In a Nutshell
If you are a U.S. lawful permanent resident (green card holder) who meets residency and background check requirements, you can apply for citizenship by naturalization. There are many benefits to becoming a U.S. citizen. For example, once you become a U.S. citizen, you will be able to vote in U.S. elections, travel to and from the U.S. as you please, and apply for your eligible family members to receive U.S. green cards.
The application process is pretty straightforward. For most people, it costs $725 and takes 7-15 months. This article explains how to apply for U.S. citizenship in seven easy steps.
Before You Prepare Your Citizenship Application
Before you even consider applying for citizenship by naturalization, you should confirm that you are not already a U.S. citizen and that you are eligible to become a U.S. citizen. Read on to learn about eligibility criteria, or use our eligibility screener to find out.
Are You Already a U. Citizen?
Ask yourself these three questions:
Are You Eligible To Become a U. Citizen?
You can determine whether you are eligible for U.S. citizenship by completing USCIS’ Naturalization Eligibility Worksheet. The worksheet contains extensive information that explains the application requirements and any exceptions.
Step 1. Prepare Your Citizenship Application (Form N-400)
After determining that you are eligible for U.S. citizenship, it is time to prepare your citizenship application. Form N-400: Application for Naturalization is the form to submit for citizenship. You can download Form N-400 from the USCIS website. Form N-400 is a lengthy form, but that is because it assesses your entire immigration history in the U.S. Don’t be overwhelmed by the length of the form, though. The tips below will help you fill it out correctly.
Permanent Resident Card or Green Card
You will need to enter the date that you became a permanent resident or green card holder and your Alien Registration Number. You can find this information on your green card. If your green card is missing or has been stolen, you must apply for a new one before filing your citizenship application. To request a new green card, you have to submit Form I-90.
If your green card is expired at the time of filing for citizenship, you can renew it. Renewing a green card takes 10-12 months, but you do not have to wait until you have the renewed green card in hand to apply for citizenship. Once you receive the form I-797C receipt notice from USCIS after filing Form I-90, you can mail that in with the rest of your immigration packet at the time of submission.
You should note, however, that if you choose to file for citizenship while renewing your green card, you will be without evidence of permanent residence for things like accepting a new job, taking trips outside of the U.S., and renewing I.D. such as your driver’s license. This is something to keep in mind when deciding to apply for citizenship while renewing your green card at the same time.
Information About Current or Former Spouse(s) (if applicable)
If you have ever been married or if you are currently married, you will need to enter information about your current or former spouse(s) on Form N-400.
Information About Your Children (if applicable)
If you have ever had any children (even if they are deceased), you will need to enter information about them on Form N-400. This also applies to any children who no longer live with you.
Address Information
USCIS requires you to submit a list of all the addresses you have lived at in the past five years while being a green card holder. If you have been married to a U.S. citizen prior to your citizenship application, you must submit a list of three years’ worth of all the addresses you have lived at while married to the U.S. citizen.
Education and Employment Information
If you have ever been enrolled in school or employed at a job before applying for citizenship, you must provide the organization name, address, and the length of time you spent there for each school or job. USCIS will use this information to conduct a background check. If you have been married to a U.S. citizen before filing for citizenship, USCIS requires the past 3 years’ worth of this information. If you have not been married to a U.S. citizen, USCIS requires the past 5 years’ worth of this information.
Travel Dates
If you made any 24-hour or longer trip outside of the U.S. in the five years prior to applying for citizenship, you will need to provide information about your trips on Form N-400. A good way to be sure that you have included all the relevant information is to review your email and bank statements for any travel records. Customs and Border Patrol (CBP) admission stamps in your passport may also be good reminders of trips you have taken abroad.
Selective Service Registration Information (if applicable)
U.S. law requires all male U.S. citizens and green card holders between the ages of 18 and 25 to register with the Selective Service System (SSS) within 30 days of their 18th birthday. The Selective Service System is an independent agency that keeps a record of U.S. citizens, permanent residents, undocumented aliens, refugees, and asylum seekers eligible to get drafted into the U.S. military. Registering with the SSS doesn’t automatically mean you have signed up to join the military.
Although registering with the SSS is mandatory, a registered person will only be drafted into the military in a crisis. You can read all about the SSS and registration on its website. If you have already registered with the SSS, you can retrieve an Official Letter of Registration from their website to submit to USCIS. If you are eligible but have not registered, you should register on the website before submitting your citizenship application.
SSS registration counts toward USCIS’ good moral standing requirement. So if you did not register between ages 18 and 25, and are now no longer eligible to register, it is wise to hold on to apply for citizenship until you have turned 31.
Step 2. Submit Your Citizenship Application and Pay the Filing Fees
When you have completed Form N-400, it’s time to submit the completed form with its filing fees and its supporting documents to USCIS.
Form N-400 Filing Fees
The filing fee for Form N-400 is $640. You will also need to pay a Biometrics fee of $85 for each applicant who is not under 14 years old or over 79 years old. You can pay this $725 total fee by check, money order, or credit/debit card. Checks and money orders should be made payable to the “U.S. Department of Homeland Security.” If you would like to pay by credit card, you will need to submit Form G-1450: Authorization for Credit Card Transactions with your application.
