Citizenship & Naturalization

Citizenship & Naturalization

We will walk you through the steps to apply for the rights granted to an American citizen.

An immigration attorney in Fort Worth can help ensure your application is accurate and complete.

The dream of becoming a U.S. citizen is a powerful one. It is a journey filled with hope for a new beginning, a secure future, and a place to call home permanently. For many, this dream represents the final step in a long and often difficult path. You have built a life here, formed connections, and contributed to your community. Now, you are ready to gain the rights, responsibilities, and security that come with American citizenship.

The process of becoming a citizen, known as naturalization, can feel challenging. It involves detailed forms, strict timelines, and important interviews. The legal language and many steps can seem like a complex puzzle. It is easy to feel intimidated or unsure of where to even begin.

This guide is here to help you understand the citizenship & naturalization process. We will walk you through each stage, from checking your eligibility to taking the final Oath of Allegiance. Our goal is to break down this complex journey to becoming a U.S. citizen into clear, manageable steps. 

 

What Is Naturalization?

Naturalization is the legal process that allows a foreign-born individual to become a U.S. citizen. If you were not born in the United States or born to U.S. citizen parents abroad, naturalization is the path to obtaining citizenship. It is a formal recognition that you have met a series of requirements set by law and are ready to become a full member of American society.

Becoming a citizen is more than just a legal status. It grants you fundamental rights and opens up new opportunities. As a U.S. citizen, you gain the right to:

• Vote: You can participate in federal, state, and local elections, making your voice heard in the democratic process.
• Travel with a U.S. Passport: A U.S. passport allows for easier travel and access to U.S. embassies and consulates for assistance while abroad.
• Run for Public Office: Most elected positions are open only to U.S. citizens.
• Apply for Federal Jobs: Many jobs with government agencies require U.S. citizenship.
• Sponsor Family Members: U.S. citizens can petition for a wider range of family members to immigrate to the United States.
• Enjoy Permanent Security: You can never be deported or have your right to live in the U.S. taken away.

The naturalization process is designed to ensure that applicants understand and are committed to the principles of the U.S. Constitution. It is a significant and meaningful journey that ends with you becoming a part of the nation’s story.

The First Step: Checking Your Eligibility

Before you begin filling out any forms, the most important step is to determine if you are eligible to apply for naturalization. U.S. Citizenship and Immigration Services (USCIS) has a specific set of requirements that nearly all applicants must meet.

Let’s look at these requirements one by one.

1. Age Requirement
   You must be at least 18 years old at the time you file your application.
2. Lawful Permanent Resident Status
   You must be a Lawful Permanent Resident (LPR), also known as a Green Card holder. This is the foundation of your eligibility.
3. Continuous Residence Requirement
   You must prove that you have resided continuously in the United States as a Green Card holder for at least five years immediately before you apply. This means you have maintained your residence in the U.S. and have not abandoned it. Trips outside the U.S. are permitted, but long absences can be a problem. A trip of six months or more can disrupt your continuous residence. A trip of one year or more will almost certainly break it, and you may have to start your five-year count over.
4. Physical Presence Requirement
   In addition to continuous residence, you must have been physically present in the U.S. for at least 30 months out of the five years just before you file for naturalization. These 30 months do not need to be all at once. USCIS will count up all the days you were physically inside the country during that five-year period.
5. State or USCIS District Residence
   You must have lived for at least three months in the state or USCIS district where you are applying. This ensures you are filing your application in the correct location.
6. Good Moral Character
   You must show that you have been, and continue to be, a person of good moral character. This is a very important requirement and is reviewed carefully by USCIS. What does this mean in practice?

• It means you obey the law. A criminal record can seriously affect your eligibility, especially for certain types of crimes.
• It means you are honest in all your dealings with the U.S. government, including on your immigration applications.
• It means you have filed and paid your taxes as required.
• It means you have supported your dependents, such as by paying child support if ordered to do so.

USCIS typically looks at your conduct during the five-year period before you apply, but it can look further back if necessary. It is crucial to be completely truthful about your past on your application.

7. English Language Skills
   You must be able to read, write, and speak basic English. Your ability to do this will be tested during your naturalization interview.
8. U.S. History and Government Knowledge
   You must demonstrate a basic knowledge and understanding of U.S. history and government. This is commonly known as the civics test. You will be asked up to 10 questions from a list of 100 possible questions. You must answer at least six correctly to pass.
9. Attachment to the Constitution
   You must show that you are attached to the principles and ideals of the U.S. Constitution. This is demonstrated by your willingness to take the Oath of Allegiance, in which you promise to support and defend the Constitution and laws of the United States.

Are There Exceptions to These Rules?

While the requirements above apply to most applicants, there are some important exceptions. These exceptions can change the timeline or waive certain tests for specific groups of people.

Spouses of U.S. Citizens
If you are married to and living with a U.S. citizen, the waiting period can be shorter. You may be eligible to apply for naturalization after only three years as a Green Card holder, instead of five.

To qualify for this exception, you must meet these conditions:

• You have been a Green Card holder for at least three years.
• You have been married to the same U.S. citizen spouse for at least three years.
• You have been living in marital union with your citizen spouse for at least three years before applying.
• Your physical presence requirement is reduced to 18 months (instead of 30).

All other requirements, such as good moral character and the English and civics tests, still apply.

Members of the U.S. Military
Special provisions exist for current members and veterans of the U.S. armed forces. Depending on the circumstances of their service, some military members may not have to meet the residence or physical presence requirements. In some cases, they may be able to apply for citizenship after just one year of honorable service or even immediately. These rules recognize the unique sacrifices made by those who serve our country.

