It is not uncommon for our neighbors to the north to want to relocate to the United States and, eventually, become U.S. citizens so that they may enjoy all of the rights associated therewith. There are several ways that this may be accomplished. Here, we discuss some of the different ways that a Canadian citizen can become a U.S. citizen.
The Process of a Canadian Becoming a U.S. Citizen
Usually, a Canadian citizen will first have to obtain permanent resident status in the U.S. In other words, he or she will need to get a green card and live in the U.S. for a specified period of time before being eligible for U.S. citizenship. The time a Canadian citizen must hold a green card and reside in the U.S. before being able to apply for naturalization will largely depend on the basis upon which they were granted permanent resident status and upon which they are seeking U.S. citizenship.
If a Canadian citizen received permanent resident status through marriage to a U.S. citizen, he or she will be eligible to apply for U.S. citizenship three years following the date of green card approval. The application for naturalization can actually be submitted 90 days prior to the three-year mark. Even if a Canadian citizen obtained permanent resident status through marriage to a U.S. citizen, but later got divorced, he or she may still apply for naturalization but will have to wait to apply until five, as opposed to three, years have passed. If a Canadian citizen received permanent residence status through a family member or through employment, then he or she will also need to wait five years until applying for U.S. citizenship. Applications may also be submitted 90 days prior to the five-year mark.
Maintaining permanent residence status is just one of the requirements that must be met before applying for U.S. citizenship. There is also a continuous residence requirement as well as a physical presence requirement. The Canadian citizen must physically reside in the U.S. for a minimum of 30 months of the 5 year period prior to the application for citizenship if his or her green card was obtained through employment of family members. If the green card was obtained through marriage to a U.S. citizen, then the Canadian citizen must physically reside in the U.S. for a minimum of 18 months of the 3 year wait period prior to applying for U.S. citizenship.
There is also the physical presence requirement. A Canadian citizen seeking naturalization must reside in the state or district from which they are applying for a minimum of three months prior to submitting the application. In addition to all of these timing requirements, there are also other requirements necessary for becoming a U.S. citizen. Any applicant for U.S. citizenship must be able to demonstrate good moral character. They must have a solid understanding of the English language. They must also be prepared to vow loyalty to the U.S. and defend the Constitution.
Immigration Law Attorneys
If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com