citizenship services
AENLegal helps with Naturalization applications and Obtaining proof of citizenship. Click here to get started today.
Naturalization
The decision to become a U.S. Citizen can be very exciting. However, it can also raise a lot of logistical as well as existential questions. Some questions people often ask themselves include: “Does my country of origin allow dual nationality?”, “Does this mean I will be giving up my identity?” “What extra protections will citizenship afford me?”, to the most basic, “Am I eligible to apply?”.
Dual Nationality
Whether or not your country of origin allows dual nationality is best answered by an Attorney who is licensed in your country of origin, but you may be relieved to know that the United States of America does allow dual nationality! This means that, so long as your country of origin does not object, you can keep both nationalities. However, being a dual national can get complicated in certain rare circumstances. For example, dual nationals are subject to the laws of both countries, which can theoretically conflict. Additionally, the U.S. Government may have more difficulty offering Consular Protection to dual nationals when they are abroad, especially if they are in their country of origin.
You can read more about dual nationality under U.S. law on the State Department’s website.
Eligibility
Whether or not you are eligible to apply for Naturalization depends largely on the basis of your original Green Card. Was your Green Card obtained through marriage to a U.S. Citizen? If so, you should be eligible to apply for Naturalization once you have been a U.S. resident for three years. This is not three years since you came to the U.S. necessarily, but three years from the date your Green Card was issued. Absent rare circumstances such as abuse or death, you must still be married to the U.S. Citizen.
Most other individuals are eligible to apply for Naturalization 5 years from the date of issue of their Green Card. You can check out this worksheet by USCIS for some general information. HOWEVER, this worksheet is not exhaustive! There are several exceptions which are not included on this worksheet, including, Permanent Residents whose spouses were/are abusive or who passed away. If you think you may fit into an exception or if you aren’t sure, please schedule a consultation with us so who can help guide you.
Other Factors
There are other important factors to consider when contemplating Naturalization. For example, if you haven’t properly filed taxes or disclosed a criminal record, you may be denied Naturalization and will then have to wait 5 more years before you can re-apply! It is important that you are aware of these factors before proceeding so that you don’t inadvertently get a denial or worse, trigger a Notice to Appear or deportation.
Application
Applications for Naturalization under the above circumstances are filed using Form N-400, Application for Naturalization, and can be submitted up to 90 days before the date of eligibility. This form can now be submitted online! If you are interested in learning more about Naturalization, please contact our firm today and we would be happy to assist you.
USCIS Policy Alert of February 22, 2021:
Effective March 1, 2021, USCIS is reverting to administering the 2008 civics test to naturalization applications who filed before December 1, 2020, or who file on or after March 1, 2021. Applicants who file between December 1, 2020 and March 1, 2021 will have the choice to take either the 2008 or 2020 civics test, provided their initial interview is scheduled to occur before April 19, 2021. USCIS will only ask civics test questions until the applicant passes or fails either the 2009 civics test or the 2020 civics test.
Obtaining Proof of Citizenship
There are other individuals who become eligible for citizenship due to other triggers.
Citizenship at Birth
If you were born outside of the United States to a U.S. Citizen Parent, and Citizenship was legally transferred to you at birth, you may obtain proof of citizenship. Whether you obtained citizenship at birth relies on what the laws were at the time of your birth. For example, depending on when you were born, and whether you have one or two U.S. Citizen parents, you may need to prove that your U.S. Citizen parent or grandparent lived for a specific number of years in the United States before you were born. The current law was enacted on November 14, 1986 and was last amended on February 27, 2001. If you were born before November 14, 1986, you will need to consult the law that was in effect during your birth date. Please contact our firm to find out if you obtained Citizenship at birth.
Resources
Form N-600, Application for Certificate of Citizenship, is generally the correct form for this type of application. However, Form N-600K, Application of Citizenship and Issuance of Certificate under Section 322, is generally the appropriate form if you or your U.S. Citizen parent regularly reside abroad.
Citizenship after birth, but before age 18
Generally, the guidelines for obtaining citizenship after birth but before the age of 18 are as follows:
You are the biological child of a U.S. Citizen Parent
You are lawfully admitted to the United States as a Lawful Permanent Resident
You are living in the United States in the legal and physical custody of your U.S. Citizen Parent.
In this case, the child has two options to obtain proof of citizenship. They can apply for a Certificate of Citizenship, Form N600, or in certain circumstances, they can apply directly for a U.S. Passport.
This list is not exhaustive
If you believe you may be eligible for Naturalization or Proof of Citizenship, please contact us to schedule a consultation. The law in this area is very complex and only by discussing the specific facts of your case can an Attorney offer you proper legal advice.