Naturalization and Citizenship

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). Naturalization is an important milestone as it extends to foreign nationals the same benefits, rights, and responsibilities that native-born citizens have, including the right to vote. In most cases, an applicant for naturalization must be a permanent resident (green card holder) before filing.

Becoming a naturalized citizen is contingent upon meeting certain requirements, such as completing a period of lawful permanent residence, demonstrating basic proficiency in English and knowledge of U.S. history and government, and passing the background check. The benefits of naturalization include the right to sponsor immediate family for immigration, greater access to government benefits, and protection from deportation.

Naturalization is a process that concludes with a naturalization ceremony during which an immigrant takes an oath of allegiance to the United States. To be eligible for naturalization, an immigrant must be at least 18 years old, have lawful permanent residence (LPR status, also known as a green card) for at least five continuous years (three continuous years if the individual is married to a U.S. citizen); have no serious criminal record; possess the ability to read, write, and speak simple words and phrases in English; and demonstrate knowledge and understanding of U.S. history and government.

Except for certain U.S. military members and their dependents, naturalization can only be granted in the United States.

We will help you evaluate whether or not you and/or any of your family members would benefit from becoming naturalized citizens by evaluating your future goals and aspirations, as well as the tax consequences such a status will subject you to.

Is it possible that I am a U.S. citizen but don’t know it?

Yes. You may be a citizen if your parent or grandparent was a U.S. citizen. You also may be a citizen if you were born in another country but one parent naturalized when you were under 18, and were living in the U.S. as a lawful permanent resident. A citizen is also a person whose parents are unknown and who was found in the U.S. while under age 5.

You may be a citizen if:

you were born in the U.S., including Puerto Rico (8 U.S.C. §1401); or
you were born in another country but one parent was a U.S. citizen and lived in the U.S. for certain periods of time prior to your birth (8 U.S.C. §1401(g)); or
you were born in another country but one or both of your parents naturalized and became citizens when you were under 18 and living in the U.S. as a lawful permanent resident (8 U.S.C. §1432(a)); or
you were found in the U.S. while under the age of 5 and your parents are unknown (8 U.S.C. §1401(f)).

The law is complicated and has several other requirements, contact our knowledgeable immigration attorneys today.