Naturalization is the process through which a Lawful Permanent Resident or Green Card holder becomes a U.S. Citizen. If an individual has been a green card holder for a period of five (5) years and meets other appropriate criteria he/she can apply for Citizenship in the U.S. If a green card holder remains married to a U.S. Citizen (who has filed for the green card) then they do not have to wait five (5) years but they can file for Citizenship 90 days prior to the third anniversary of being a green card holder.
The advantages of U.S. Citizenship are numerous. The most important advantage of being a U.S. Citizen is that you will be able to sponsor family members in classifications (generally) faster then if you are a green card holder. Additionally, many of our clients and potential clients want to sponsor their parents and bring them to the U.S. to retire and to spend their later years with younger members of the family. Of course, being a U.S. Citizen allows you to vote and to make your voice heard about the politicians that will be representing you in the Federal, State and Local governments.
To qualify for Naturalization under Section 319(a) of the Immigration and Nationality Act (INA), you must have been a permanent resident in the U.S. (green card holder) for at least three years, you must have been living in marital union with the same U.S. citizen spouse for the entirety of these three years, and you must meet all other the other eligibility requirements under this section. However, under Section 319(b) of the INA, you may qualify for naturalization if you are a spouse of a U.S. citizen employed abroad regardless of your time as a permanent resident.
The general eligibility requirements for naturalization as a spouse of a U.S. citizen are as follows:
1. You must be 18 or older.
2. You must be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing a Form N-400, Application for Naturalization.
3. You must have been living in marital union with your U.S. citizen spouse, who has been a U.S. citizen throughout the three years, during the three years immediately preceding the date of filing the application and up until examination on the application.
4. You must have lived within the State, or USCIS district with jurisdiction over your place of residence for at least three months prior to the date of filing your application.
5. You must have continuous residence in the U.S. as a lawful permanent resident for at least three years immediately preceding the date of filing your application.
6. You must reside continuously within the U.S. from the date of your application for naturalization until the time of naturalization.
7. You must be physically present in the U.S. for at least eighteen months out of the three years immediately preceding the date of filing the application.
8. You must be a