Naturalization and How to Apply for Citizenship in the United States
Discover seamless Naturalization solutions with Din Law Group.
If you are a lawful permanent resident or child of a U.S. citizen wondering how to apply for citizenship, you need an experienced citizenship lawyer who understands the processes.
Choosing an immigration lawyer for citizenship-related legal advice is one of the most important decisions you will make. Navigating the Immigration and Nationality Act (INA) is difficult without the help of an experienced immigration attorney.
Din Law Group has practiced immigration law exclusively since 2012. The legal team and lead immigration attorney Asma Din have the litigation skills, resourcefulness, and life experience to guide immigrants through their immigration journey to completion of the naturalization process or acquisition of citizenship.
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The Difference Between Citizenship and Naturalization
You can gain citizenship either through naturalization or through acquisition.
- Naturalization – Naturalized means having gone through the process of becoming a citizen after having a green card for three or five years, depending on your circumstance.
- Acquisition– Acquired means obtaining U.S. citizenship due to a parent being a U.S. citizen. This is done at birth or after birth, but before the age of 18.
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How to Apply for Citizenship as a Lawful Permanent Resident
The most common path immigrants take to gain citizenship is by applying for naturalization after being a lawful permanent resident for at least five years.
The basic eligibility requirements for citizenship based on being a lawful permanent resident for at least five years include:
- Continuous residence in the United States for five years immediately prior to filing the application for naturalization
- The LPR should be at least 18 years old before submitting their application for naturalization
- Physical presence in the United States for at least 30 months out of the five years of continuous residency
- Proper filing for Form N-400, Application for Naturalization
- Demonstrating that you have lived for three months or more in a state or district overseen by the jurisdiction of USCIS
- Showing that you have shown good moral character for at least the five years immediately prior to filing the application for naturalization
- Show that you have an attachment to the ideals and principles found in the U.S. Constitution including believing in the principles of the Constitution and a lack of hostility towards the government of the United States
- The ability to read, write, and speak basic English
- Understanding of basic U.S. history and civics
- Swearing an Oath of Allegiance to the U.S.
We recommend consulting with an immigration attorney when looking to obtain U.S. citizenship to ensure you meet all eligibility requirements.
How to Apply for Citizenship as the Spouse of a U.S. Citizen
There are similar eligibility requirements for those married to a U.S. citizen and those not married to a U.S. citizen, but there are also some distinct differences.
Here are the different eligibility requirements for U.S. citizen spouses:
- Continuous residence in the United States for three years immediately prior to filing the application for naturalization
- Living in the U.S. as a LPR for at least three years before filing your application for naturalization
- Living in marital union with your spouse for at least three years before filing your application and while USCIS decides on your application
- Physical presence in the United States for at least 18 months out of the three years of continuous residency
- Showing that you have shown good moral character for at least the three years immediately prior to filing the application for naturalization and until your naturalization id complete
If your spouse is a U.S. citizen employed by the U.S. government, certain U.S. research institutions, U.S. corporations that develop trade and commerce, certain public international organizations, or certain religious or missionary organizations, and your spouse if stationed abroad, you may still be eligible for naturalization.
You will still need to meet all the above requirements, but you would not be bound to a specific period of time as an LPR. You also wouldn’t have to fulfill the continuous residency or physical presence requirements. Plus, there is no specific time period of marital union, except that you do have to have a valid marriage prior to applying and you must be applying as an LPR.
Your citizenship lawyer will help you show that you intend to live with your spouse abroad but will also return to the U.S. once your spouse returns from the work abroad as well.
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How to Apply for Citizenship Through Military Service
There are various requirements for applying for citizenship following military service. You will need to consult with an immigration citizenship attorney, because this can be an especially difficult process. Many of the general naturalization requirements are waived if you have honorably served.
Along with waiving certain requirements, though, comes an additional new requirement. You must prove that you served honorably by submitting additional documentation. Exactly what you will need to submit depends on if you are already separated from the U.S. Armed Forces or if you are still serving. Your immigration attorney will explain exactly what you need to submit along with your naturalization application.
If your military service was between certain designated periods of hostility, qualifying may be even easier. Your immigration attorney will need accurate details of your service to determine which requirements will apply to you.
In all cases, a dishonorable discharge or administrative discharge other than honorable will not qualify you for citizenship. It is possible to request a discharge upgrade.
Veterans are more likely to be granted a discharge upgrade if their dishonorable or administrative discharge was connected to any of the following:
- Posttraumatic stress disorder (PTSD)
- Traumatic brain injury (TBI)
- Sexual assault or harassment during military service
- Sexual orientation
Discharge upgrade requests to the Department of Defense can take a long time, but they are possible.
While many bases may have a designated USCIS liaison to help immigrants through the naturalization process, many who served have been let down without the help of an experienced immigration attorney. It’s important to have a citizenship attorney to guide you and ensure all paperwork is filed properly.
How to Apply for Citizenship for a Child of a U.S. Citizen
If you are a U.S. citizen and your child is under 18 and has not yet obtained citizenship, consult with an immigration attorney as soon as possible. Depending on the circumstances, your minor child may qualify for citizenship through acquisition or naturalization. If you are the guardian of a child whose parent has died but was a U.S. citizen, you might also be able to grant permission for that child as well.
An immigration attorney will be able to explain all conditions that must be met for citizenship, but it’s typically easier for a child of a U.S. citizen to obtain citizenship than it is for others.
Choose an Experienced Citizenship Lawyer
If you are interested in pursuing citizenship through naturalization or citizenship through acquisition, you need an immigration attorney you can trust. Din Law Group offers free confidential citizenship consultations in Irving, Texas.
We can let you know if you meet the eligibility requirements and can walk you through the process, fill out all necessary forms, and prepare you for your interview, English and civics tests.
