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September 15, 2022

Can any LPR become a U.S. citizen? (part 2)

In the first part of this topic we covered the conditions for eligibility to become a U.S. citizen and what are the steps to take, from filing the first form until taking the Oath of Allegiance. 

Let’s focus further on the most important benefits of obtaining U.S. citizenship - and why you shouldn’t underestimate the risks of remaining a Green Card holder instead of acquiring citizenship.

Why do citizenship applications get denied?

There can be a variety of grounds based on which your application may be rejected, even though you believe you are eligible.

One of the most common “accidental” ways in which people disqualify themselves is by leaving U.S. territory for more than 6 consecutive months while they hold their Green Card. Even if you were allowed to re-enter the U.S. without issues, the waiting time for Naturalization purposes gets reset, unless you have specifically applied for an exemption to this effect.

So if you are a Green Card holder and need to travel abroad, take a look at this article for some more details on what to consider.

Additionally, if you have provided incorrect information in your application - intentionally or not - and it leads the officer to believe you are trying to mislead the authorities in some way, you may face major issues, including in some cases, the loss of your Green Card. It is important to understand how your case might be interpreted, so that if there are any potential sticking points, you can prepare for those in advance.

Benefits of becoming a U.S. citizen

Upon receiving your Certificate of Naturalization, you will enjoy a variety of new Rights and benefits that are reserved to U.S. citizens, which you do not enjoy as a Green Card holder.

  • The right to vote in Federal Elections

As a Green Card holder, you may be able to vote in certain local elections, depending on the jurisdiction you live in.

As a U.S. citizen however, you can vote for presidential, congressional and senatorial representatives - and have your say in the future and leadership of the country.

  • Eligibility for Public Office

Beside voting, you can also run for office as a candidate in elections as a U.S. citizen (except for the office of President, which is available only to citizens by birth).

  • No more dealing with immigration authorities

No more filing of immigration forms, no more processing fees, no more checking with the USCIS whenever you want to travel abroad, no more worries about re-entering the U.S., and no more need to check-in with authorities when you move addresses. Simply put, life does become a lot simpler as a U.S. citizen.

In addition, you no longer face the risk of deportation, even if you are convicted of a crime. Naturalized citizens can only be deported if they are stripped of their citizenship - which is extremely rare in practice, and usually only happens if your application is found to be fraudulent after the fact.

  • Public sector employment opportunities

U.S. law dictates that only citizens may be employed to work for the U.S. government. Income levels for such positions vary, of course, but in general federal employees enjoy higher pay and better benefits than their counterparts in the private sector.

  • Access to certain Government Assistance programs

Programs like social security and Medicare are (at best) only partially available for Green Card holders, so as a citizen you may finally enjoy these fully. Federal college assistance, similarly, is only available to U.S. citizens.

  • Ability to support your relatives

As a U.S. citizen, your (minor) children automatically obtain citizenship as well. You can also sponsor any other direct relatives who wish to apply for a Green Card. You can read more about this subject here.

  • Obtaining a U.S. Passport

As a citizen, you are entitled to an American passport and all the benefits it carries with it:

  • visa free access to over 180 countries and territories around the world
  • the ability to receive emergency help from the U.S. embassy when traveling
  • unlimited duration or frequency of travel (subject to the destination’s visa policies).

Duties, responsibilities and considerations for new U.S. Citizens

Becoming a U.S. citizen is an exciting prospect, and certainly a privilege that is not to be underestimated. However, you should keep in mind that there are also some responsibilities you must be willing to accept, and some things to consider before you make the decision to apply.

  • Your home country may require you to abandon your original citizenship

The U.S. allows dual citizenship, but many other countries do not allow you to keep your original nationality if you decide to naturalize and obtain U.S. citizenship. 

  • You may be called to serve in the Military

The mandatory draft was suspended in 1973, but not abolished. If it is reinstated, for instance in the face of a major conflict, you could however be drafted to serve as a U.S. citizen. Any male between the age of 18 and 25 (whether a citizen or a Green Card holder) must register with the Selective Service System to this effect.

  • You may be called to serve on a Jury

In the U.S., jury duty is mandatory if you are summoned and selected. If summoned, you have the obligation to attend, but you only need to serve on the jury if the judge and attorneys on the case select you. There are some exemptions, based on age, disability, public office positions and other considerations.

  • Death and Taxes

As a U.S. citizen, you will need to file U.S. income tax returns for the rest of your life, regardless of which country you live in. If this seems strange to you, that’s because it is unusual indeed - the U.S. is one of only 2 countries in the world (along with Eritrea) who base their tax regime on citizenship rather than residency.

Fortunately, the IRS does allow taxpayers abroad to exclude a certain amount (currently up to $100’000) per year from taxation, so you would only start paying on sums above this total. You do need to file your returns on time like any other citizen!

  • Your criminal history will be intensely scrutinized

If you’ve committed a crime that could make you deportable — such as immigration fraud, drug abuse, or domestic violence — it’s especially important to seek legal assistance before applying for naturalization.

If you have any doubts about the above, it is important to consult with a licensed professional before making a decision. Schedule a consultation with one of GovAssist Legal immigration lawyers now.

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are for general informational purposes only.

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GovAssist Legal, LLC is a non-traditional legal services provider employing Utah-licensed lawyers to practice law. GovAssist Legal has been authorized to the practice of Immigration Law by the UT Supreme Court's Office of Legal Services Innovation. GovAssist Legal works with individuals and private organizations in family-based immigration matters, permanent residency, United States citizenship and also travel visas. This law firm is owned by nonlawyers. Some of the people who own/manage this company are not lawyers. For more information regarding the UT Supreme Court's Innovation Office's Sandbox Program, please visit: utahinnovationoffice.org. To contact GovAssist Legal administration email legal@govassistlegal.com. To contact Client Support please email support@govassistlegal.com.

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