As a Green Card holder, it almost naturally follows that after a few years, you will be moving towards obtaining U.S. citizenship. After all, this is - in a way - the underlying intention of the Green Card system: a probationary period on the path to becoming a new American!

As it turns out, though, many people are unaware of their eligibility, don’t understand the benefits or underestimate the risks of remaining a Green Card holder instead of acquiring citizenship.

Today, let’s have a deep dive into what it means to become a U.S. citizen, the requirements and motives for naturalization, and some of the specific benefits that are granted only to citizens.

What is naturalization?

Essentially, it’s the process through which immigrants can become U.S. citizens; there are a variety of paths and grounds for naturalization, most of which require the immigrant to first obtain a Green Card and reside in the U.S.

The most notable exception to this rule applies to people who fulfill certain military service conditions and may receive preferential treatment towards fast-tracked naturalization.

In general, from the moment of the application for citizenship until the day the immigrant takes the Oath of Allegiance, you should expect a waiting time of around 18 to 24 months. Upon filing your application, you will need to pay a filing fee of $640, as well as an $85 biometrics fee for applicants under 75 years old. 

Neither of these fees apply for Military applicants.

1. Conditions of eligibility

Whether or not you can apply for Naturalization depends on a couple of different factors:

• How long you have been a Green Card holder
• How long you have lived in the U.S.
• Whether you have served in the U.S. Military, and whether you served in wartime or peacetime.

A regular Green Card holder can apply for citizenship if he has had his or her Green Card for 4 years and 9 months, and has lived on U.S. territory for at least 30 months within that period.

A Green Card holder who is married to a U.S. Citizen can file their application 2 years and 9 months after receiving their Green Card, if they have lived together for that entire period, but need to have lived in the U.S. for only 18 months. Your spouse must also have been a U.S. citizen for at least 3 years at the time of the application.

2. Special regimes for Military service

When it comes to Military service considerations for naturalization applications, one important factor to keep in mind is how the U.S. authorities define “Wartime” versus “Peacetime” service.

Wartime service specifically applies for veterans who served during one or more of the following periods:

• First World War (April 6, 1914 to November 11, 1918)
• Second World War (September 1, 1939 to December 31, 1946)
• Korean War (June 25, 1950 to July 1, 1955)
• Vietnam War (February 28, 1961 to October 15, 1978)
• First Gulf War (August 2, 1990 to April 11, 1991)
• “War on Terror” (September 11, 2001 to Present)

For applicants who have served in the Military during peacetime for at least 12 months, if they apply within 6 months of being Honorably Discharged from the armed forces, there is no requirement for having held a Green Card for any amount of time, nor to have lived on U.S. territory prior to the application.

If you served in the Military during peacetime for less than 12 months, or more than 6 months ago, you will need to fulfill the requirements of a regular Green Card holder in order to qualify for citizenship.

An applicant who has served in the U.S. military during any wartime period may apply for citizenship directly, without having to obtain a Green Card or needing to live in the U.S. prior to the application. The applicant only needs to have been physically on U.S. territory (this includes overseas territories, U.S. vessels and other) at the time they were (re-)enlisted in the military or extended their service contract.

The same is true for widows or widowers of U.S. citizens who have died while honorably serving in the U.S. Military - as long as they were living with their spouse at the time of death, and are a Green Card holder at the time of the Citizenship interview.

3. Requirements for applying

Beyond the above conditions of eligibility, there are also some general requirements that apply:

• You must be at least 18 years old

• You must not have left the U.S. for more than 6 consecutive months in the 3-5 year waiting period since obtaining your Green Card (if a waiting period is applicable to you)

• You must have lived in the State where you plan to file your application since at least 3 months before the filing date (if a waiting period is applicable to you)

• You must be a person of “good moral character”; specifically, you must not have certain crimes on your criminal record from any time before filing your application (exceptions are applicable to certain military applicants). Such crimes can be, for example, murder, illegal gambling, or intentionally lying to the U.S. authorities for immigration benefits - including during your citizenship interview. 

More broadly speaking, the term means you should generally measure up to the normal standards of behavior within your community - and authorities will decide on a case-per-case basis whether or not the applicant fulfills this requirement.

• You must pass a Naturalization Test, which includes 2 parts: a basic English proficiency exam (reading, writing and speaking) and a Civics test, which covers basic knowledge of U.S. history and principles of government. 