Form N-400 Supporting Documents
In addition to the filing fees, most applicants need to include a photocopy of both sides of their green card and a photocopy of a document showing their current legal marriage status. This could be a marriage certificate, divorce decree, or death certificate of a spouse. If you or any of the other applicants do not have their green card, they can submit a photocopy of the Form I-797C receipt notice that USCIS sent them during renewal as evidence instead.
Depending on the results of your Naturalization Eligibility Worksheet, USCIS may require additional documents from some applicants. If they need more information, USCIS will let you know by sending you a request for evidence.
You should include a cover letter that lists all of the forms, supporting documents, and fee payments in your packet. This will help USCIS keep track of your documents as they work on your application. You can send your application packet to USCIS by mail or online.
Submitting Your Application Packet By Mail
Most applicants file their N-400 packet by mail. You can mail your full application packet and fees to the relevant addresses listed here under “Where to File.” The address you use will depend on what state you live in and what service you use to mail your packet. You should send your packet with tracking so that you can keep an eye on it.
Submitting Your Application Packet Online
You can also file your N-400 and supporting documents online. If you use our app to prepare your N-400, you can reference the N-400 form that we send you to answer the questions in the online USCIS application. You need to make digital copies of your supporting documents so that you can upload them to the online portal.
If you are applying based on your military service, are applying from outside of the U.S., or are applying for a fee waiver or reduced fee, you cannot file your Form N-400 online.
Checking the Status of Form N-400
You can check the status of your application online. Once you submit Form N-400, USCIS will send you a receipt notice. This receipt notice will have a receipt number. If you enter the receipt number into USCIS’ case status tool, you will be able to see the status of your application.
You can also check case processing times on the USCIS website to make sure that the amount of time that you are waiting to hear back from USCIS is normal.
If USCIS Denies Your Application for Citizenship by Naturalization
If USCIS denies your application for citizenship by naturalization, you should speak with an immigration attorney. You can speak with an independent attorney for just $24/month through our Ask an Attorney program.
Step 3. Attend Your Biometrics Appointment (if applicable)
If you are between ages 14 and 79, USCIS will schedule a biometrics appointment for you after you submit your citizenship application. The biometrics appointment takes place at one of USCIS’ local application service centers. You will find the location, date, and time of the appointment on the appointment notice (Form I-797C, Notice of Action) that USCIS sends you. At the biometrics appointment, the USCIS staff will take your photo and fingerprints.
Step 4. Complete Your Naturalization Interview
The naturalization interview is one of the most important parts of the citizenship application process. About 14 months after you have submitted Form N-400, USCIS will send you an appointment notice (Form I-797C, Notice of Action) with the date, time, and location for your naturalization interview. This notice will also list any other documents you will need to bring. The interview will be at a USCIS field office that is close to the zip code you provided with your physical address on Form N-400.
If you cannot make it to your interview on the date that USCIS provided, you can write to the USCIS field office you were directed to, asking to reschedule. Your new interview date may be months in the future.
The naturalization interview will focus on the information you provided on your Form N-400 and your immigration history in the U.S. It usually does not last more than 20 minutes. You should answer all the questions that the USCIS officer asks you at the interview truthfully.
English Language and Civic Knowledge Test
You will almost always take your citizenship exam on the same day as your naturalization interview. The citizenship exam is an English and civics test. It is a good idea toprepare for this test well before the naturalization interview.
The English portion of the test examines three things: speaking, reading, and writing. You will be expected to speak English with a USCIS officer, read one out of three English sentences, and write one out of three English sentences. The civics portion of the test is also in English. It will ask you 10 questions about U.S. history and government. To pass the test, you need to get at least six of the 10 questions right. The 10 questions on your civics test come from a larger pool of 100 questions. You can prepare for the test by reviewing all 100 possible questions and their answers on the USCIS website.
If you do not pass both portions of the citizenship exam, you will be required to retake the exam portion that you failed at a future date. USCIS will schedule your exam retake after your initial interview and notify you of the date, time, and location.
Exceptions for Taking the English Portion
If you are 50 years or older at the time of filing and have lived in the U.S. as a green card holder for at least 20 years, you are exempt from the English test. You also don’t have to take the test if you are 55 years or older at the time of filing and have lived in the U.S. as a green card holder for at least 15 years.
If you are exempt from the English test, you may bring an interpreter to your interview. You may also request one from USCIS. If you choose to bring your own interpreter, they must bring a government-issued I.D. and complete an interpreter’s oath and privacy statement at the USCIS field office.
If you are exempt from the English exam and the USCIS officer is fluent in your language, they may choose to interview in your language.
If You Need To Bring Someone With You
If you have a disability, you can ask permission from the USCIS field office that you’ll be visiting to bring a family member or legal guardian along with you. The USCIS officer will decide whether your legal guardian or family member can be with you during the interview when you arrive at the field office for your interview.
