how you got your green card. If you do not know which of the following categories describes your particular situation, a citizenship lawyer can help determine when you can start applying for citizenship or discuss the citizenship process in general.

Green Card Citizenship

In general, green card holders must wait five years before applying for citizenship. The green card citizenship process also requires a showing of five years of good moral character. Applicants naturalizing via the general green card citizenship route can submit an application up to 90 days before their five year green card anniversary date. However, due to the dramatic decrease in current US citizenship application processing times, applicants must make sure to reschedule any citizenship interview that would take place prior to the five year anniversary date. Attending a citizenship interview before having a full five years of permanent residence may result in the application being denied and the applicant having to reapply and pay an additional filing fee. If you are unsure of when you should start applying for citizenship via the green card citizenship route, please contact a citizenship lawyer at 800.989.6942 or send an email using the form to the right.

Applying for Citizenship via marriage

Lawful permanent residents who have had their green cards and been married to US citizens for three years can take advantage of the marriage citizenship process. To qualify for marriage citizenship, the spouse of the US citizen must be able to show three years of good moral character and must be able to prove that the marriage to the US citizen is ongoing and bona fide (real).  Applicants naturalizing via the marriage citizenship route can submit a US citizenship application up to 90 days before their three year green card anniversary date. However, due to the dramatic decrease in current US citizenship application processing times, applicants must make sure to reschedule any citizenship interview that would take place prior to the three year anniversary date. Attending a citizenship interview before having a full three years of permanent residence may result in the application being denied and the applicant having to reapply and pay an additional filing fee. If you are unsure of when you should start applying for citizenship via the marriage citizenship route, please contact a citizenship lawyer at 800.989.6942 or send an email using the form to the right.

Citizenship Lawyer Questions?

No matter how you obtained your green card, whether through marriage, employment, as a refugee, through asylum or as a member of the military, a citizenship lawyer can explain the citizenship process for your particular situation.

A: Once you have been a US permanent resident green card holder for the requisite number of years, the American naturalization process, or American citizenship process, begins when the naturalization attorney files of the citizenship application (N-400) at the proper citizenship application lock box facility. See American citizenship application filing locations.

After the N-400 is received and processed by USCIS, the naturalization applicant or attorney will receive an appointment for biometrics and fingerprinting. There will be a delay in processing of the application while the applicant’s background is checked. The amount of time required for this background check depends on the individual’s background and/or criminal history. Your naturalization attorney will be able to identify any problematic items in your background, or issues with meeting the American citizenship requirements, so that they can be addressed by the naturalization attorney during your citizenship interview.

Only after the applicant’s background check has been completed will the citizenship interview be scheduled at the local USCIS office.  During the interview, the immigration officer will confirm that you meet all of the American citizenship requirements. If any issues arise during this part of the interview, your naturalization attorney will be prepared to advocate on your behalf.  Once the immigration officer is satisfied that you meet the citizenship requirements, the English and civics test will be administered.

The total length of time for completion of the American citizenship process will vary depending on the circumstances of an individual case. However, USCIS states that most citizenship applications are being processed within 5 months of filing with the appropriate lock box.

A: Certain permanent resident green card holders can get US citizenship through marriage to a US citizen via a process called naturalization. US naturalization requirements for an applicant applying for citizenship through marriage differ from those applying through the normal route in the number of years of permanent residency required prior to applying.  In order to get US citizenship through marriage, the applicant must be married to a US citizen for three years. Others who get US citizenship via naturalization must wait five years, although there are limited exceptions.

A citizenship attorney can determine whether or not you qualify for US citizenship through marriage. If you do not qualify, the citizenship attorney can advise you on other paths to US citizenship that may be available to you.  Don’t waste application fees on an unapprovable US naturalization application – contact a citizenship attorney today to find out if you qualify for US citizenship through marriage by dialing 800.989.6842.

A: Most US citizenship interviews take place at the USCIS field office closest to where the person applying for US citizenship lives. There are typically two parts to the US citizenship interview.

First, the immigration officer reviews the US citizenship application to determine whether or not the person applying for US citizenship has met all the US citizenship requirements, including the requirement for good moral character.  A citizenship lawyer can be helpful during this part of the interview to help explain the history of the applicant’s residency, travel abroad, voting history, criminal record, or other issue that could potentially lead to a denial of the US citizenship application.

