Naturalization for Green Card Holders

Green Card holders should apply for US naturalization as soon as they are eligible. Why the rush to “should” instead of “may at their leisure”? Because US citizenship cannot be lost, while permanent resident status can be revoked. Naturalization for Green Card Holders may allow them to hold on to their life in the US under difficult circumstances.

Green Card holders need to reside in the US and make it the center of their lives. If they do not, they risk losing their permanent resident status and their Green Card. It often happens that Green Card holders need to return to their home country to be with their families or for work reasons. We hear countless stories of Green Card holders who left the US thinking they were going for a short period but ended up staying abroad for years and lost their Green Cards. On the other hand, US citizens are not required to live in the US and can live abroad for as many years as they want.

Even if you never leave the US, there is a possibility that you could lose your Green Card and be deported from the US, such as due to a criminal conviction. Those who do not renew their Green Card on time or fail to do so may lose their permanent resident status and be deported. US citizens do not need to renew their US passport if they do not intend to leave the country.

When Can You Submit Your Naturalization Application?

You can submit your application for US naturalization after you have lived in the US as a Green Card holder for five years. If you received your Green Card through your spouse, you are eligible to apply for citizenship after three years. Those who received their Green Card through another family member (such as a brother or sister) can only naturalize after five years.

It is important to note that during these five years as a Green Card holder, you must spend at least 50% of each calendar year in the US. This ensures that your application will go smoothly and there will be no doubt about your “center of life” in the US (see the article on proving a center of life in Israel; the conditions are similar if not identical). If you do not spend most of the year in the US once you receive your Green Card, the count will start from the first year that at least half of it is within the US.

Often, in the first two years after receiving the Green Card, you need to travel back and forth a lot to your home country due to work connections or family difficulties. For example, if in the first year of being a Green Card holder you do not spend enough time in the US but then spend the required time in the US in subsequent years, you can apply for naturalization six years after becoming a Green Card holder.

You will need to maintain your center of life in the US from the time you submit your citizenship application until it is approved and you become a US citizen.

What Are the Conditions for Accepting the Naturalization Application?

You will need to prove that you are not a public safety threat in the US and that you are familiar with the United States and ready to integrate into it. This involves submitting documents, interviews at the embassy, and official tests.

When submitting your naturalization application, your immigration history in the US and any criminal background will be scrutinized. “Criminal background” means not only convictions but also arrests or charges filed against you, even if they were later dismissed. The immigration process to be examined includes stays, work or suspicion of illegal work, sham marriages, and illegal stays within the US. It is highly recommended to consult with a US immigration lawyer if you have had past immigration issues or any criminal background. In more extreme cases, it may be advisable not to submit a naturalization application to avoid risking your Green Card and potential deportation from the US.

At the end of the process, you will take tests to assess your proficiency in the English language, US history, and its system of government (“citizenship classes”). USCIS (United States Citizenship and Immigration Services) provides study materials for the test.

Men of draft age (up to 26) will need to register with the Selective Service System or prove exemption eligibility.

After passing the test phase, you will be invited to a ceremony to take the Oath of Allegiance to the United States and receive citizenship. This ceremony marks the end of the long journey and the beginning of your new life as a citizen of the United States of America.

Our law firm specializes in US immigration and has a dedicated immigration team to handle your naturalization application.

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