Steps to Secure Your Future Through U.S. Citizenship

In these uneasy times for immigrants in the U.S., stress and worry become a part of life. For those who have ventured to the U.S. and become lawful permanent residents (i.e., green card holders or LPRs), the stress and worry does not necessarily end. As an LPR, you are allowed to live and work in the U.S.; however, you are unable to vote in federal elections, and, in some situations, you may risk your LPR status. To achieve full participation and protection in the United States, naturalization is the next and final step in the immigration journey.

Three- and Five-Year Eligibility Requirements

The general provision to be eligible for naturalization is that an applicant has been an LPR for five years. However, a foreign national who is married to a U.S. citizen may be eligible to file after three years as an LPR. To meet this three-year requirement, the applicant must document that the U.S. citizen spouse has been a U.S. citizen for at least three years at the time of filing, and that the couple has lived in marital union during these three years.

An applicant who obtained LPR status through a U.S. citizen spouse or parent who subjected them to battery or extreme cruelty may also utilize the three-year provision but is not required to have lived in marital union for those three years with the U.S. citizen spouse / parent.

Absences from the U.S.

As an LPR, it is expected for an individual to maintain the U.S. as their residence. If an absence is greater than six months but less than one year, there is a rebuttable presumption the LPR has broken continuous residence for naturalization purposes and abandoned the green card. If the absence is a year or more, then it is presumed that the individual has broken residence for naturalization purposes and the green card is no longer considered a valid travel document. Such situations are common and often occur when an LPR departs the U.S. to care for ailing parents or seeks an international employment opportunity. There are certain steps that may apply in such a situation to help alleviate the presumptions against a legal permanent resident, but it is important to understand that once naturalized, these absences are no longer an issue.

Waivers of the English or Civics Tests

Almost all applicants for naturalization must demonstrate the ability to communicate in and understand English. They also must demonstrate a basic knowledge of U.S. civics. There is an exception available for applicants who have physical or developmental disabilities / impairments that have lasted, or are expected to last a year or more. Applicants utilize the exception by submission of form N-648, which is completed by an authorized medical professional.

In addition to the medical exception, applicants do not need to complete the English exam and can take the civics exam in the language of their choice if at the time of filing they are:

• 50 years of age or older and have been an LPR for at least 20 years; or
• 55 years of age or older and have been an LPR for at least 15 years.

Moreover, if the applicant is at least 65 years of age and has been an LPR for at least 20 years, the applicant may take a simplified version of the civics exam.

Criminal Issues / Good Moral Character

An applicant for naturalization must establish that they are a person of good moral character during the statutory period, which continues until the applicant is sworn in as a U.S. citizen. The USCIS, however, is not limited to reviewing only the statutory period to determine the individual’s character. If the applicant has a criminal record or any other character problem that precedes the statutory period, the USCIS will determine whether there has been rehabilitation or if the prior acts should be considered relevant to the current moral character of the applicant. Good moral character evaluations are made on a case-by-case basis. The USCIS states that it will take into account “the standards of the average citizen in the community of residence.”

The most obvious moral character issue is a criminal record. The naturalization form requires that the applicant reveal all arrests and charges, and document the disposition of those matters. Additionally, the applicant is subjected to fingerprinting for a background check to locate any criminal record. Conviction of certain serious crimes, such as murder or any other aggravated felony, bars naturalization permanently. Other crimes and terms of imprisonment preclude naturalization only if they occur during the statutory period. In those cases, it may be possible to naturalize if one can establish rehabilitation and good moral character. The issues regarding immigration law and crimes can be complex. An individual with a criminal record should seek competent legal advice prior to making an application for naturalization. The Murthy Law Firm is experienced in advising on these matters.

Another issue with respect to good moral character is willful failure to support dependents. If an applicant has a minor child (or children) who does not live with them, it is necessary to prove that they are providing adequate financial support. Proof may be in the form of a court order for child support and documentation of required payment, canceled checks or money orders for support of the child/ren, evidence of provision of gifts / support in kind, documentation of provision of health insurance, evidence of the child/ren’s visiting the applicant for extended periods, and affidavits from the individual with whom the child lives, attesting to receipt of adequate support. The adequacy of the proof is subject to the discretion of the officer reviewing the case. The parent of a child (or children) who does not reside with them should keep detailed records regarding support. Any support paid in cash, without receipts or proof of some type, is likely to cause problems when applying for naturalization.

Statutory Bars

Once it is established that a person is eligible to apply for naturalization based on the above, the next question is whether any statutory bars prevent them from filing. Bars include subversion and/or anarchism, meaningful membership in a communist party, certain desertion during a time of war, a person in removal proceedings or with an outstanding order of deportation, and a foreign national who applied for a waiver of selective service requirements based on not being a U.S. citizen.

Conclusion

Becoming a U.S. citizen offers more than just a passport – it provides lasting security and stability in an ever-changing world. Citizenship protects your right to live, work, and build a future in the United States, along with the ability to vote and have a voice in shaping the nation’s direction. While the process of naturalizing takes effort, the peace of mind and sense of belonging it brings make it a meaningful step toward securing your place in the country you call home.

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