The second part of the US citizenship interview consists of the English and Civics citizenship tests. A citizenship lawyer will not be able to aid the applicant during this part of the interview, unless the citizenship lawyer is needed to facilitate approval of a test waiver due to advanced age or disability.

If you are considering applying for US citizenship, contact a citizenship lawyer at 800.989.6842 to discuss your ability to meet the US citizenship requirements and identify any potential problems associated with your US citizenship application.

1. CITIZENSHIP APPLICATION FEES ARE LIKELY TO INCREASE. Over the years we have witnessed a dramatic increase in citizenship application fees charged by USCIS, and the situation is likely to continue. In the summer of 2007, USCIS increased fees on many immigration applications, including the N-400 Application for Naturalization. At the time, the N-400 fee was increased almost 80% from $330 to $595. Recent statements made by immigration officials hint at another increase in the near future to help combat the decrease in immigration application fees collected across the board in 2009. If the government imposed the same percentage increase, the new naturalization application fee would be $1071!!! Why wait? Apply today!
2. USCIS CITIZENSHIP APPLICATION PROCESSING TIMES ARE UNBELIEVABLE SHORT RIGHT NOW! Shortly before the 2007 citizenship application fee increase, USCIS was flooded with 400,000 citizenship applications in July 2007. They just recently finished digging themselves out of the citizenship processing backlog where applicants waited up to a year to become citizens. Now the average time to complete the naturalization process is 4 months (citizenship application processing times by office). However, if fees increase again as predicted, we can expect another long backlog. Why not apply now while the lines are short?
3. GREEN CARD HOLDERS ARE DEPORTABLE; US CITIZENS ARE NOT! Certain crimes or illegal activity, such as voting in federal elections, could get a green card holder deported. The same activity will not cause a person to lose acquired US citizenship. If you meet the citizenship requirements, but have developed a criminal record since obtaining your green card, contact a naturalization attorney to discuss whether it is safe for you to apply for citizenship.
4. GREEN CARD HOLDERS CANNOT VOTE IN FEDERAL ELECTIONS! Only US citizens can vote in federal elections (and most state and local elections). Why live in a country where you are not permitted to participate in the political process? Isn’t freedom one of the reasons why you came to the US in the first place? Apply for citizenship now to ensure that you will be permitted to vote in the 2012 presidential election!
5. US CITIZENS CAN SPONSOR OTHER IMMIGRANTS IMMEDIATELY; MOST GREEN CARD HOLDERS MUST WAIT IN LINE. Currently, the waiting list for green card holders who petition for their spouses to become green card holders is approximately five years. US citizens can sponsor their spouses immediately.
6. GREEN CARD HOLDERS DO NOT QUALIFY FOR SOME FEDERAL JOBS. The US government is a favored employer because it offers great hours, great pay and great benefits. However, certain of these choice jobs are reserved for US citizens only.
7. AREN’T YOU SICK OF WAITING IN THE GREEN CARD HOLDER LINE AT THE AIRPORT? I recently wrote an article about my tour of passport control at LAX airport in Los Angeles.  There were roughly three groups of weary travelers – US citizens who breezed through passport control and customs; green card holders who walked slowly through; and everyone else who crawled through. Further, green card holders who have problematic backgrounds, such as prior criminal convictions, can expect to be subjected to the dreaded secondary inspection each and every time they enter the US. There is no way to escape this burecratic red tape. US Citizens, on the other hand, rarely experience such problems.
8. TRAVEL OUTSIDE THE US FOR HOWEVER LONG YOU WANT Most people that immigrate to the United States leave behind a life abroad and often want to visit for expended periods of time. However, a green card holder can lose their status, and their green card, if they are outside the US for too long. Stop worrying about risking your green card on triroad – become a US citizen now!
9. STOP HAVING TO RENEW YOUR GREEN CARD! Modern green cards must be renewed every 10 years by filing form I-90. After filing form I-90, permanent residents must attend a biometrics and fingerprint interview and will not receive a new green card until they have passed a background check. This process is costly (~$350), time-consuming (currently about 100 days) and, if negative information is uncovered during the background check, can lead to a request for more information, an interview or deportation proceedings. Once you become a citizen, you will never have to renew your green card again.
10. CARRY A US PASSPORT AND OBTAIN HELP FROM US EMBASSIES & US CONSULATES ABROAD The United States has a robust and professional diplomatic corp whose sole mission is to aid US citizens who are traveling abroad. This resource can be invaluable if you lose a travel document or encounter legal trouble overseas.