Under US law it is possible for qualifying non-US nationals to apply for US citizenship, provided they meet certain eligibility criteria.

The legal process of applying to become a US citizen is called naturalization, which allows an individual who does not automatically hold US citizenship through birth or as derived from their parent(s) to make an application to USCIS to be granted US nationality.

Before embarking on the US naturalization process, it helps to understand what USCIS will be looking for in your application.

 

US Citizenship Requirements

 

If you do not automatically hold US citizenship, you first need to be certain you are eligible to make an application to naturalize.

First, you will need to have held valid, lawful status in the US for the relevant minimum period of time. The qualifying period varies, depending on a number of factors.

The main criteria for US naturalization are:

 

a. You have resided in the United States continuously for at least 5 years (less if you fall under an exemption). Note that absences of more than 180 days will generally to be held to break the continuity of residence.

b. You meet the physical presence requirement. This means you have lived in the US for a minimum of 30 months out of the five years immediately preceding your application date. If you have spent more than half of your time outside the US, even if this is for short, frequent trips, you will be ineligible.

c. You must pass the language and civics tests to demonstrate good knowledge of US history and government and the English language.

d. You are of good character.

 

The most common path to citizenship is to hold a Green Card for a minimum of five years. Green Card holders married to US citizens require a lesser minimum of three years permanent residence status. Green Card holders in the military and their dependants also differ in the time period criteria. We can advise on your specific circumstances if you fall under these classifications.

 

 

US Citizenship Application Process

 

The application process comprises the following key stages:

 

US Citizenship Application Form

 

To apply for US citizenship, you will need to complete form N-400, ‘Application for Naturalization’ and pay the relevant filing fee. Currently, the fee to apply for US citizenship is $710 for filing online or $760 for filing by paper, plus an $85 biometrics fee. Fee waivers and exemptions may be available in certain circumstances.

Along with the form, you also will be required to collate and submit supporting documents. The specific documents to include will depend on the basis of your eligibility, for example, if your application is based on your marriage to a US citizen.

Once your application has been received, you may be asked to provide your biometric information at an Application Support Centre.

Security checks will then be carried out ahead of you being requested to attend an eligibility interview.

 

Naturalization interview

 

During your naturalization interview, you will have to take the civics and languages tests, and you will be asked questions by a USCIS officer on the information you have provided in your N-400 application form to clarify your eligibility.

You will be under oath and required to answer truthfully and comprehensively.

You will need to bring a number of documents in original format with you to the eligibility interview. Exactly which documentation will be required will be determined by your circumstances and the detail in your application, but as a minimum you should bring:

a. Your current passport and old passports

b. Your birth certificate

c. Where applicable, your marriage certificate, divorce, final adoption or naturalization certificates;

d. Relevant court orders or decrees

 

Naturalization test

 

The US naturalization test assesses an applicant’s knowledge of US history, government and English language skills. The test is administered during the naturalization interview and consists of two parts: the civics test and the English test.

For the civics test, applicants must answer up to 10 questions from a list of 100 official questions. To pass, you must correctly answer 6 out of 10 questions. Topics include American history, the Constitution and the structure of government.

The English test evaluates speaking, reading and writing skills. Applicants must read and write one out of three sentences correctly and demonstrate the ability to understand and respond to basic questions in English. There are exceptions to the language test, and certain applicants can request to take the civics test in their preferred language.

Applicants are advised to prepare well for this part of the assessment. Study materials, including flashcards and practice tests, are available on the USCIS website.

If you fail the English and civics requirements, you have two attempts to retake the part(s) you failed during a new interview between 60 and 90 days from the date of your initial interview

 

Application Processing Time

 

Following your interview, the USCIS officer may require further information before a decision is made on your application. This could mean a further written request is sent to you for additional information to be provided.

Ensuring correct preparation of your original application can help to avoid this scenario, and any ensuing delay with the decision.

The US naturalization application process can take around 6 months to complete, provided all relevant documents have been submitted and you pass the required tests. Errors or omissions in your application could result in a delayed decision or worse, a refused application.

 

Application Decision

 

If your application is approved, you will have to take an Oath of Allegiance at a public ceremony to complete your naturalization.

Your Certificate of Naturalization will be issued as proof of citizenship at the oath ceremony. It will be important to retain this document for future purposes.

If your application is denied, you will receive formal notification from USCIS, which should also detail the grounds for refusal.

Based on the reasons provided, you may choose to appeal the decision. You have only 30 days from the refusal notice to request a hearing, so it will be important to act quickly. Take advice to assess the merits of your challenge and help build your strategy and response to the decision.

 

Application Challenges & Risks

 

Certain cases can present unique complexities or obstacles. These challenges often arise from specific personal, legal, or procedural circumstances that require extra care and attention.

