Obtaining U.S. Citizenship and Naturalization

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Becoming a U.S. citizen is a lengthy process with plenty of room for errors, so be sure you have a citizenship lawyer in your corner before you begin the process. Many people in California choose to work with a San Francisco immigration attorney at Warren Law Firm so that they have someone with experience and a proven history of success in their corner every step of the way.

Whether you’re just beginning your immigration journey or you’re already a lawful permanent resident with a green card, a citizenship lawyer at our firm may be able to help you become a United States citizen.

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Angela D. Warren

With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.

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What Is the Difference Between Citizenship and Naturalization?

U.S. citizenship is a bond a person can have with the United States. Naturalization is one of the ways that you can gain that bond.

A person gains citizenship in one of four ways:

  • They are born on U.S. soil, so they have birthright citizenship protected by the 14th Amendment of the United States Constitution.
  • They are born abroad but qualify for acquisition of citizenship through a parent who is a U.S. citizen.
  • They gain derived citizenship through their parent’s naturalization process as minors.
  • They gain citizenship through their own naturalization
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Because the naturalization process is the most complicated way to gain citizenship in the United States, this citizenship lawyer’s guide focuses entirely on gaining citizenship through the naturalization process.

What Is Naturalization?

If you’re not a U.S. citizen by birth or you didn’t gain U.S. citizenship from a parent, you must go through the naturalization process to gain citizenship in the United States. Gaining citizenship is the highest immigration benefit you can receive.

When you become a naturalized citizen of the United States, you’ll have all the same rights and responsibilities that every other citizen has.

Rights of Citizenship

You have the right to vote in elections, use a U.S. passport, sponsor relatives who are seeking immigration to the U.S., and have increased access to government programs like Social Security and Medicare. Your citizenship lawyer can explain your rights as a U.S. citizen in detail.

Responsibilities of Citizenship

You may be called to military service or to serve on a jury, and you’ll have to pay U.S. taxes (even if you stop living in the U.S.). Your citizenship lawyer can explain your responsibilities as a U.S. citizen in detail.

Is Citizenship Through Naturalization Final?

For the most part, once you have gained citizenship through naturalization, you will have citizenship for life. There are some exceptions though.

If your citizenship is illegally gained or if you gain citizenship by concealing relevant facts, the U.S. government reserves the right to revoke your citizenship through denaturalization. This is a rare occurrence, but the Department of Justice has denaturalized citizens in the past when they were found to have illegally obtained citizenship, participated in terrorism, or committed other very serious offenses.

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Is it Hard to Become a U.S. Citizen?

Not everyone is eligible for United States citizenship. Your citizenship lawyer can let you know if you are eligible for the naturalization process by closely evaluating your individual circumstances.

There are several steps you need to follow to become a citizen through naturalization. That’s why immigrants in California so frequently choose to work with a San Francisco immigration attorney at Warren Law Firm.

These are the steps you must take before you can become a citizen:

  • Consult with a citizenship lawyer to determine your eligibility
  • File the appropriate forms with supporting documentation
  • Pay the filing fee for your application for naturalization
  • Provide biometric data to U.S. Citizenship and Immigration Services (USCIS)
  • Participate in a naturalization interview and take the citizenship test
  • Take the Oath of Allegiance to the United States

Who’s Eligible for U.S. Citizenship?

Your citizenship lawyer will explain that to be eligible for United States citizenship, you must meet these criteria:

  • Be at least 18 years old when you file your application
  • Have been a lawful permanent resident in the United States for the past three or five years (depending on how you acquired your green card)
  • Live in the United States with continuous residency
  • Be able to speak basic English, as well as read and write in English
  • Be a person of good moral character
  • Understand U.S. history and government
  • Demonstrate loyalty to the U.S. Constitution
  • Be prepared to take the Oath of Allegiance to the United States

On a case-by-case basis, exceptions can sometimes be made to these requirements, but you would have to be eligible, and your citizenship lawyer would need to request special consideration from USCIS on your behalf.

What Forms Does Your Citizenship Lawyer Need to File to Begin the Naturalization Process?

The forms your citizenship lawyer will file on your behalf depend on where you are in your citizenship journey.

Before you can apply for naturalized citizenship you must be a lawful permanent resident for at least three years if you’re married to a U.S. citizen or for at least five years if you are not.

If you aren’t yet a lawful permanent resident, your attorney will file the forms asking the government to give you a green card.

If you’re already a lawful permanent resident and you’ve waited the required amount of time, your citizenship lawyer will file Form N-400, Application for Naturalization with USCIS for you.

What Kind of Supporting Documentation Do You Need for U.S. Citizenship?

Most people need to submit supporting documentation when they apply for U.S. citizenship. Your San Francisco immigration attorney can talk to you about specific documents you may need for your case, but generally, these are some documents you should include with your petition:

  • Proof of your permanent resident status (a front-and-back copy of your green card)
  • Certification of your current marital status, whether you’re married, divorced, or a widow or widower
  • Two passport-style photos
  • Proof of military service (if you have it)
  • Documentation of any medical disability you have

You’ll also be required to bring certain documents to your naturalization interview (more on the citizenship interview later). Some of the documents your citizenship lawyer may instruct you to bring to your interview include:

  • Your green card
  • State-issued identification
  • Travel records
  • Proof of your current marital status, as well as documentation that your (and your spouse’s) previous marriages have been lawfully terminated
  • Proof of an official name change if you’ve changed your name
  • Documentation that shows your spouse was a U.S. citizen at least three years prior to filing your Form N-400
  • Proof of parental rights over your children
  • Tax payment records
  • Proof that you have resided continuously in the United States
  • A Registration Acknowledgement Card from the Selective Service, if applicable, or a similar document
  • Any criminal records you have

What Biometric Data Do You Need to Give the U.S. Government When You Apply for Citizenship?

