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Typical Pathways to Citizenship

Mike Ivancie, Esq.

Currently there are 4 typical ways an individual can get U.S. citizenship.  They are: 1) Individuals who apply and have had a green card for more than 5 years; 2) Green card holders who marry U.S. citizens; 3) Green card holders in the military and their family; derivative Citizenship through parents.

Recently there has been talk about a comprehensive immigration reform bill. If that bill passes it will likely contain some type of amnesty clause or a framework to allow currently present non-status individuals a pathway to residency if not citizenship. I will write further on that topic, and update this section, when the framework is known and concrete.

Below are the typical pathways to United States Citizenship

If you have been a green card holder (permanent resident) for at least 5 years, the general requirements are as follows:

  • Be 18 or older at the time of filing
  • Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization
  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
  • Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application
  • Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
  • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).
  • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

For green card holders that marry U.S. Citizens, the general requirements are:

  • Be 18 or older
  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application
  • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization until the time of naturalization
  • Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
  • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
  • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

For individuals who have served in the military during peacetime the general requirements are (note there are different requirements in peacetime and during hostilities, also not the requirements vary for family members:

  • Be age 18 or older
  • Have served honorably in the U.S. armed forces for at least 1 year and, if separated from the U.S. armed forces, have been separated honorably
  • Be a permanent resident at the time of examination on the naturalization application
  • Be able to read, write, and speak basic English
  • Have a knowledge of U.S. history and government (civics)
  • Have been a person of good moral character during all relevant periods under the law
  • Have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law
  • Have continuously resided in the United States for at least five years and have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application, UNLESS the applicant has filed an application while still in the service or within 6 months of separation.  In the latter case, the applicant is not required to meet these residence and physical presence requirements.

The rules for derivative citizenship through parents are complicated and vary depending on a variety of factors.

 

As always, consult with a licensed attorney prior to taking any action.

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