If you want to make sure USCIS respects your legal rights during the interview, you can bring an immigration attorney with you. To bring an attorney, you must submit Form G-28: Notice of Entry as Appearance as Attorney or Representative to USCIS before your interview. The attorney cannot answer any interview questions for you. If you choose not to be represented by an attorney, you must sign a waiver of representation at the interview.
Step 5. Wait for a Decision From USCIS
If the information on your N-400 is sufficient evidence that you are eligible for citizenship, USCIS will grant you citizenship. If the information on Form N-400 proves that you do not qualify for citizenship, USCIS will denyyour application.
If USCIS decides to continue your application, it means that your application is on hold. Your application may be put on hold because you failed some portion of your citizenship exam and will need to retake it or because your application is missing some required documentation. If your application is missing required information or documents, USCIS will send you Form N-14, explaining what required information is missing, and where and how to send that information. You must send USCIS the information requested no later than 30 days after you receive Form N-14.
Step 6. Take the Oath of Allegiance to the United States
You are not a U.S. citizen until you take the Oath of Allegiance at a naturalization ceremony. If USCIS approves your citizenship application at your naturalization interview and there is a naturalization ceremony occurring on the same day, you may participate in the ceremony and become a U.S. citizen on the same day as your interview!
When you report to your scheduled naturalization ceremony, you must submit your green card and your completed Form N-445 to the USCIS officer. The officer will review your responses to the questionnaire on Form N-445. You will then take the Oath of Allegiance to become a U.S. citizen. After taking the Oath of Allegiance, you will receive your Certificate of Naturalization. You should review the certificate and alert the USCIS officer of any errors you see on it before leaving the naturalization ceremony.
I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.
Step 7. Enjoy the Benefits of Being a U. Citizen!
Congratulations! You are now a U.S. citizen and have a host of new responsibilities, privileges, and benefits. As a U.S. citizen, you:
These are only some of the benefits of being a U.S. citizen. We recommend checking out the USCIS’ list of reasons to consider becoming a U.S. citizen. For example, if you have children under 18 who have a green card, they will automatically become citizens when you do. As a citizen, don’t forget to update your Social Security record.
Conclusion
We hope that you found our seven-step guide to applying for citizenship by naturalization useful. Applying for citizenship can be complicated, but help is available. If you are eligible, our free web app will walk you through the naturalization process and help you prepare and file your application with the U.S. government. If our app isn’t a good fit or you just have immigration questions you need answered, you can speak with an independent attorney for just $24/month through our Ask an Attorney program.
Many immigrants in the United States become citizens through the naturalization process. When you have your marriage green card, you can begin to think about naturalizing as a U.S. citizen. All lawful permanent residents can apply to become U.S. citizens. As an American citizen, you’ll be eligible to vote in all state and national elections, apply for federal jobs, and live abroad however long you want. You will also never be deported from the United States as a U.S. citizen. This article explains the requirements for naturalizing as a citizen if you hold a marriage green card. It also explains the naturalization process itself.
Who Qualifies for U. Citizenship?
You can apply for U.S. citizenship five years after obtaining your green card regardless of whether your spouse is a green card holder or a U.S. citizen. If you have a marriage green card from your marriage to a U.S. citizen, you only have to wait three years to apply for citizenship. You must have lived continuously in the United States during either these three or five years.
If you have ever left the United States for a long time or received a reentry permit (which permits up to two years of foreign travel for green card holders), you will need to wait longer than three or five years to apply for citizenship. U.S. Citizenship and Immigration Services (USCIS) will deduct the time you spent abroad from your full three or five years of continuous residence.
Marital Union Requirement
To be eligible for the three-year period, you must have lived “in marital union” with your American spouse for three years before applying for naturalization. To live in marital union means that you physically resided together for three years and that you do not end your marriage before taking the Oath of Allegiance during your naturalization ceremony.
Are There Other Requirements for U. Citizenship?
Besides the residence and marital union requirements, there are some other requirements to qualify for U.S. citizenship. When you apply for citizenship, U.S. Citizenship and Immigration Services (USCIS) requires you to submit your federal tax returns from your three- or five-year residence period. USCIS will not consider your application if you have failed to pay any of these taxes.
USCIS also frowns on applicants who have tried to register to vote or claimed to be U.S. citizens on past official paperwork. If you have done either of these things, you risk having a delayed application decision or an outright denial. You may also face deportation for any history of fraud. If this is the case for you, you may want to work with an immigration attorney for legal advice before applying for U.S. citizenship.
Lastly, a criminal record may harm your chances of becoming a U.S. citizen. Like in the green card application process, USCIS weighs criminal records in the U.S. citizenship application process. Most green card holders will have to wait five years after their last crime occurred before applying.
What Is the Citizenship Application Process?
The citizenship application process usually takes a total of 12 to 17.5 months. To apply for citizenship, you’ll first need to complete Form N-400, Application for Naturalization. You can file the form online on the USCIS website. The form will ask for your biographical and contact information, as well as information about your U.S. residency, your family members, and your educational, employment, and marital history. You will also need to provide information to allow USCIS to conduct a background check on your history.