If you haven’t already provided the U.S. government with your fingerprints and signature (most people have by the time they apply for citizenship), you’ll have to attend a biometrics appointment. These appointments generally last about 15 minutes. You’ll receive a notice from the government that includes the date, time and location of your appointment.

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Do You Have to Renounce Your Citizenship of Another Country to Become a U.S. Citizen?

The United States allows dual citizenship. The U.S. Supreme Court ruled that people have a right to hold citizenship in more than one country. That means you can retain citizenship in your original country while being a U.S. citizen at the same time. If you intend to hold dual citizenship, your citizenship lawyer may warn you that the only requirement for dual citizenship by U.S. law is that you must use your U.S. passport when you travel in and out of the United States.

Some countries require you to renounce your original citizenship when you become a U.S. citizen. Other nations will revoke your citizenship of that nation if you become a citizen of the United States.

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Some nations allow young people to hold dual nationality, but they must decide on which nationality they wish to keep by a certain age.

Your citizenship lawyer can check your home country’s policy on holding dual citizenship before you apply for naturalization. While the United States will not force you to give up citizenship to be a U.S. citizen, your current nation of citizenship may. If you have any questions or concerns, be sure to discuss them with your citizenship lawyer.

All About the Naturalization Interview

To become a U.S. citizen through naturalization, you are required to participate in a naturalization interview. This interview may feel daunting, so don’t be afraid to ask your citizenship lawyers questions. They will help you prepare for this interview.

During your interview, you’ll sit down with an interviewing official from USCIS. The official will ask you questions about your application and your background. The officer’s job is to make sure that everything you’ve listed on your application is true and correct, and that you’re actually eligible to become a United States citizen.

You’ll take the U.S. citizenship test during your naturalization interview as well. There are two parts to the test. You will be expected to properly answer questions about the U.S. government and the nation’s history on the civics test. You’ll be required to answer up to ten questions (six of which you must answer correctly) about how the United States’ government works and the country’s history. During that time, your interviewer will be evaluating your ability to speak and understand English. You’ll also be asked to read and write something in English. Don’t stress too much about the civics portion of the citizenship test because you can find all the questions and answers here.

Some people are exempt from certain requirements of the civics or English naturalization exam. If you have a disability or impairment that prevents you from learning or retaining new information, your citizenship lawyer can submit Form N-648, Medical Certification for Disability Exceptions to request a waiver. This certification must be filled out and signed by a licensed medical professional.

How Long Does It Take to Receive a Decision on Your Citizenship?

In some cases, USCIS officials make a decision right at the interview. If your interviewer grants your petition on the spot, you may even be able to participate in a naturalization ceremony the same day. If there isn’t a naturalization ceremony that day, you’ll receive a time and date for yours in the mail soon after your interview.

However, sometimes interviewers need more information or clarification. Your interviewer may let you know that they can’t make a decision at that time. If the interviewer isn’t able to make a decision at that time, you’ll receive a formal request for information or a decision notice in the mail after your interview.

If you have questions about your specific timeline, discuss it with your citizenship lawyer. They may be able to give you a better timeline estimate. Keep in mind, sometimes it takes a while if the agency is backed up or short staffed.

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What is the Oath of Allegiance?

During your naturalization ceremony, you’ll take the Oath of Allegiance to the United States. You can find the verbiage of the Oath of Allegiance here if you would like to see what you will be promising, but you are not required to memorize it. Once you’ve sworn your Oath, you’ll receive your naturalization certificate and officially become a U.S. citizen.

Some people are allowed modifications to this requirement. One example is that the Oath of Allegiance can be modified for religious or conscientious objections to bearing arms and combat. You may also be able to waive this requirement if you have a developmental or mental impairment that would prevent you from taking the Oath. Your citizenship lawyer can advise you if you qualify.

How Much Does the Application for Naturalization Cost?

The U.S. government charges a filing fee for naturalization applications. USCIS maintains a fee schedule that you can check to learn the current filing fee for any form. The filing fees are separate from your attorney fees.

You can speak to your San Francisco immigration attorney to make sure you’re aware of the most current rates and to understand the attorney fees that your citizenship lawyer will charge for their services.

How a San Francisco Immigration Lawyer Will Help You Apply for U.S. Citizenship

Your citizenship lawyer will be there with you every step of the way during your naturalization process. They will give you advice, answer your questions, and even fill out and file U.S. government forms for you. In fact, your attorney will deal with USCIS on your behalf, so you only need to worry about when and where to show up for things like a biometrics appointment and your naturalization interview.

Many people choose to work with an immigration attorney because of the amount of paperwork it requires to apply for U.S. citizenship. Unfortunately, a simple mistake on one of the forms can result in a lengthy delay in your application – and in some cases, a mistake can result in an outright denial.

Before you even file the paperwork, your citizenship lawyer will be there to ensure you’re eligible for citizenship and that there aren’t any special circumstances that could derail your petition (such as a criminal history, a period of time during which you didn’t reside in the United States, or anything else that may need a waiver or special consideration).

Do You Need to Talk to a San Francisco Immigration Attorney About Naturalization?

If you’re considering becoming a U.S. citizen, a citizenship lawyer at Warren Law Firm may be able to help you. Call our office to schedule your consultation with an experienced and caring San Francisco immigration attorney now.

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