LMAC Spotlight Topic: Naturalization
Naturalization a Priority for Many
With the most recent presidential election, there was a surge in interest for U.S. permanent residents (green card holders) to become U.S. citizens. U.S. citizenship carries many of the same rights and responsibilities as permanent resident status, with one major exception being the right to vote. In addition, given the focus on enforcement actions for immigration status violations, becoming a U.S. citizen offers the former foreign national additional security and protection under U.S. laws.
Another important benefit of U.S. citizenship, from both the employer and employee's perspective, is that many of the export license and security restrictions which would otherwise apply to your foreign national employees do not apply to U.S. citizen employees. This enables the employer to maximize its current workforce by utilizing qualified employees in all areas of its business. U.S. citizenship also facilitates international business and personal travel: permanent residents must often obtain visas to travel to other countries, whereas similar restrictions may not apply to U.S. citizens.
U.S. Citizenship and Immigration Services (USCIS) announced that more than one million new citizens took the Oath of Allegiance during fiscal year 2008 - up more than 50% from 2007. The surge in applications for naturalization was due in part to immigrants’ desire to vote in this year’s presidential election, one of the most anticipated in recent history. Unfortunately, many individuals were unable to become U.S. citizens by the voter registration deadline. Although USCIS reduced naturalization processing times from 16-18 months to 9-10 months, there is never a guarantee that the USCIS will adjudicate a case within the published processing times. As a result, even those who applied in ample time may have missed the opportunity to take part in this year's election. As there will be many more opportunities for naturalized citizens to participate in the democratic process by casting their ballots in upcoming local, state and national elections, we recommend starting the naturalization process as soon as they are eligible to do so.
There are 5 different timelines/residency requirements which the permanent resident must meet in order to be eligible for naturalization:
1. Generally, the applicant must have been a U.S. permanent resident for 5 years (or 3 years if married to a US citizen), although the application may be filed 90 days before the residency requirement is established.
Exceptions: Current or former members of the U.S. Armed Forces, or spouses of U.S. citizens who died during a period of honorable military service may be exempt from the residency requirement.
2. The applicant must have been physically present in the U.S. for at least 2.5 of the 5 years (or 1.5 of the 3 years).
3. The applicant must reside for a least 3 months in the state in which he/she will be filing the naturalization application (brief absences are allowed, as long as there was no intention to abandon residence; three-month residence may be satisfied after the application is filed).
4. The applicant must reside continuously within the U.S. from the date the application for naturalization is filed, to the time citizenship is granted (brief absences are allowed, as long as there was no intention to abandon residence).
5. The applicant must not have been absent from the U.S. for a continuous period of more than 1 year (even if the individual obtained a re-entry permit to preserve his/her green card).
There are also requirements that the applicant be able to demonstrate good moral character; and with limited exceptions, speak and write in English; and pass a civics exam.
Our office is available to assist individuals in their applications for naturalization. If you would like additional information, please feel free to contact us.
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