Form N-400 has a $640 filing fee. You’ll also need to pay an $85 filing fee for a required biometrics appointment. At a biometrics appointment, USCIS processes your fingerprints, photo, and signature. USCIS uses biometrics appointments to confirm your identity and collect helpful information for background checks.
Naturalization Interview and Final Steps
After your biometrics appointment, USCIS will send you a notice with a date, time, and location for your naturalization interview. Make sure to prepare for this interview in advance. At the interview, a USCIS officer will place you under oath. The official will ask you questions about your application and your marriage. You’ll also take an English language and U.S. civic test. Some applicants may qualify for exemptions or waivers for the language and civics test. You can find out if you are eligible for any exemptions on the USCIS official website. At the end of the interview, most interviewers will tell you if they have approved your application.
Finally, you’ll need to take the Oath of Allegiance. Most applicants will have to make an appointment for the Oath of Allegiance at a nearby USCIS field office. After you take the oath, you will become a naturalized citizen. You’ll also receive a certificate of naturalization. You’ll now be eligible to apply for a U.S. passport and register to vote.
A U.S. green card will let you live and work lawfully in the United States as a permanent resident. Lawful permanent resident status is not the same as citizenship. Still, it comes with immigration benefits like work authorization. There are various types of green cards. This article explains what a green card is, the different types of green cards available, who can apply for them, and the green card application process step-by-step.
What Is a Green Card?
A green card is also sometimes called a permanent resident card. It is the document you receive when you become a lawful permanent resident of the United States. Permanent residence is a type of immigrant visa that allows foreign nationals to live and work lawfully in the United States. Green card holders can also become U.S. citizens after three or five years of permanent residence status. United States Citizenship and Immigration Services (USCIS) is responsible for approving green card applications.
There are many ways to become a U.S. permanent resident, and there are several different green card types. There are family-based green cards, including marriage-based green cards for both same-sex and heterosexual couples. There are also humanitarian green cards, employment-based green cards, and other special categories of green cards.
What Is the Difference Between a Green Card and Citizenship?
Having a green card does not make you an American citizen. A green card is proof that USCIS has granted you permanent residence in the United States. While in permanent resident status, you can live and work lawfully in the United States but don’t have permission to vote in U.S. national elections. On the other hand, a U.S. citizen can live, work, and vote in all state and national elections. Green card holders can become U.S. citizens through the process of naturalization once they have been permanent residents for three or five years.
What Are Family-Based Green Cards?
Family-based green cards allow immediate relatives of U.S. green card holders and U.S. citizens to live and work in the United States. “Immediate relatives” are close family members, namely spouses, parents, unmarried children, and siblings. Widows and widowers of U.S. citizens can also apply for this kind of green card.
There is not a different process for marriage-based green cards for same-sex couples under U.S. immigration law. As long as you can prove that you have a real and legal relationship with your U.S. citizen or green card-holding spouse, you can apply for the green card.
What Are Humanitarian Green Cards?
The U.S. government also gives some green cards to foreign nationals based on humanitarian reasons. People seeking refugee and asylum status, abuse and crime victims, and human trafficking victims can apply for this type of green card.
In general, the application process for humanitarian green cards is not simple. It would be best if you got an experienced immigration attorney’s guidance with it. The USA.gov website has free and low-cost legal services that you can access.
Humanitarian Green Cards for Refugees and Asylum Seekers
People who enter the United States as refugees and asylum seekers can apply for a green card to allow them to live and work lawfully in the United States.
By definition, refugees send their applications from abroad to seek protection in the United States from the violence and persecution in their home country. Asylees, however, are those who fled to the United States before officially applying for protection.
Refugees and asylees can apply for a green card once they have been physically present in the United States for at least one year. Children and spouses of asylees may also get asylum status and eventually, a green card.
Humanitarian Green Cards for Abuse Victims
Through the Violence Against Women Actp.org/learning-center/vawa (VAWA), you can apply for a green card without your abusive relative knowing. The abusive relative could be a violent spouse, parent, or child who is a green card holder or U.S. citizen. USCIS processes VAWA green card cases without letting the abusive relative know.
VAWA applies broadly to any applicant in an abusive situation. This means that not only women, but also LGBT-inclusive and transgender persons, men, children, and parents can apply for a green card under VAWA.
If you, or someone you know, are a victim of abuse, contact the National Domestic Violence Hotline. You will get guidance on action plans and legal assistance. You can call the hotline at 1-800-799-7233 or, if you have a hearing disability, at 1-800-787-3224 (TTY).
Humanitarian Green Cards for Crime Victims
Victims of serious crimes involving major physical and mental abuse can apply for a U visa first, and then a green card. The U visa is a special nonimmigrant visa for documented and undocumented foreign nationals, to seek protection against violent crimes like sexual assault, kidnapping, and torture.
Law enforcement officials must vouch for your eligibility for the U visa. You also have to agree to help law enforcement investigate and prosecute the crimes you’re seeking protection from.
