Applying for U.S. Citizenship - The Naturalization Process

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In U.S. immigration law, naturalization refers to the process of becoming a U.S. citizen rather than being born one.  Permanent residents may apply for citizenship upon being a permanent resident for five years, or upon being a permanent resident for three years if they have been married to the same U.S. citizen spouse for at least three years.  The requirements for persons who serve in the military are very different.  Please see our Naturalization Through Military Service web page for more information.

The Bureau of U.S. Citizenship and Immigration Services (USCIS) is required to make a decision on a person's citizenship application within a reasonable period of time.  If a person has had a citizenship interview, the law requires USCIS to make a decision within 120 days of date of the interview.  If USCIS denies a citizenship application, the citizenship applicant has the right to appeal the decision. To find out what you can do if USCIS delays or denies your citizenship application, please refer to our article on Delays and Denials of Citizenship Applications.

Citizenship is important.  As Supreme Court Chief Justice Earl Warren wrote in his dissent in Perez v. Brownell (1948):

Citizenship is man's basic right for it is nothing less than the right to have rights. Remove this priceless possession and there remains a stateless person, disgraced and degraded in the eyes of his countrymen. He has no lawful claim to protection from any nation, and no nation may assert rights on his behalf. His very existence is at the sufference of the state within whose borders he happens to be. In this country the expatriate will presumably enjoy at most, only the limited rights and privileges of aliens and like the alien he might even be subject to deportation and thereby deprived of the right to assert any rights.

Permanent resident status in the United States is not permanent.  Under current U.S. immigration law, being convicted of certain crimes may make a permanent resident removable from the United States.  In certain situations, this may be true even where the crime is a minor state law misdemeanor, or even if the crime occurred many years ago.  One advantage of citizenship is that citizens are not removable from the United States.

There are many other benefits of citizenship, including the right to vote, the ability to travel or live freely outside the United States for long periods of time, the right to hold special government jobs, and eligibility for public benefits not available to non-citizens.

When you apply for U.S. citizenship, it is usually the last time USCIS reviews your immigration file to see not only whether you are eligible for citizenship but also to make sure you are eligible to remain in the United States.  Because of the possibility that applying for U.S. citizenship could lead to your removal from the United States, it is a good idea to consult with an immigration attorney before you file your application.  You should definitely consult with an immigration attorney before applying for citizenship if you have ever committed any crime or had any contact with the police.

If you have ever traveled outside the United States for a continuous period of more than 180 days since becoming a permanent resident or frequently traveled outside the United States since becoming a permanent resident, you should consult with an immigration attorney before you apply for citizenship.

Our law firm has experience representing permanent residents with complex citizenship cases.  If you would like to discuss your citizenship case, please contact us.  We will guide you through every step of the process.  This includes a detailed review your entire immigration history to make sure there is no risk to you in applying for U.S. citizenship; preparing and filing your citizenship case with USCIS; keeping you updated on your case status; representing you at your citizenship interview; and answering any questions you have as you move through the citizenship process.