Top 7 Questions on Citizenship/Naturalization Process

  1. What is the Citizenship/Naturalization Process?
  2. What is the difference between Citizenship Certificate and Naturalization Certificate?
  3. When can someone apply for Naturalization?
  4. What are some other requirements for Citizenship?
  5. What is considered Good Moral Character?
  6. Who qualifies for exceptions?
  7. What am I to expect once the N-400 Application is submitted?

What is the Citizenship/Naturalization Process?

This is the immigration process for a non-citizen, that was lawfully admitted into the United States to become a Citizen of the United States.

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What is the difference between Citizenship Certificate and Naturalization Certificate?

The Citizenship Certificate is granted to a person who acquires or derives citizenship from his U.S. Parents. This basically a proof of citizenship that is granted by right.

The Naturalization Certificate is granted to a non-citizen, that was admitted into the United States and became a Lawful Permanent Resident. This is proof of citizenship that is granted after a process to determinate if a Lawful Permanent Resident qualifies to be U.S. Citizen.

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When can someone apply for Naturalization?

A Lawful Permanent Resident can apply 3 months prior of having 5 years of residence in the U.S. or 3 months prior to 3 years if the residence was obtain based on the Marriage to a U.S. Citizen.

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What are some other requirements for Citizenship?

A Lawful Permanent Resident that has “#Good Moral Character”, knows United States History and knows the English Language. The applicant will have to pass a Test to prove the previous two points (History & Language) unless qualified for an exception (for example a medical condition or the age and time of residence).

The family members of U.S. Military Members can apply under an expedited and different process than the regular applicants.

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What is considered Good Moral Character?

Normally an applicant is presumed to have Good Moral Character if they do not have a prior criminal record, does not have debt with the Internal Revenue Service, has not paid child support and has not been associated with any type organization that does not have the right standards (example a Nazi or Terrorist Group).

An applicant that has criminal record or any type of moral/civil obligation that has not been met (Child Support/Internal Revenue Service debt) can still apply for citizenship, but this would possibly make the case more difficult and the odds of approval could be lower. For this type of cases it is highly recommended to speak with an Immigration Attorney, not only to evaluate the risks involved as each case is unique, but also, the potential risk of losing your green card and being put into removal proceedings.

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Who qualifies for exceptions?

A Lawful Permanent Resident that due to a Medical Condition cannot understand the English language or take the United States History (Civics Exam). A General Surgeon certifies this through the Form N-648, Medical Certification for Disability Exceptions, that must be completed and signed.

Also, a Lawful Permanent Resident does not need to meet the English language (this also means that the applicant can do the civic test in their native language, they will need to be accompanied by a Translator) requirement if:

  • Is over 50 years old and have lived in the United States as a Lawful Permanent Resident for at least 20 years.
  • Is over 55 years old and have lived in the United States as a Lawful Permanent Resident for at least 15 years.
  • Is over 65 years old and have lived in the United States as a Lawful Permanent Resident for at least 20 years.

THIS EXCEPTION ALSO GRANTS THE APPLICANT WITH A REDUCED VERSION OF THE CIVIC TEST, THAT MAKES IT EASIER (20 QUESTIONS INSTEAD OF 100)

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What am I to expect once the N-400 Application is submitted?

  • Receive Form I-797C, Notice of Action, Receipt Notice; this shows that the case has been received by the USCIS Office that will process your case;
  • Receive Form I-797C, Notice of Action, Biometrics Appointment; this is a scheduled appointment for the applicant to get fingerprinted and photograph. This will allow USCIS to conduct a Background check on you;
  • Receive Form I-797C, Notice of Action, Interview Notice; this is scheduled appointment for the applicant to do his English and Civics Test. On this appointment the applicant may be notified in their application is approved.
  • Receive Form I-797C, Notice of Action, Oath Ceremony; this will be the last step for the path of Citizenship. The applicant will go to a Solemn Ceremony and will obtain his final Naturalization Certificate.

You will not become a citizen until the oath-ceremony is approved.

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