A person with U visa status can apply for a green card if they pass other eligibility requirements like:
If you think you qualify for the U visa or if you have a U visa and want to get a green card, talk to an immigration lawyer for assistance with the process.
Humanitarian Green Cards for Human-Trafficking Victims
Similarly, if you’re a victim of human trafficking in the United States, you can apply for a T visa. The T visa is a special immigrant visa that allows victims of human trafficking to live in the United States for up to 4 years. You can only apply for the T visa if you agree to assist law enforcement in investigating and prosecuting human trafficking crimes. However, if you’re under 18 years old, you don’t have to assist law enforcement in this way.
To qualify for a green card, a T visa holder must meet one of these physical presence conditions:
You can read the complete list of eligibility requirements on the U.S. Citizenship and Immigration Services website.
What Are Employment-Based Green Cards?
It is also possible to get a green card through your U.S. employer. This category of green cards allows foreign nationals of “exceptional ability” to live in the United States and contribute to the U.S. workforce and economy. To apply for an employment-based green card, your U.S. employer will have to be the petitioner, except in very few cases.
What Are Diversity Lottery Green Cards?
The diversity visa lottery (green card lottery) is another way for foreign nationals to become U.S. permanent residents. Every year, the U.S. Department of State publishes a list of countries whose citizens can participate in the lottery for a diversity immigrant visa. These countries have a low number of immigrants to the United States and only people from countries that are on the list can apply for the lottery. The lottery selects 50,000 people.
If your home country makes it to the list, you can try your luck and submit an entry for the green card lottery. No country gets more than 7% of the total green cards available in the lottery.
What Are Longtime Resident Green Cards?
Foreign nationals who have lived in the U.S. either lawfully or unlawfully since January 1, 1972, can apply for a green card. The U.S. immigration law calls foreigners who fall into this category “longtime residents,” and they can apply for a green card through a process called “registry.”
As a longtime resident, you can apply for a green card if you meet these additional eligibility requirements:
What Other Kinds of Green Cards Are There?
Besides the main green card categories discussed in this article, there are still many other kinds of green cards that you can apply for. Some groups called “special immigrants” under U.S. immigration law can apply for permanent residence. Examples include Cuban citizens, employees of specific international organizations, American Indians born in Canada, religious workers, and Iraq and Afghanistan citizens who have served the U.S. government in specific ways.
What Is the Green Card Application Process?
The first step is usually for the green card sponsor to submit a petition on behalf of the beneficiary (green card applicant). This is typically the case for family-based and employment-based green card petitions. You need to prove that they have a familial relationship or employment relationship with a U.S. citizen, permanent resident, or employer that makes them eligible for the green card.
Beneficiary Submits Application
After USCIS receives and approves the green card sponsor’s petition, the green card applicant can now submit their green card application. You will either submit an adjustment of status (if applying from inside the U.S.) or a consular application (if applying from outside the U.S.). If the U.S. government has a yearly quota of the green card type you’re applying for, you may have to wait to receive a visa number before submitting a green card application. The visa bulletin on the State Department’s website contains information about the current number of visas available.
You’ll also have to submit required supporting documents like tax returns, birth certificates, and others with your green card application forms. All of this information is on the USCIS website.
After submitting the green card application, USCIS or your local U.S. embassy will schedule a biometrics appointment for you where they’ll collect your fingerprints, photograph, and signature. The U.S. government runs your biometric information through the FBI’s database to check that you do not have criminal activity on your record. Crimes may disqualify you from getting a green card.
Green Card Interview
The green card interview is one of the most critical parts of the green card process. The green card interview will either happen at a USCIS office. or a local U.S. embassy or consulate if you’re applying from outside the United States.
Receive Decision on Green Card Application
The U.S. government will either approve or deny your green card application. You will often receive this decision at the green card interview or shortly after the interview. You can check your application case status on USCIS’s website.
There is often confusion concerning the differences between green card holders and those with citizenship status. 6 min read
Everything You Need to Know
Green card vs. citizenship – there are similarities and differences between both. More specifically, a green card holder has every legal right to live and work in the United States. It is an immigration process for becoming a citizen. Therefore, most people who are green card holders eventually become citizens.
Benefits of Becoming a U. Citizen
●Citizens cannot be deported to their home country; however, the one way in which they can in fact be deported is if the individual commits fraud in obtaining citizenship.
●As a U.S. citizen, you can vote in every election.
●You can apply for loans, scholarships, grants, and any other type of financial assistance that a U.S. citizen can apply for.
●As a U.S. citizen, you can file immigration petitions for your family to join you in the U.S. You can also obtain citizenship for your children who are born outside of the U.S.
●You can travel freely within the U.S. or internationally.
●You can obtain health and other medical insurance, retirement insurance, and any other type of benefit you wish to have.
●You can work as a federal or state employee.
