Naturalization and Citizenship
Naturalization is the process whereby Lawful Permanent Residents (green card holders) become American citizens upon satisfying certain requirements. Green card holders do not automatically become citizens after satisfying naturalization requirements; indeed, many green card holders elect to remain in the U.S. without applying for naturalization. Nonetheless, it is wise to apply for naturalization as soon as eligibility is reached because recent changes in immigration law make it easier to strip a green card holder of his status. For example, one who commits an aggravated felony could be deported even after residing in the U.S. as a green card holder for over 20 years.
To be eligible for naturalization, an LPR must be lawfully admitted to the U.S., must have resided continuously in the U.S. for at least five years (or three years for spouses of U.S. citizens) in LPR status, and must have been physically present in the U.S. for at least half of that period. Also, the LPR must be able to read, write, and speak the English language, and must exhibit a basic knowledge and understanding of fundamental issues related to U.S. government and history.
The residency requirement can best be understood to mean that the applicant must have maintained his principal dwelling in the U.S. during the applicable five- or three-year period, so that even if he lives abroad for a portion of that period, the primary home where he lives is in the U.S. This is separate from the physical presence requirement, though the two concepts are closely-related. There is an exception made for those who have served in the military and were discharged honorably during time of war, provided certain conditions are met. For those, residency and obtaining the green card is not a pre-condition towards naturalization. More information about service members and naturalization is provided in our article Naturalization: U.S. Armed Forces and Their Family Members.
Additionally, applicants for naturalization must be deemed to possess good moral character. Therefore, prospective applicants for naturalization who may have had any type of encounter with the law or who have a criminal history are advised to investigate carefully all options prior to applying for naturalization. For some, there may not be an obstacle to showing good moral character. For others they could find themselves faced with the prospect of deportation instead of naturalization, and may find it better to refrain from applying altogether.
Applicants for naturalization can usually apply in the 90-day period prior to the completion of the five- or three-year residency requirements. After filing the application, the applicant must maintain his residency in the U.S. (but not necessarily physical presence) until he attains citizenship. The children of green card holders may be able to naturalize derivatively through the naturalization of their parents.
The N-400 Application for Naturalization is filed along with the appropriate supporting documentation to U.S. Citizenship & Immigration Services (USCIS). After the application is received by USCIS and after the applicant has been fingerprinted, an interview is scheduled with a USCIS officer. The officer will verify the information in the application, question the applicant on his eligibility for citizenship, test his English abilities, and conduct the short civics exam. Soon after the application is approved, the applicant will be scheduled to attend an oath ceremony where he will officially become a naturalized citizen of the United States.
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The Law Firm of Antone, Casagrande & Adwers, P.C. helps individuals and businesses worldwide with all of their US immigration needs including employment visas, obtaining green cards for business and corporate employees and family members, visas for doctors, nurses, therapists, and other health care workers, together with waivers for physicians under J visa training program, labor certifications (PERM), national interest waivers, marriage-based adjustments and green cards, fiancee visas, family immigration preferences, students, naturalization and citizenship, including medical waivers, asylum, deportation, hardship waivers, voluntary departure and removal. We serve clients in southeast Michigan including the Detroit Metro area, Ann Arbor, and Lansing. With offices in Farmington Hills, MI, we are close to Southfield, Troy, West Bloomfield, Birmingham, Novi, Rochester and Auburn Hills in Oakland County; Canton, Plymouth, Dearborn, and Detroit in Wayne County; Warren, Sterling Heights, and Mount Clemens in Macomb County; Brighton and Howell in Livingston County; Lansing in Ingham County; City of Monroe in Monroe County, Ann Arbor in Washtenaw County; Grand Rapids in Kent County; Battle Creek in Calhoun County; Kalamazoo in Kalamazoo County; Benton Harbor in Berrien County; Holland in Ottawa County; Flint in Genesee County; Ludington in Mason County; Muskegon in Muskegon County; and Traverse City in Grand Traverse County, Michigan. Although many of our clients are located in the tri-county area of Wayne, Oakland and Macomb, we also serve clients in many cities and states in the U.S. including Cleveland, Toledo and Cincinnati, Ohio; Chicago, Illinois; Milwaukee and Green Bay, Wisconsin; Indianapolis, Indiana; Buffalo, New York; Los Angeles, San Francisco and San Diego, California; Phoenix and Tucson, Arizona; Dallas, Houston, El Paso and Galveston, Texas; Miami, Florida; Washington D.C.; Virginia, Minnesota, Pittsburgh and Philadelphia, Pennsylvania, and many others. In addition to the United States, we also serve Canadian nationals from numerous provinces in Canada, including Toronto and Windsor in Ontario; Montreal in Quebec; Halifax in Nova Scotia; and Vancouver, British Columbia. We also serve cities and countries such as London, England; Scotland and other countries of the United Kingdom (U.K.); Mexico, Paris, France; Frankfurt and Berlin, Germany; Tokyo, Japan; India; Brazil; Rome, Italy; Shanghai and Beijing, China; Belgium; the Philippines, and many other countries in Europe, Asia and South America. |
