The Immigration and National Act (INA) allows lawful permanent residents of the United States to become citizens of the United States through a process called Naturalization. Individuals can become citizens of the United States through various ways. The two most common ways is to be born inside of the United States or to undergo the process of naturalization after being a lawful permanent resident for a prescribed period of time. Individuals born inside of the United States are born as citizens regardless of the immigration status of their parents. Individuals born outside of the United States with one or both parents being citizens of the United States at the time of their birth may be considered citizens of the United States at the time of the birth. See “Deriving Citizenship Through Parents” below.
This section will discuss the requirements for lawful permanent residents of the United States to become citizens of the United States. Lawful permanent residents of the United States must satisfy the following requirements in order to file for naturalization with the United States Citizenship and Immigration Service (USCIS):
(1) The lawful permanent resident must be at least eighteen (18) years of age;
(2) The lawful permanent resident must have been a resident of the United States for a required period of time;
A minimum of three (3) years if you became a lawful permanent resident through marriage with a citizen of the United States and are still married and residing with the same spouse, OR
A minimum of five (5) years if you became a lawful permanent resident though an avenue other than through marriage to a citizen of the United States.
(3) The lawful permanent resident must have maintained continuous residence in the United States;
Must not have resided outside of the United States for more than six (6) months in a single trip during the time you were a lawful permanent resident.
For example, you take a trip outside of the United States on January 1, 2017 and return April 1, 2017. You have only been outside of the United States for four (4) months during that single trip.
(4) The lawful permanent resident must prove physical presence in the United States for the above mentioned required periods of time of lawful permanent residency;
Must prove that you have been physically present in the United States for the three (3) or five (5) year requirement of lawful permanent resident status.
This can be proved by submitting tax returns and other documentation evidencing your physical presence in the United States.
(5) The lawful permanent resident must have resided within the state or USCIS district where you plan to file for a minimum of three (3) months;
(6) The lawful permanent resident must prove that you are a person of good moral character;
This usually means that you are not a danger to the community or have been convicted of certain crimes while residing in the United States.
(7) The lawful permanent resident must pass a civics test which consists of questions about United States history and government;
(8) The lawful permanent resident must demonstrate a basic understanding of the English language (ability to speak, write and understand); and
(9) The lawful permanent resident must declare an attachment to the United States Constitution and take a Oath of Allegiance.
Please note that military personnel are afforded special provisions regarding continuous and physical presence requirements to become United States Citizens.
How Long Does It Take to Become a Citizen?
Wait times vary by state and the USCIS district in which you reside. Currently, the average wait time for individuals living in Maryland and having their interviews at the USCIS Baltimore Field Office is about nine (9) months.
Process
The first step is to submit your Form N-400, Application for Naturalization, with the appropriate USCIS Service Center. The state where you reside determines to which USCIS Service Center you send your application. You will then receive a Form I-797C, Notice of Receipt, when the USCIS Service Center has received your application.
Thereafter, you will receive another Form I-797C informing you of your biometrics appointment (fingerprinting). The notice will tell you the date, time and location of your appointment. It is very important that you attend the biometrics appointment. Failure to attend can result in your Form N-400, Application for Naturalization, to be denied.
Additionally, USCIS can also send you Form I-797E, Request for Additional Evidence, if they require any additional information from you in order to process your application. The notice will tell you exactly what information they need and you will be given a deadline to submit the information requested. It is very important that you submit the requested information before the deadline. Failure to comply with the deadline can result in your Form N-400, Application for Naturalization, to be denied.
Lastly, you will receive a notice with the time, date and location of your naturalization interview. It is extremely important to attend your naturalization interview. Failure to attend the naturalization interview can result in the denial of your Form N-400, Application for Naturalization.
Preparing for Your Interview
It is extremely important that you study for your naturalization interview. You should review your Form N-400, Application for Naturalization, to refresh your memory in regards to the information contained therein. The Form N-400 will contain answers with dates and you should have those dates memorized.
You will also need to study for the civic’s test that is administered at your interview. USCIS offers study materials free of charge. You can access those materials online at: https://www.uscis.gov/citizenship/learners/study-test.
What to Expect at the Interview
Please note that it is very important that you arrive at least fifteen (15) minutes early to the USCIS field office location where your interview will take place. You will be required to go through a security checkpoint and sometimes the wait time can be lengthy. The naturalization interview will be conducted in English unless you qualify for an exception.
Once you arrive at the USCIS filed office, you will need to check in with a USCIS staff member. If you have an attorney, it is very important not to check in with the staff member until your attorney has arrived. However, you should tell the staff member that you are present but that you are waiting for your attorney.
Depending on the USCIS field office, you will either be called by name or by ticket number so it is very important to be aware while in the waiting area. You will then be taken to the USCIS officer’s office where the interview will be conducted.
The USCIS officer will introduce himself then place you under oath. The interview usually begins with the USCIS office reviewing and asking you questions about your application. You are required to answer the questions that are asked.
If you have an attorney, your attorney is not allowed to answer any questions on your behalf. However, your attorney can clarify answers to the officer if there are any legal issues with your response. Additionally, your attorney can object to questions that are outside of the scope of the naturalization interview process.
After the USCIS officer has reviewed your application, he will begin administering the civics test. The civics test consists of questions about the United States history and government. The USCIS office will ask you up to ten (10) questions. You are required to answer six (6) of the ten (10) questions correctly. Generally, the USCIS officer will conclude the civic’s test if you answer the first six (6) questions correctly.
Next, the USCIS officer will ask you to read out loud a sentence in English. He will then ask you to write a sentence in English. The USCIS officer will tell you what you will need to write. This is done to ensure that you satisfy requirement number eight (8) listed above.
If all goes well, the USCIS officer will tell you that you have passed your naturalization interview. However, your application will usually have to be reviewed by another USCIS officer before you are approved for citizenship. The USCIS officer will give you an estimate of the wait time. Lastly, you will receive a notice in the mail with information about the time, date and location of your naturalization oat ceremony.
It is important to note that requesting a name change on your Form N-400, Application for Naturalization, will delay the naturalization process. The delay will vary depending on the state and USCIS district where you reside. If you reside in Maryland and will have your naturalization interview at the USCIS Baltimore Field Office, the delay is approximately one (1) month. The reason for the delay is due to the fact that name changes must be performed at the Federal District Court, where you will also take your oath of citizenship. You will receive a notice in the mail with information about the time, date and location of your name change and oath ceremony.
Deriving Citizenship Through Parents
Derived citizenship is the process by which individuals under the age of eighteen (18) can receive United States Citizenship without having to become lawful permanent residents. This is because under the current law, those individuals are actually born as citizens of the United States even though they are born outside of the United States. Derived citizenship is a very complicated and technical process. Essentially, an individual may be eligible for derived citizenship if either one or both of that individual’s parents were a citizen of the United States at the time the individual was born. Please consult with us if you think you may be eligible to become a citizen of the United States through derived citizenship.