Lawful Permanent Residence
Qualifying for a green card in the U.S. can be rather difficult because there are few categories of those who can apply for green cards; moreover, the USCIS limits the number of green cards given out each year. Some other considerations to keep in mind when applying for green card status include the fact that the process is lengthy and complex. Furthermore, even if you fall into one of the qualified categories, the USCIS may still deem you inadmissible for green card status. This inadmissibility status may be due to the perceived risk based on a criminal or terrorist background, prior immigration violations, health problems, financial issues, etc.
Dual Citizenship
It is important to note that the United States will not stop someone from keeping citizenship in another country after becoming a U.S. citizen nor can it cancel the U.S. citizenship status based on the fact that someone becomes a citizen of another country. However, one thing to keep in mind is whether or not the other country will allow the individual to have dual citizenship in that respective country as well as in the United States.
Green Card Lottery
●Have at least a high-school education, 12 years of elementary and secondary study or two years of work experience within the past five years in an occupation requiring a minimum of two years training or experience.
Green Cards for Family Members
This is one of the most common categories of green card eligibility, and there is no limited to the number of green cards you can obtain for family members as long as those family members fit certain criteria. This includes:
●Spouses and widows/widowers of U.S. citizens
●Children and step-children who are both unmarried and under the age of 21
●Stepparents- the marriage must have occurred before the child was 18 years of age.
●Adopted children- the adoption must have taken place before the age of 16.
There are green cards that are given out to other relatives of U.S. citizens and green card holders, referred to as preference relatives. These generally have longer wait periods as only 480,000 of these green cards are given out to preference relatives each year. These are given on a first come first served basis; the wait tends to range from three to 24 years. The siblings of U.S. citizens usually wait the longest. Below are the preferences:
●Unmarried children of a U.S. citizen who are 21 years of age or older
●Spouses and unmarried children of a green card holder
●Married children with one or more parents who are U.S. citizens
●Siblings of U.S. citizens, in which the citizen is at least 21 years of age.
Green Card for Certain Job Skills
There are a total of 140,000 green cards available every year for those with certain job skills that are needed in the U.S. For those who receive a job offer from a U.S. business, the company itself must either sponsor or assist the non-citizen in obtaining green card status. Below are the preferences for job skill:
●People of extraordinary ability in the arts, science, education, business, or athletics; exceptional professors and researchers; and managers/executives of multinational companies.
●Those with an advanced degree or exceptional ability.
●Professional and skilled or unskilled workers.
●Religious workers and other misc. categories of workers, titled “special immigrants”.
●Investors who can provide $1 million financing into a U.S. business or $500,000 in a business that is in a locally depressed area (EB-5). Such an investment must create at least ten new jobs.
Green Card for Refugees
The U.S. government will also offer refugee status to those who are in fear of or have experienced persecution in their home country based on religion, nationality, race, political beliefs, or membership in a certain social group. Green cards can be issued to refugees after they have been in the U.S. for one year.
Green Card Removal Proceedings
If you need help finding an immigration attorney and learning more about the differences and similarities between green card and citizenship, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.
Green Card Rules Travel
The foreign investor must prove to the USCIS:
Conditional resident status should be taken very seriously by applicants. They should complete the petition by entrepreneur to remove conditions on USCIS Form-I829.
Entrepreneurs risk deportation if they do not fulfill the requirements of the conditional green card before the deadline. The USCIS also reserves the right to hold the restrictions on the green card and refuse permanent residency.
The investor should seek the counsel of immigration lawyer if problems arise. The lawyer can help the investor prove there was good cause or extenuating circumstances surrounding the green card application process.
Removing Conditional Resident Status Based on Marriage
Immigrants are automatically given a conditional green card if they have married a U.S. citizen within two years of receiving US residency or an immigrant visa from the USCIS.
Officials give an immigrant a conditional visa to monitor their relationship. The USCIS wants to ensure the relationship is real. After they grant the visitor a two-year visa they are also required to:
The immigrant is granted permanent residency if the petition is approved.
If the green cardholder does not file the petition, they will be held in court and possibly deported. They will also lose their conditional visa status.
Again, if the applicant misses the petition deadline they must seek the aid of an immigration lawyer If the lawyer can prove, with good cause, extenuating circumstances delayed the application then the applicant may be able to keep their conditional visa status.
What Happens After You File for Removal of the Conditions
Once an applicant has filed for removal of conditions and it has been approved, they are giving clearance to apply for citizenship. Removal of conditions does not automatically make an immigrant a citizen nor does the USCIS automatically file an application for citizenship. Instead, the green card holder is granted a resident visa.
The USCIS sends the green cardholder a document stating that their petition has been approved and they are now in valid immigrant status. They are also called into the consulate for fingerprinting and an interview. The interview must take place before a final decision is granted.
Travel Tips to Avoid Re-Entry Problems and Permanent Residence Abandonment
Permanent residents are required by law to inform the USCIS if they plan to move. They must complete the AR-11 form within 10 days of the move. Permanent residents must also reapply for their visa every 10 years. The reapplication form is Form I-90.
It takes approximately three months to renew a green card. Permanent residents should apply for renewal within six months of the expiration date.