 

a. Criminal History: Applicants with a criminal record may face challenges demonstrating “good moral character,” a key requirement for naturalization. Crimes such as fraud, theft, or domestic violence can complicate or disqualify an application, depending on the severity and timing of the offense.

b. Extended Absences from the US: Lawful permanent residents (green card holders) must meet residency requirements, including continuous residence and physical presence in the US. Frequent or lengthy trips abroad, especially those exceeding six months, may disrupt eligibility unless the applicant can prove they maintained ties to the US.

c. Tax Compliance Issues: Applicants with unpaid taxes or unresolved issues with the IRS may face delays or denials. Demonstrating good moral character includes meeting financial obligations, such as paying taxes.

d. Language Barriers: The naturalization process includes an English language test. Applicants with limited English proficiency may struggle unless they qualify for a waiver based on age and time spent as a permanent resident.

e. Inconsistent Information on Immigration Forms: Errors, omissions, or inconsistencies in past immigration paperwork can raise red flags during the naturalization process. USCIS may scrutinize applications where discrepancies exist in personal details, employment history, or legal status.

f. Complex Family Situations: Applicants with complicated family histories, such as undocumented spouses or children, may face additional questions about their circumstances. These situations often require careful documentation and legal assistance.

g. Previous Deportation or Removal Proceedings: Individuals who were previously ordered removed or had deportation proceedings initiated against them face significant hurdles in demonstrating eligibility for naturalization.

h. Dual Citizenship Conflicts: Applicants holding or seeking dual citizenship may face legal or procedural challenges, especially if their other nationality has obligations like military service that conflict with US requirements.

i. Derivation of Citizenship Issues: Some individuals who believe they automatically acquired citizenship through a parent may face difficulties proving their status, requiring detailed evidence of their parent’s naturalization and their own residency timeline.

Our US immigration attorneys provide specialist assistance to support with complex applications to ensure all challenges are addressed properly.

 

US Citizenship for a Child

 

It is possible for children born outside of the US to a US citizen parent(s) to acquire US citizenship. It requires the US citizen parent(s) to apply to naturalize each child using Form N-600K.

The criteria are:

a. at least one parent is a US citizen, either by birth or by naturalization;

b. the child is and will remain under 18 until the naturalization process is completed;

c. the citizen parent must have lived in the US for a total of five years, at least two of which were after age 14; OR the US citizen parent of the citizen parent (child’s grandparent) must have lived in the United States for a total of five years, two of which were after age 14;

d. the child is not married;

e. the child is residing outside of the US with the citizen parent; and

f. the child is temporarily present in the US under a lawful admission, and remains in lawful status until the naturalization process is completed.

 

 

Benefits of Holding US Citizenship

 

Holding US citizenship provides numerous significant benefits that extend to both personal and professional aspects of life. One of the most important rights is the ability to vote in federal, state, and local elections, including the election of the President. This ensures full participation in the democratic process and the opportunity to influence the nation’s future.

US citizenship grants access to a US passport, which allows visa-free or visa-on-arrival travel to many countries worldwide. It also provides the added security of assistance from US embassies and consulates when traveling abroad. Citizens are also eligible for federal jobs, many of which, particularly in national security and other sensitive areas, require US citizenship as a prerequisite.

Citizenship offers protection from deportation, as US citizens cannot be removed from the country or lose their status, a safeguard not available to lawful permanent residents. Additionally, US citizens can sponsor immediate family members, such as spouses, children, and parents, for green cards with faster processing times compared to other categories of applicants.

US citizens are eligible to run for public office at the federal, state, and local levels, opening opportunities to serve and lead within the government. Certain government benefits and programs are also reserved exclusively for US citizens, providing additional support and opportunities.

Unlike green card holders, US citizens do not need to renew their status or worry about maintaining residency requirements to retain their legal standing. Citizenship is permanent, providing lifelong security and peace of mind.

For parents, US citizenship ensures that children born to them under certain conditions automatically acquire citizenship, simplifying the process for the next generation. US citizens can travel abroad freely without concerns about being denied re-entry into the country.

Finally, US citizenship comes with certain global tax benefits and access to treaties that may be advantageous for individuals working or conducting business abroad. These benefits highlight the comprehensive advantages of becoming a US citizen and securing a future in the United States.

 

Obligations of US Citizenship

 

While US citizenship provides many benefits, it also comes with important considerations and obligations. These responsibilities reflect the commitment to the country and the legal and financial requirements associated with citizenship.

US citizens are subject to worldwide taxation. This means citizens must report and pay taxes on income earned both in the United States and abroad. Even if you live outside the US, you are required to file an annual tax return with the Internal Revenue Service (IRS) and may owe US taxes, although certain exclusions, credits, or treaties can mitigate double taxation.

US citizens are legally obligated to serve on a jury if summoned. Jury duty is considered a civic responsibility and a vital part of the justice system. Failure to comply with a jury summons can result in penalties.

Male US citizens aged 18–25 are required to register with the Selective Service System, which could be used in the event of a military draft. Although the US currently has an all-volunteer military, this registration remains a legal requirement.

US citizens must obey all federal, state, and local laws. Violating these laws can result in fines, imprisonment, or other penalties, and in rare cases, naturalized citizens could lose their citizenship if involved in specific acts such as treason or fraud during the naturalization process.

