Is Naturalization the same thing as gaining Citizenship?
Joseph Gurian • August 31, 2023
Naturalization is the process that immigrants take to gain citizenship. In the United States, a naturalized citizen is someone who has completed all the steps necessary to acquire citizenship.
Here is a look at naturalization, the requirements to begin the process, and the steps you need to take along the way.
You should keep in mind that naturalization is the last step in a process that includes military service, marriage to a US citizen, or living for 5 years as a legal permanent resident.
How to Qualify for Naturalization
There are different circumstances for people going through the citizenship process. However, many of the requirements apply to everyone regardless of how they became eligible.
In order to become a citizen, you need to meet the following requirements:
- Be at least 18 years old. Those who are younger need to gain citizenship through their parents. When a parent becomes a citizen, their minor children gain citizenship as well.
- Be a lawful permanent resident for at least 5 years. Permanent residents, known as Green Card holders, are legally allowed to reside and work in the United States, but they are not citizens and do not have all the rights and protections of citizens. There are exceptions to this timeframe. Some people who marry a US citizen or gain refugee status may be able to go through naturalization in less than 5 years.
- Prove good moral character. To become a citizen, you need to avoid criminal activity and also prove that you have no criminal record in the countries where you previously resided. A criminal background check in your country of origin or other countries in which you lived is necessary for permanent residency as well.
- Have basic English skills. Though fluency is not a requirement, you need a basic understanding of English to gain citizenship.
- Understand US history and government. There is a short citizenship test on facts related to US history and government. This exam is given orally during the citizenship interview.
- Willingly take the Oath of Allegiance to the United States. This oath takes place during the final ceremony before a judge who legally grants you citizenship.
Applicants need to provide evidence to prove they meet all these requirements.
The Most Common Ways to Earn Citizenship
According to the US Department of Homeland Security, there are four common ways to become a naturalized US citizen.
- As the child of a naturalized citizen, you automatically earn citizenship when at least one of your parents does.
- When you marry a US citizen, you can start the naturalization process.
- If you are a lawful permanent resident for 5 years, regardless of your reason for having resident status, you can apply for citizenship.
- Non-citizens who serve in the US military may be eligible for citizenship under special rules in the Immigration and Nationality Act. The requirements for this type of citizenship include one year of honorable military service or service during a time of conflict.
The Steps for Naturalization
If you are applying for naturalization, you already have a Green Card, which grants permanent resident status. If you do not have a Green Card, you need to file form I-485, which is the application for permanent residency. If approved, you will go through an interview process and receive your Green Card.
Once you have a Green Card, you can begin the naturalization process.
- The first step in the naturalization process is to file form N-400 with the US Citizenship and Immigration Services (USCIS). You need to include personal details, information about employment, family members, marital history, time spent outside the US, and details about your spouse or children.
- You need to collect supporting evidence, such as a birth certificate, Green card, passport, US visa, and 2 recent passports-size photos. You should photocopy the documents (but send the original photos) and attach the copies to the N-400. You will need to pay an application fee with a check or money order when submitting the N-400. You can find the latest fee amounts on the USCIS website.
- After the USCIS receives and files the application, they will contact you to schedule a fingerprinting and biometrics appointment. You will need to go to a USCIS field office for an electronic fingerprint scan. You will also be asked to bring the originals of the documents you photocopied for the N-400 application so that USCIS agents can verify them.
- Once you pass all the initial checks, the USCIS will contact you to schedule a second appointment at a field office. This time, you will need to sit for an interview. The interviewer will verify information on your N-400 and may ask other questions pertaining to your application.
- During the interview, you will need to pass tests on US history and civics, which will be given in English. You need language skills to understand and answer the interviewer, and you need to answer a majority of the questions correctly. There are study guides available with all the possible questions you could be asked during the test.
- If your application is accepted, you will need to take one final step: attending an oath ceremony. You will swear an oath of allegiance to the United States in front of a judge and officially become a US citizen.
After you obtain citizenship, you can take certain steps, such as changing your status with the Social Security Administration or registering to vote.
Do You Need a Lawyer for Naturalization?
You may or may not need a lawyer for the naturalization process. Technically, it is possible to fill out the N-400 application on your own, supply all supporting evidence, and attend necessary appointments without legal assistance.
However, any incorrect or incomplete information can cause significant delays, so it can pay to have an immigration lawyer at least check your application before submitting it. If there are complicating factors, you can get advice from an attorney.