At the port of entry, a U.S. Customs and Border Patrol agent will ask the resident for their permanent visa card. The card should be valid and unexpired. The resident must also present other valid forms of documentation such as a passport or US driver’s license. Be advised that re-entry to the United States is left up to the discretion of border patrol. They can deny re-entry based on several factors such as a damaged or expired visa.
As a permanent resident, it is your duty to ensure that your visa is clean, valid, and free from any damage. Sometimes, a permanent resident is allowed to enter the country with an expired visa. This happens when the visa has been expired for less than a year. You will be required to pay a fine and complete the Application to Replace Permanent Resident Card (Form I-90).
These regulations do not apply to members of the armed forces or government. A U.S. government employee or spouse/child of a serviceman is not required to reapply for a visa if they have been stationed abroad. The spouse/child or employee is required to present the green card at the port of entry. They must also be traveling with the service member or en route to meet with them.
There are ways to protect your permanent residency status if you plan to spend an extended amount of time outside the U.S.:
You may be asked to provide documentation stating that you are, in fact, a resident of the United States and plan on returning to the U.S. to live. Immigration officials can ask for proof, and these records will help to corroborate your case.
Now, if your trip was due to a job assignment, you can ask your employer to sign a written letter stating that they have commissioned you to travel overseas. They must also detail the date and length of your stay. The statement must also clarify your return to the States to work for the employer or an affiliate.
There are also some other rules to keep in mind. It is not a good idea to return to the United States with guests that are not green card holders or citizens. Officials advise against using a resort area as a port of entry, meaning you must enter the country through a designated port of entry.
If you have purchased a round-trip ticket that is no longer valid once you leave the country, do not return to the U.S. using that expired ticket. It is also recommended that you refrain from using a private charter, such as a jet, to re-enter the country after an extended stay.
Permanent residents that can provide adequate documentation or justification will be granted a re-entry permit by the USCIS.
However, the USCIS reserves the right to deny re-entry if the resident is frequently traveling overseas and applying for a permit. They can assume that the person does not formally or permanently live in the United States.
Understand Continuous Residence
Permanent residents seeking citizenship must complete the Application of Naturalization (Form N-400). One of the requirements for naturalization is continuous residency for five years. If a person spends over six months in a foreign country, that can affect the approval of their application. To improve their chances of naturalization, permanent residents shouldn’t stay longer than six months in a foreign country.
Abandonment of Permanent Resident Status
The criteria for abandoning permanent residency is broad. It can take two years or even a day for officials to determine that a resident has abandoned their residency. If the resident spends more time traveling outside of the U.S. than living here, it can be presumed that they have abandoned their residency. Residents that travel to another country with the intention to live there are also presumed to be abandoning their residency.
Residents who fail to file income tax while outside of the country or claims ‘nonresident’ on their taxes can be subject to forfeiture.
Upon re-entry, it is up to Customs and Border Protection to determine if the resident is, in fact, a lawful resident of the United States. Residents can provide proof by sharing mortgage/lease documents, employment records, or tax documents.
Once Customs and Border Protection has established residency, the permanent resident must complete the re-entry form (Form I-131). The form asks specific questions such as the length and purpose of the trip. Once the form is completed, the resident will have to schedule an appointment for fingerprints with the USCIS.
The permit (Form I-131) does allow the resident to leave the country again, but they must be fingerprinted and processed before their departure. Permanent residents that remain overseas for two years or more will have to apply for a Returning resident visa.
Lost or Stolen Green Card
If a green cardholder loses their green card while they are in the United States, they should go to a nearby police station and file a police report. If the card gets lost overseas, the cardholder should contact the U.S. Embassy or consulate. They will provide a boarding foil that allows the cardholder to travel.
A boarding foil is a transportation letter that grants a permanent resident permission to re-enter the country after traveling for less than a year. The resident is required to replace the lost/stolen green card by completing Form I-90.
If you are a green cardholder that has been denied re-entry by a customs agent or border patrol, you can appeal the decision in a court of law.
Immigration courts are designed to handle immigration and naturalization disputes. The judge will make the final decisions. A permanent resident should contact an immigration attorney if they have been denied access to the country. They can also contact the Green Card Center to obtain more information.
Avoid the Hassles – Apply for U. Citizenship
Being a U.S. citizen makes travel easier and can even be less expensive. When you are a U.S. citizen, you will be granted a U.S. passport that allows you to travel to anywhere in the world. You will not have the same travel limits or regulations that green card holders have.
Citizenship allows you to re-enter the country without providing documentation that you are a permanent resident or applying for a re-entry permit.
Documents to Bring When Traveling
It is a good idea to bring your foreign passport even when you become a U.S. citizen. A green card also known as Permanent Resident card (Form I-551) is good for entry into the United States, but it does not work in other countries.
However, permanent residents can travel with an I-551 stamp in their passport. Persons with expired conditional green cards must bring the expired visa and the documents that show they have applied for removal of conditions to the border and customs agents.
