Citizenship:
Achieving Your American Dream

At U.S. Immigration Law Group, we recognize that becoming a U.S. citizen is a significant milestone in your life. Our experienced attorneys are dedicated to guiding you through the naturalization process, ensuring that you meet all requirements and navigate the journey to citizenship with confidence and ease.  In addition, we will ensure that you did not acquire or derive U.S. Citizenship by operation of law through a parent or grandparent before proceeding with your application.

How to Become a U.S. Citizen Through Naturalization:

If you were born in the United States, or you were born outside of the U.S. to parents who are U.S. citizens, you have a birthright claim to citizenship. You might also become a citizen through acquisition, which is when your parents become U.S. citizens before you turn 18.

If none of the above scenarios apply to you, you will need to obtain citizenship through naturalization. This process involves an application, an interview, and several other steps.

To be eligible for naturalization, you must be 18 years or older, and you must have been a lawful permanent resident (green card holder) for at least five years. If you became a permanent resident through your U.S. citizen spouse, however, you may apply within three years of obtaining your green card, so long as you are still married and living with your spouse.

In addition to possessing a valid green card for either three or five years, you must:

• Meet continuous residence and physical presence requirements;
• Demonstrate good moral character (i.e. complying with criminal and tax laws); and
• Pass a U.S. civics/history exam and English language assessment during your naturalization interview.

There are a few exceptions to the English language requirement if you are:

• Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (Green Card holder) in the United States for 20 years (commonly referred to as the “50/20” exception) OR
• Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception).

In addition, if you are age 65 or older and have been a permanent resident for at least 20 years at the time of filing for naturalization, you will be given special consideration regarding the civics requirement and only need to study 20 instead of the 100 questions.

Having a criminal history can complicate your naturalization process, but it does not automatically disqualify you from applying for U.S. citizenship. The nature and severity of the offenses will be taken into account, as well as your compliance with other laws, such as tax regulations.

Navigating the Naturalization Process

The naturalization process includes several steps, such as biometrics, an interview, and passing the U.S. civics and English language tests. We provide comprehensive support to ensure you are fully prepared for each stage.

• Biometrics Appointment: After submitting your application, you will be scheduled for a biometrics appointment, where your fingerprints, photograph, and signature will be collected. We guide you through what to expect and how to prepare.
  
  
• Naturalization Interview: The naturalization interview is a critical part of the process. We provide interview preparation, including mock interviews, to help you feel confident and ready to answer questions about your application and U.S. civics.
  
  
• Civics and English Tests: As part of the naturalization process, you must pass tests on U.S. history, government, and the English language. We offer resources and support to help you study and succeed in these exams.
  

Derivation of Citizenship:

Derivation of citizenship refers to an immigration law that allows a child who was born outside the U.S., but now lives in the U.S. to derive citizenship from a parent who has become a naturalized U.S. citizen before the child turns 18 years of age. The Child Citizenship Act of 2000 established the criteria for children born after February 27, 2001 or under 18 years of age as of that date. Persons who were 18 years of age or older on February 27, 2001, do not qualify for citizenship under INA 320. For such persons, including adopted children, the law in effect at the time the last condition was met before reaching 18 years of age is the relevant law to determine whether they acquired citizenship.

Who is eligible? 

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident; and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.