Applicants with certain disabilities or applicants above 50 years old who have lived in the U.S. for over 15 years may be partially or fully exempted from this test.

• You must be willing to perform Military or Civilian service for the United States if called upon.

• For males between 18 and 25 years old, you must register with the Selective Service System

•  You must declare yourself willing to defend the U.S. Constitution.

What are the steps to take?

1. Applying for Naturalization

The first step towards becoming a U.S. Citizen is filing Form N-400 (Application for Naturalization) and paying the filing fees, if those apply to your case. All of this may be done either physically, or entirely online once you have created an account with the USCIS (United States Citizenship and Immigration Service).

For regular Green Card holders to whom a waiting time of 3 or 5 years applies, the filing may be done up to 90 days early (2 years 9 months or 4 years 9 months respectively), if all other eligibility requirements are met. This allows the applicant to get ahead of the process, however they still need to wait the full period before being able to become a U.S. citizen.

2. Biometrics Appointment

Once your application is filed, the next step is scheduling your biometrics appointment (if you are under 75 years old), to register your fingerprints. This is done at the nearest USCIS field office to your location of residence, usually around 30 days after your application has been filed.

Just as you might have experienced if you have obtained a family-based Green Card previously, your prints are used in order to run a background check.

3. Citizenship Interview and Naturalization Test

Some 12 to 14 months (on average) following your application, your Citizenship Interview will be scheduled. Keep in mind that the exact duration will depend on how busy your local USCIS office is. The office handling your case is determined based on your U.S. ZIP code, so your geographical location is a big factor.

If you are applying from abroad (for special cases, as previously cited), the interview will be held at the consular office or embassy nearest to you, or at the military facility in which you serve, if you are in active duty at the moment of your application.

The USCIS actually has made quite a useful tool available to the public in order to get a specific estimate for the waiting times at different field offices across the country.

The purpose of the interview is for the USCIS officer to verify and validate the information provided on your Application for Naturalization. It is important to be well prepared, and to have with you any documents that may help strengthen your case if applicable to you. Your immigration lawyer is best placed to help you with this.

Simultaneous to the Citizenship Interview, the officer in charge of your case will also have you complete a two-part Naturalization Test - unless you qualify for an exemption (for military service or by fulfilling certain age requirements).

• The first part of the Naturalization Test is an English language proficiency test, in which your general level of written and spoken English is evaluated. No worries, you are not expected to be the next Shakespeare: the test is quite basic, and here at GovAssist we have all the necessary materials to help you prepare well ahead of time.

• The second component of the exam is the Civics Test; this part of the Naturalization Test is about U.S. history, the Constitution and the basic principles of how the government institutions in the country work. Again, the material is not very complicated, and with some basic preparation you will do great.

In case you fail the Naturalization Test (or part of it) the first time, each applicant is given a second chance to pass any portion they did not pass again. A separate appointment will be set for the retake session.

• If you pass the interview and the exam, the officer will formally approve your application at the end. There are some cases where additional documentation may be requested, and a second interview scheduled - you can minimize the risk of this happening by consulting closely with your immigration lawyer before you go to your appointment, and anticipating possible questions the USCIS officer could have.

• If you do not pass the interview/exam, you will receive an official letter from the USCIS detailing the reasons why. You may appeal the decision up to 30 days after receiving this letter, or you must re-apply and start the whole process again. USCIS policy on reconsidering denied applications is quite strict, so the importance of getting everything right the first time is not to be underestimated. Getting the right legal assistance from the start is one of the best ways to avoid issues down the road.

4. Oath of Allegiance ceremony

Even if your application is approved by the USCIS officer, you are not a U.S. citizen yet! 

In order to complete the process and officially receive U.S. citizenship, you will have to attend an Oath of Allegiance ceremony. The date, time and the location at which you are invited to attend will be provided to you by mail after you have successfully completed all the previous steps.

The location at which the ceremony is organized is usually a local courthouse or USCIS office; this means that once again, the time it will take between your interview and the ceremony depends heavily on how busy authorities are at your location.

Once you arrive for the ceremony, you will have to hand in your Green Card - and you will leave with a Certificate of Naturalization, to officially start your new life as a full-fledged U.S. citizen!

Click here to read the second part of this extensive article on naturalization.

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.