Lawyers can help with cases involving refugees, people who have a deportation order and fear for their safety if they return to their home country, or those who feel their application wasn't treated fairly.
Learn how to renew or replace a Green Card, including deadlines, Form I-90, and temporary proof of status. Gurian Group, P.A. in Miami assists immigrants with the process.
Learn how to sponsor an employee for a U.S. work visa. Gurian Group, P.A. in Miami helps employers and immigrants navigate visa options, petitions, and compliance.
Learn how U Visas and VAWA provide immigration relief for victims of crime and abuse. Gurian Group, P.A. in Miami helps immigrants secure safety, status, and stability.
Learn how to petition for your parents, children, or siblings through family-based immigration. Gurian Group, P.A. offers legal assistance to help reunite families in the U.S.
Overstaying your U.S. visa can lead to reentry bans and immigration complications. Learn the consequences and how Gurian Group, P.A. can help you find a legal path forward.
Learn what to expect during your green card interview, including preparation tips and what happens after. Gurian Group, P.A. helps immigrants navigate the green card process confidently.
Learn how U Visas and VAWA petitions can help victims of crime stay in the U.S. lawfully. Gurian Group, P.A. in Miami provides legal guidance for immigrant victims seeking protection.
Learn the key differences between asylum and refugee status in U.S. immigration law. Gurian Group, P.A. in Miami can help you understand your options and guide you through the process.
Learn the key differences between F-1 and M-1 student visas, requirements for international students, and how to maintain visa status. Gurian Group, P.A. in Miami provides legal guidance for students navigating the U.S. immigration process.
Facing an Immigration and Customs Enforcement (ICE) detention can be a daunting experience for both the detainee and their loved ones. Securing a bond is often the first critical step toward regaining freedom while awaiting immigration proceedings. At Gurian Group, P.A. in Miami, FL, we are committed to guiding you through this challenging process. Here are three essential tips to help you prepare for an ICE detention bond hearing. 1. Hire an Experienced Immigration Attorney Having knowledgeable legal representation is crucial in navigating the complexities of immigration law. Legal Guidance: An experienced attorney understands the legal nuances and can present a compelling case for your release. Document Preparation: Your attorney will help gather necessary documents, such as identity proofs, evidence of community ties, and any relevant certificates. Representation at the Hearing: Legal counsel can advocate on your behalf, increasing the likelihood of a favorable outcome. Why It Matters: Immigration laws are intricate, and mistakes can be costly. Professional legal assistance ensures that your rights are protected and that you have the best possible chance of securing a bond. 2. Demonstrate Eligibility and Low Flight Risk Convincing the judge that you are not a danger to the community and are likely to appear for all court proceedings is essential. Stable Community Ties: Provide evidence of long-term residence, employment, and family connections in the United States. Clean Criminal Record: If applicable, present documents showing a lack of criminal history or evidence of rehabilitation for past offenses. Letters of Support: Collect letters from employers, community leaders, or religious organizations attesting to your good character. Why It Matters: The judge assesses factors like community ties and criminal history to determine flight risk and public safety. Demonstrating stability and responsibility can significantly influence the bond amount and decision. 3. Prepare Financially for the Bond Amount Understanding the financial implications and being prepared to pay the bond can expedite your release. Know the Potential Costs: Immigration bonds can range from $1,500 to $25,000 or more, depending on individual circumstances. Arrange Funds in Advance: Coordinate with family or friends to ensure funds are available immediately after the bond is set. Consider Bond Companies: If necessary, explore reputable bond companies that seasoned in immigration bonds to assist with the payment. Why It Matters: Prompt payment of the bond amount allows for quicker release from detention. Financial preparedness demonstrates responsibility and seriousness about complying with immigration proceedings. We’re Here to Support You Preparing for an ICE detention bond hearing can be overwhelming, but you don't have to face it alone. At Gurian Group, P.A., our dedicated immigration attorneys are committed to providing compassionate and effective legal assistance tailored to your unique situation. Our Services Include: Personalized legal consultation Thorough preparation of documentation Representation at bond hearings Ongoing support throughout your immigration case Contact Us Today If you or a loved one is facing an ICE detention in Miami or the surrounding areas, immediate action is essential. Contact Gurian Group, P.A. in Miami, FL, for a confidential consultation.