Many long-time green card holders reach a point where they plan to move back to their home country, whether to retire, care for family, or take a job. Some want to become U.S. citizens first so they can return freely in the future. That can be a sound plan, but the timing matters, and for nationals of some countries, including Japan, citizenship carries consequences at home as well.
The Basic Requirements
- Five years as a green card holder. The wait drops to three years for someone who has spent those three years married to, and sharing a home with, a U.S. citizen spouse.
- Physical presence in the United States for at least half of that period, which is 30 months on the five-year track.
- Continuous residence. Trips shorter than six months generally do not affect it. Once a single trip runs past six months, USCIS starts from the assumption that your residence was interrupted, and you will need proof of your U.S. job, home, taxes, and family to show otherwise. Stay away a full year or longer and, in most cases, that proof will not be enough.
- Living for three months or more in the state or USCIS district before you file there.
- Good moral character, a basic understanding of English, and knowledge of U.S. history and government.
The rules on absences are set out in 8 CFR 316.5.
The Steps
- File Form N-400. You may file up to 90 days before you reach the five-year or three-year mark.
- Attend a biometrics appointment.
- Go to your interview. An officer will go over your answers under oath and test your English and your knowledge of U.S. history and government.
- If approved, take the Oath of Allegiance. You are not a citizen until the oath.
- Apply for a U.S. passport after the oath.
Details and the current form are on USCIS’s N-400 page.
Why Moving Before the Oath Is Risky
You must keep your continuous residence not only before you file, but from the date you file until you take the oath. Moving abroad after filing, or spending long periods outside the United States while the case is pending, can lead to a denial. Officers may also ask about your plans, and answers must be truthful. The safest approach is to finish the process, including the oath, before relocating, and to build enough time into your plans for processing, which varies by office.
A Special Issue for Japanese Nationals
Japan generally does not allow its adult citizens to keep Japanese nationality after voluntarily acquiring another one. According to the Consulate General of Japan in Los Angeles, a Japanese national who becomes a U.S. citizen by naturalization loses Japanese nationality under Article 11 of Japan’s Nationality Act, and a report of the loss must be filed, within three months if the person lives abroad. Regaining Japanese nationality later requires living in Japan and going through naturalization there. Anyone planning to return to Japan should weigh this carefully before applying, since it affects how they will live, work, and hold property in Japan.
Tax Planning Comes First
Long-term green card holders who give up their status, and U.S. citizens who later renounce, may face the U.S. expatriation tax. Becoming a citizen keeps you in the U.S. tax system, which taxes citizens on worldwide income wherever they live. Coordinate with a tax advisor before deciding between citizenship and surrendering a green card.
Frequently Asked Questions
Can I apply for citizenship and then move abroad while the case is pending?
This is risky. Continuous residence must last from filing through the oath, and moving abroad before the oath can lead to a denial.
Are short trips abroad a problem?
Trips under six months generally do not break continuous residence, but they still count against the physical presence requirement.
When can I file Form N-400?
As early as 90 days before your fifth (or third) anniversary as a permanent resident.
Will I lose my Japanese citizenship if I naturalize?
Japan’s Consulate explains that voluntarily acquiring U.S. citizenship causes the loss of Japanese nationality under Article 11 of the Nationality Act.
Do U.S. citizens living abroad still file U.S. taxes?
Yes. U.S. citizens are taxed on worldwide income wherever they live. Speak with a tax advisor about your situation.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at Nachman, Phulwani, Zimovcak & Batra (NPZ & B) Law Group, P.C. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.