US CITIZENSHIP BY NATURALIZATION
An individual who was not born in the United States may still be eligible to become a U.S. citizen, depending on their circumstances. These individuals must be 18 years of age or older when filing an application for the naturalization process.
Under most situations, a foreign national must be a Lawful Permanent Resident (LPR) to apply for citizenship by naturalization. However, there are certain exceptions to this process. For example, individuals who honorably served in time of war or during declared hostilities designated by a Presidential Executive Order can apply for naturalization even if not under LPR status.
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LAWFUL PERMANENT RESIDENT (LPR) STATUS
Foreign nationals who are green card holders, or Lawful Permanent Resident(LPR), may live and work in the United States permanently. Green cards are normally valid for ten-year increments, and they can be renewed indefinitely.
Green card holders do not have certain rights and privileges that are awarded to US citizens. For example, LPRs do not have the right to vote in US elections and they cannot hold US passports. For these and other reasons, green card holders may want to apply for US citizenship by naturalization.
There are additional requirements for US citizenship eligibility based on each situation.
Acquiring US Citizenship as an LPR Qualifying U.S. Lawful Permanent Residents may apply for naturalization to obtain U.S. citizenship if they meet the following requirements:
- Continuous residence in the U.S. for at least five years prior to filing for Naturalization
- Stepping outside the U.S. for six months or more would disrupt the continuity of their U.S. residence
- Physically present in the U.S. for at least 30 months out of the previous five years
- Must reside continuously in the U.S. from the date of filing until admission to U.S. Citizenship
- At least 3 months spent residing in the state where they intend to file the application
- Demonstrate good moral character
- Demonstrate basic understanding of U.S. history and government
- Demonstrate the capability to be able to read, write, and speak basic English
RESIDENCY REQUIREMENTS
Normally, a Lawful Permanent Resident must reside in the US continuously for five years from the date they became an LPR before they can apply for US citizenship.
However, there are certain exceptions to the residency rule:
- Spouses of U.S. Citizens: If married to a U.S. Citizen, the residency requirement is three years if:
- U.S. Citizen spouse has been a citizen for three years; and
- The couple has been residing together in “marital union” for three years
- Battered Spouse/Child of U.S. Citizen protected under VAWA: If they obtained Lawful Permanent Resident status because they were battered or suffered extreme cruelty at the hands of their US citizen spouse, they may apply for citizenship after three years of Resident status.
- Marital union requirement is waived
- Children must be 18 years of age or older to apply for naturalization
- Refugee: If an individual is granted refugee status while in another country, and then enters the U.S. as a refugee, their permanent residence begins on the date of U.S. entry. The time spent in the U.S. as a refugee will count toward the required five years of Permanent Residence for naturalization eligibility purposes.
- Asylee: If were granted asylum in the U.S., individuals can apply for naturalization four years after obtaining Permanent Residence