If you hold dual citizenship, you may have obligations to both the US and your other country of citizenship. This can include taxes, military service, or other responsibilities depending on the laws of the other country. You may also encounter challenges when traveling or handling legal matters.

Although voting is not legally required, it is a key obligation of citizenship. US citizens are encouraged to participate in elections and stay informed about political issues to contribute to the democratic process.

US citizens with foreign financial accounts exceeding certain thresholds are required to report them annually to the Department of the Treasury through the Foreign Bank Account Report (FBAR). This is part of the government’s efforts to prevent tax evasion.

Citizenship includes an expectation of allegiance to the United States. This means prioritizing loyalty to the US over any other countries where you might hold citizenship or maintain ties.

 

Need Assistance?

For specialist guidance and support with your US citizenship application, contact our US attorneys.

 

US Citizenship FAQs

 

What is US citizenship?

US citizenship is a legal status that grants individuals certain rights, responsibilities, and privileges in the United States, including voting, holding public office, and receiving a US passport.

 

How can I become a US citizen?

You can become a US citizen by birth in the US or through the naturalization process. Naturalization is available for lawful permanent residents who meet specific eligibility criteria.

 

What are the benefits of US citizenship?

US citizenship provides the right to vote in federal elections, the ability to sponsor family members for immigration, protection from deportation, and access to US government jobs and services.

 

What is the naturalization process?

The naturalization process involves filing Form N-400, attending a biometrics appointment, passing an English and civics test, and taking the Oath of Allegiance.

 

How long does it take to become a US citizen?

The timeline varies depending on individual circumstances and USCIS processing times but typically ranges from 8 to 14 months after submitting a naturalization application.

 

What is the English and civics test for naturalization?

Applicants must demonstrate an understanding of the English language and knowledge of US history and government. The test includes reading, writing, and civics questions.

 

Can I lose my US citizenship?

US citizenship can be voluntarily renounced or, in rare cases, revoked if obtained through fraud or if an individual commits acts incompatible with allegiance to the US.

 

Can children automatically become US citizens?

Children born in the US automatically acquire US citizenship. Children born abroad to US citizen parents may also acquire citizenship at birth under certain conditions.

 

Is dual citizenship allowed in the US?

The US allows dual citizenship, meaning you can hold US citizenship and citizenship in another country. However, each country has its own laws about dual nationality.

 

How much does it cost to apply for US citizenship?

The application fee for Form N-400 is $710 for filing online or $760 for filing by paper, plus an $85 biometrics fee. Some individuals may qualify for a fee waiver or reduction.

 

What are the eligibility requirements for naturalization?

Eligibility requirements include being at least 18 years old, having lawful permanent resident status for a certain period, demonstrating good moral character, and meeting residency and physical presence requirements.

 

Glossary

 

Term	Definition
US Citizenship	Legal status granting individuals rights, responsibilities, and privileges in the United States.
Naturalization	The process by which a lawful permanent resident becomes a US citizen.
USCIS	United States Citizenship and Immigration Services, the agency that oversees immigration and naturalization.
Form N-400	The official application form for applying for naturalization to become a US citizen.
Oath of Allegiance	A pledge of loyalty to the United States that applicants must take to complete the naturalization process.
Biometrics	Physical identification data, such as fingerprints and photographs, collected during the naturalization process.
Civics Test	A test required for naturalization that evaluates knowledge of US history and government.
Dual Citizenship	Holding citizenship in the US and another country simultaneously.
Good Moral Character	A requirement for naturalization that involves adhering to the laws and values of the US.
Residency Requirement	A specified period of physical presence in the US necessary for naturalization eligibility.
Fee Waiver	A reduction or elimination of application fees for individuals who qualify based on financial need.
Lawful Permanent Resident	A person who has been granted the right to live and work in the US indefinitely, also known as a green card holder.

 

 

Additional Resources

 

US Citizenship and Immigration Services (USCIS)
https://www.uscis.gov
The official website of USCIS, providing comprehensive information about immigration, naturalization, forms, and policies.

Naturalization Eligibility Tool
https://www.uscis.gov/citizenship/learn-about-citizenship/naturalization-eligibility-tool
An interactive tool to help you determine if you meet the requirements to apply for US citizenship.

Form N-400 Application for Naturalization
https://www.uscis.gov/n-400
Direct access to the application form and instructions for becoming a naturalized US citizen.

Study Materials for the Civics Test
https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test/study-for-the-test
Official resources to help applicants prepare for the civics portion of the naturalization test.

Fee Waiver and Reduction Information
https://www.uscis.gov/feewaiver
Guidelines and forms to apply for a fee waiver or reduction for immigration and naturalization applications.

US Department of State – Dual Nationality
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/uscitizenship/dual-nationality.html
Information about dual nationality and its implications for US citizens.

USA.gov – Immigration and Citizenship
https://www.usa.gov/become-us-citizen
A government resource providing an overview of citizenship pathways and related services.