Naturalization in the US

American citizenship can be acquired at birth or through naturalization in the US. This article, written by Michael Decker, one of the founding partners at Decker, Pex, Levi, will explain the differences between naturalization and acquiring American citizenship by birth, the advantages of naturalization for Green Card holders, the naturalization process, and more.

What are the Differences Between Naturalization and Acquiring Citizenship?

Naturalization allows those not born as US citizens to acquire citizenship. In the US, the option to naturalize is generally open to permanent residents (Green Card holders). This involves submitting an application, undergoing an interview, passing a citizenship test, and more (see below). After naturalization, individuals receive the same rights and responsibilities as those born as citizens. In contrast, acquiring citizenship refers to the automatic granting of American citizenship based on specific circumstances: birth in the US or a US territory or to US citizen parents (jus soli or jus sanguinis).

Can American Citizenship be Revoked?

Although rare, the citizenship of naturalized individuals can be revoked under certain circumstances. Revocation of citizenship usually occurs in cases of fraud, false document submission, and other illegal activities during the naturalization process.

What are the Advantages of Obtaining American Citizenship if You Already Have a Green Card?

While both statuses offer certain rights and benefits, American citizenship opens opportunities not available to Green Card holders. Here are some key differences:

Protection from Deportation: Green Card holders can be deported from the US if they commit certain serious crimes, engage in drug trafficking, or violate immigration laws. US citizens are generally protected from deportation, offering greater security and stability. This protection may also help in the competitive US job market, as employers often prefer to hire US citizens over residents who might leave the US voluntarily or otherwise in the future.

Sponsorship Rights for Family Members: While Green Card holders can only sponsor spouses and children (up to a certain age and if they are unmarried), citizens can sponsor additional family members such as parents, siblings, and adult children, whether married or not.

US Citizenship for Your Children: According to the Child Citizenship Act of 2000, children under 18 who are lawful permanent residents and in the legal and physical custody of a naturalizing parent automatically become US citizens when their parents naturalize.

Financial Opportunities: Naturalization opens doors to a wide range of economic opportunities. Citizenship is the fulfillment of the American dream, eliminating the need for work visas or sponsorship and allowing you to develop entrepreneurship and contribute to the American economy. Studies have shown that naturalized citizens tend to earn higher incomes compared to permanent residents, enabling them to accumulate wealth, invest, and support their families.

Access to Government Jobs: The expanded economic opportunities for US citizens are not limited to the private sector; while certain government jobs may be open to Green Card holders, some positions require US citizenship. Sensitive roles requiring security clearance include positions in the Department of Defense, the intelligence community, law enforcement, and Homeland Security. US citizenship is often a prerequisite for obtaining clearance to work in these roles, as it demonstrates loyalty and commitment to national interests.

Other Government Jobs: Some of these positions are specifically designated for US citizens by law. These include roles involving policy-making, regulatory enforcement, or public administration positions requiring a deep understanding of US laws, government, and judicial system.

Obtaining a US Passport: A US passport is one of the most powerful travel documents in the world. It gives you access without the need for a prior visa to more than 180 countries, meaning you can travel more easily and conveniently than ever before. Moreover, if you ever need consular services or emergency assistance abroad, you can contact the nearest US embassy or consulate for help and support.

Social Benefits: While permanent residents may be eligible for certain Social Security benefits, other programs have restrictions or limited eligibility for non-citizens. These benefits include Medicare, Medicaid, public assistance programs, and federal financial aid for education.

Social Integration in the US: Naturalization fosters a deeper sense of belonging and social integration in American society. Among other things, citizens can vote in local and national elections, thereby influencing the democratic process and policy in the US. Political participation not only benefits the individual citizen but also contributes to the strength of democracy. A diverse electorate ensures a more inclusive and representative government, reflecting the interests and concerns of a wide range of citizens. Naturalized citizens bring unique perspectives and experiences to the political arena, enriching public discourse and promoting multiculturalism.

Do You Have to Renounce Your Original Citizenship When Naturalizing in the US?

No, the US allows dual citizenship, meaning you can be a citizen of the US and another country (or more than one other country) simultaneously. However, it is important to note that some countries may have restrictions or limitations on dual citizenship, so it is advisable to check the laws of all countries involved (Israel also permits dual citizenship).

Do You Have to Report Taxes Even if You Do Not Permanently Reside in the US?

Yes, US citizens, regardless of their residence, are generally required to report their worldwide income and file tax returns with the Internal Revenue Service (IRS). These reports include income earned outside the United States. However, there are law proposals in the works that would exempt Israeli-Americans in Israel from dual taxation.

How to Start the Naturalization Process to Obtain American Citizenship?

Here is a brief summary of the naturalization process. If you are interested in naturalizing in the US, we recommend reading the following detailed articles we have written on the subject: US Citizenship Requirements and Naturalization Certificate.

To begin the naturalization process and obtain American citizenship, you typically need to follow these steps:

1. Eligibility Check: Basic requirements include reaching adulthood (at least 18 years old), holding a Green Card for a certain period (usually five years, but in some cases, a shorter period), and meeting residency and physical presence requirements.
2. Complete Form N-400 (Application for Naturalization): Follow the instructions carefully and provide accurate information.
3. Gather Required Documents: These include documents such as your Green Card, marriage certificate, and other necessary documents.
4. Submit the Application: Send the completed Form N-400 along with supporting documents to USCIS. Pay the required filing fee (unless you qualify for a fee waiver).
5. Biometric Appointment: At this appointment, you will submit your fingerprints along with your photo and signature for a background check. There is an $85 fee for this appointment.
6. Complete the Interview: After the biometric appointment, you will be scheduled for an interview with a USCIS officer. During the interview, you will be asked questions about your application, background, knowledge of American citizenship, and English language skills. It is important to prepare for the interview by studying the naturalization test materials and reviewing your application.
7. Approval of the Application: If approved, you will be scheduled for a naturalization ceremony, where you will take the Oath of Allegiance and officially become a US citizen.
   

   Should You Consult a Lawyer to Obtain American Citizenship?

You can understand much about the naturalization process by reading the USCIS website. However, an experienced US immigration lawyer can provide the legal expertise needed to guide you, especially if your circumstances are complex and you have reason to fear rejection. A US immigration lawyer can assess your specific circumstances and help determine if you meet the eligibility requirements for naturalization. During a consultation, potential issues or challenges that may affect your application can be reviewed, and guidance on how to address them can be provided.

Our law firm, with offices in Jerusalem and Tel Aviv, specializes in US immigration law. We have a dedicated immigration team ready to assist you with your application for US naturalization. We would be happy to serve you and assist you with all matters related to this topic.

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