Persons seeking asylum in the U.S. that have a pending application will need to provide an Advanced Parole Document to travel outside of the country. Persons with specialty visas such as an H-1 or H-4 are not required to have an advanced parole document so long as they have already submitted their application for approval.
Green cardholder’s should always keep these important documents on hand:
If you need help with obtaining a green card, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.
Both lawful permanent residents (green card holders) and U.S. citizens enjoy many of the same rights, such as the ability to live permanently and work in the United States. However, U.S. citizens enjoy some important benefits that green card holders do not.
FileRight can help guide green card holders through the process of applying for U.S. citizenship. We have many useful resources to prepare you for the process and help guide you along the way.
A United States flag behind a green card and a passport. Learn the differences between U.S. green card holders and U.S. citizens.
Responsibilities and Benefits as a Green Card Holder
As a green card holder, you can:
Responsibilities and Benefits as a U. Citizen
As a U.S. citizen, you can:
Also, as a U.S. citizen, you are required to serve on a jury or in the military when called for duty.
Benefits of Both Green Card Holders and U. Citizens
Both green card holders and U.S. citizens can:
Also, both green card holders and U.S. citizens must:
I Have a Green Card, But I Want to Become a U. Citizen. How Do I Know if I Qualify for Citizenship?
You might be eligible to become a U.S. citizen. To check your basic eligibility, you may use our U.S. citizenship eligibility quiz or read through the basic eligibility requirements given below:
These requirements might be different for people who are:
Green card holders and U.S. citizens receive different benefits. Knowing these differences could help you decide whether naturalizing is right for you.
Steps to Take to Become a U. Citizen
Once you have held a green card in the United States for five years (three if married to a U.S. citizen), you may apply for citizenship. You will need to make sure you meet all the requirements listed above before submitting your application.
The Application Process
Once you have confirmed that you are eligible, you will need to fill out Form N-400, Application for Naturalization.
Filing this application can be done online or on paper. Be prepared for a long and complicated process as the instructions alone are 18 pages and the form itself is 20 pages. You’ll also have to submit numerous supporting documents to prove that you meet the eligibility requirements.
You also need to be aware that the road to citizenship is not cheap. The filing fee for your application is $725.
Citizenship Test and Interview
After your citizenship application is approved, you’ll be scheduled to sit through the citizenship test and interview. During the interview, you’ll be asked questions about your eligibility for U.S. citizenship. You may need to bring along the originals of the documents you submitted with your application.
You may be asked some of the same questions you answered on your N-400 application. The interviewer is simply trying to ensure that you didn’t lie on your application and to verify your eligibility. They are also testing your ability to speak and understand basic English, a requirement of naturalization.
The citizenship test includes an English reading and writing test and a civics test. The English test requires you to read and write one English sentence. In the civics test, you will be asked 10 out of a possible list of 100. You must answer six of these questions correctly in order to pass. The USCIS website offers a convenient civics test study guide.
The Naturalization Ceremony
Once you have passed the interview and tests, you will be scheduled for your naturalization ceremony. At the ceremony, you will take an Oath of Allegiance to the United States. You will also exchange your green card for a Certificate of Naturalization. Then, you will be able to fully enjoy all the rights and privileges of a United States citizen!
As a green card holder, you might wonder whether you should renew your green card or apply for U.S. citizenship. Green cards don’t offer as much protection as citizenship does, so you may want to consider applying for citizenship instead of renewing your permanent residency status.
Applying for U.S. citizenship isn’t as difficult as it seems, but it can be if you’re completely unprepared and haven’t studied for the exam. Instead of spending hours researching, you can have a team of experts help determine your eligibility and walk you through all the steps.
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Is Renewing My Green Card the Best Choice?
That’s for you to decide, but let’s do a quick comparison of the benefits of renewing a green cardapplying for U.S. citizenship
If you renew your green card you’ll keep all of the benefits you previously had, but you’ll miss out on the new rights and opportunities afforded to citizens.
The Benefits of Your Green Card
As a green card holder, you understand the advantages that permanent residency affords you. Green card holders have many benefits, including:
If you don’t want to give up your current citizenship to your home country or simply enjoy being a permanent resident, renew your green card.
Downsides of Green Cards
Unlike U.S. citizens, green card holders must maintain their status by keeping valid green cards in their possession. In general, you must apply for a new green card within six months of your current green card expiring. You will often receive temporary documents that prove your status while waiting for your new green card to arrive.
Your green card needs to be renewed or replaced every ten years, as it expires. If you have a conditional green card, your green card will likely expire every two years, and you will need to adjust your status or apply for renewal more often.
If you lost your green card or it got stolen, you need to replace it ASAP. Also, if you need to apply for green card renewal to ensure that you have the documentation in place in case any authorities request it. In the U.S., it’s a misdemeanor crime not to carry your green card with you at all times.
Is the Expiration Date of Your Green Card Near?
If your green card will expire within the next six months, a tough decision is ahead of you. You can choose to either renew your green card or start your U.S. citizenship application. Before you begin to file paperwork to become a U.S. citizen, first determine if you qualify for citizenship.