Naturalization & Citizenship
How Can I Help My Family Member Gain Citizenship?
Every year about 680,000 persons are naturalized as citizens. while about four million or so are born as citizens either here in the United States or by having U.S. citizen parents.
Citizenship is a unique bond that unites people around civic ideals and a belief in the rights and freedoms guaranteed by the U.S. Constitution. Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. Depending on your situation, there may be different ways to obtain citizenship.
The United States recognizes three types of citizenship:
(1) by birth in the country, or jus solis;
(2) by descent or being the child of at least one U.S. citizen parent, also known as jus sanguinis; or
(3) through naturalization.
What Options Are Available for U.S. Naturalization or Acquisition?
Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and National Act (INA).
Acquisition of citizenship is obtained through U.S. citizenship parents either at birth or after birth, but before the age of 18.
What are the Requirements for Naturalization?
In general you must meet the following criteria:
Age: In order to qualify to file an application for naturalization you must be at least 18 years of age.
Residency: You must be a lawful permanent resident and have resided in the U.S. for at least 5 years since receiving your Green Card OR you must have resided in the U.S. for 3 years if you are married to a U.S. Citizen. Furthermore, you have have been physically present in the U.S. for at least 30 months out of the previous 5 years and must have resided within a state or district for at least 3 months. Absences of more than 6 months but less than one year shall disrupt the applicant’s continuity of residence unless the applicant can prove that they did not abandon their residence during such period.
Presence: You must have been physically present in the U.S. for at least 30 months in the 5 years immediately before filing the naturalization application OR 18 months if married to a U.S. Citizen.
Good Moral Character: You must be able to show that you have “good moral character” for the last 5 years OR 3 years if married to a U.S. Citizen.
Language: You must demonstrate an ability to speak, read write and understand English and be able to pass a U.S. Civics/U.S. History examination. There are exceptions allowed for this based upon suffering from a mental or physical impairment which impairs your ability to learn English/U.S.Civics & U.S. History.
Exception for persons aged 50 and over. If you are over 50 years old and have been a lawful permanent resident for at least 20 years, or if you are over 55 years old and have been a lawful permanent resident for at least 15 years you may be exempt from the English proficiency requirement and may qualify to take the U.S. Civics/U.S. History examination in your native language.
How Can I File for a Claim to Derivative or Acquired Citizenship?
Certain foreign born people are considered by law to be U.S. citizens either because one or more of their parents were U.S. citizens at the time of their birth abroad or because they were living in the United States as lawful permanent residents and were under 18 years of age when one or more of their parents naturalized. There must be proof of continuous cohabitation with with the U.S. Citizen parent in order to qualify.
In some cases, you may not qualify for naturalization or acquired citizenship. In these circumstances we can apply for your green card through your U.S. Citizen parent. As such, you will be granted Immediate Relative status and will be granted a green card without waiting in line for a Visa to become available.
What Form(s) Do I Need to File?
In order to begin your case for naturalization or Acquired Citizenship you must file Form N-400. Some INS offices may require Biographical Information which can be provided by using Form G-325.
What Documents Do I Need to File?
You will need to submit the following documents:
- A copy of your Permanent Resident Card
- Two passport-style photographs (if you reside outside the U.S.)
- A copy of your marriage certificate (if applicable)
- Evidence of your citizen spouse’s employment abroad (if applying under 319(b))
- Form N-426, Required for Certification of Military of Naval Service (if applying for naturalization based on military service)
- DD Form 214, NBG Form 22, or discharge orders (if applying for naturalization based on military service and separated from service)
What are the Government Filing Fees for this Case?
As of August 2020, the filing fees for a N-400 are $640 plus $85 for the Biometrics Fee for a total of $725.
Applicants who are 75 years of age or older do not need to pay a biometric fee.
Service members are not required to pay any fee.
How Can I Have Your Law Office Prepare My Case?
Please fill out the form to contact us or call us at (619) 363-2871 in order to receive a Free Case Evaluation and Free Consultation. We will serve you regardless of your location.