Exceptions to the English and Civics Tests
There are also exceptions for the English language and civics test requirements based on age and how long you have been a Green Card holder.

• The 50/20 Rule: If you are at least 50 years old and have been a Green Card holder for at least 20 years, you do not have to take the English test. You must still take the civics test, but you can take it in your native language.
• The 55/15 Rule: If you are at least 55 years old and have been a Green Card holder for at least 15 years, you also do not have to take the English test. You can take the civics test in your native language.

Additionally, applicants who are 65 years or older and have been Green Card holders for at least 20 years receive special consideration. They are exempt from the English test and are given a simplified version of the civics test, with only 20 questions to study instead of 100.

A Step-by-Step Guide to the Naturalization Process

Once you have confirmed you are eligible, it is time to begin the application process. This journey has several distinct steps. Understanding each one can help reduce anxiety and ensure you are well-prepared.

Step 1: Complete and Submit Form N-400

The official application for naturalization is Form N-400. This is a very detailed form that asks for information about your background, residence, employment, family, and travel history.

• Be Thorough and Honest: It is absolutely essential that you fill out this form completely and truthfully. Any missing information can cause delays. Any false information can lead to a denial and even more serious immigration consequences. Take your time and double-check every answer.
• Gather Your Documents: You will need to submit supporting documents along with your application. These typically include a copy of your Green Card (both sides), the application fee, and two passport-style photos. Depending on your situation, you may need other documents, such as a marriage certificate if applying based on marriage to a U.S. citizen.
• File Your Application: You can file Form N-400 online through a USCIS account or by mailing a paper application to the correct USCIS lockbox. Filing online is often faster and allows you to track your case status easily.

Step 2: Attend Your Biometrics Appointment

A few weeks after USCIS accepts your application, you will receive a notice for a biometrics appointment. This is a short, simple appointment at a local Application Support Center.

• What Happens at the Appointment: A technician will take your fingerprints, photograph, and digital signature.
• The Purpose: This information is used to conduct a thorough background and security check with the FBI. This is a standard part of the process for every applicant. You will not be asked any questions about your application at this appointment.

Step 3: Prepare for and Attend Your Interview

This is often the most nerve-wracking part of the process, but preparation is key to your success. Several months after your biometrics appointment, you will receive a notice scheduling your naturalization interview at a local USCIS office.

A USCIS officer will conduct the interview. The purpose is to verify the information on your N-400 and test your eligibility. Here is what to expect:

• Review of Your Application: The officer will place you under oath and go over your Form N-400 with you, question by question. They may ask for clarification or more details about your answers. This is another reason why honesty on your application is so important.
• English Test: The officer will test your English skills. This is usually done naturally during the interview. To test your reading and writing, the officer will ask you to read a sentence and write a sentence in English.
• Civics Test: You will be asked up to 10 questions from the official civics test and must answer six correctly to pass. If you do not answer six questions correctly by the tenth question, you will not pass this portion of the interview. If you do not pass, you will get a second chance, typically within 60 to 90 days after your initial interview.

Remember to bring your interview notice, your Green Card, your passport, and copies of all the documents you submitted with your application.

Step 4: Receive a Decision from USCIS

After your interview, the USCIS officer will make a decision on your application. There are three possible outcomes:

• Granted: This is the best possible news! The officer has approved your application. In some cases, you may be able to take the Oath of Allegiance on the same day as your interview. Otherwise, you will receive a notice for a future oath ceremony.
• Continued: This means the officer cannot make a decision yet. This is not a denial. It usually means you need to provide more documents or evidence. The officer will give you a form explaining what is needed and a deadline to submit it.
• Denied: If your application is denied, you will receive a written notice explaining the reasons. A denial is heartbreaking, but it is not necessarily the end of the road. You have the right to request a hearing to appeal the decision by filing Form N-336.

Step 5: The Oath of Allegiance Ceremony

The final step in your journey to citizenship is taking the Oath of Allegiance at a naturalization ceremony. This is a profoundly moving and celebratory event.

• What to Expect: You will check in for the ceremony and turn in your Green Card. You will then join other citizenship candidates. A judge or USCIS official will give a welcoming speech, and then you will all stand, raise your right hand, and recite the Oath of Allegiance.
• Becoming a Citizen: The moment you finish reciting the oath, you officially become a U.S. citizen. You will receive your Certificate of Naturalization, a precious document that proves your new status.

With your certificate in hand, you can apply for a U.S. passport, register to vote, and enjoy all the rights and privileges you have worked so hard to achieve.

How an Experienced Immigration Attorney Can Help

The journey to U.S. citizenship is one of the most important you will ever take. An experienced immigration attorney can be a compassionate guide and a powerful advocate on your side.

At Bailey & Galyen, we understand the hope and anxiety that come with the naturalization process. For over 40 years, our firm has been dedicated to helping individuals and families across Texas solve their most complex legal challenges. We see you as a person with a dream, not just a case file.

You have worked hard to build your life here. Let us help you take the final step. Bailey & Galyen is committed to personal service and steadfast protection of your rights. We are dedicated to Solving Your Legal Puzzle. To make our services accessible, we even offer affordable financing options through the Bailey & Galyen Platinum Card for qualified clients.

Your dream of American citizenship is within reach. Contact Bailey & Galyen today at (817) 345-0580 or through our online form for a consultation. A member of our team is ready to listen to your story.