Green Card Through Employment
If you procured your green card through most other means (such as employment-based immigration), you must accrue 5 years of continuous presence before you can apply for naturalization. You must also accumulate at least 2.5 years (or 30 months) of physical presence in that time.
For those who have obtained their green cards via employment, it's crucial to understand how job-related relocations or assignments abroad might affect the naturalization timeline. Relocations should be planned with an awareness of the risks they pose to the required continuous presence status. Maintaining employment records and a sound understanding of the U.S. tax implications can further support your application, ensuring it reflects a strong, unbroken link to the United States.
Continuous Presence
Continuous presence involves maintaining a primary residence in the United States. You can disrupt continuous presence by traveling outside the country for a period longer than six months at any one time.
Understanding the implications of continuous presence on your naturalization application is vital. The rules surrounding this requirement are strict, and failure to comply can result in application setbacks. It's also beneficial to engage in community activities and maintain ties within the U.S., which can serve to further demonstrate your roots and commitment to life in America.
Physical Presence
Physical presence refers to the number of days you spend physically located inside the country. You must stay within the United States for at least half of your mandatory waiting period.
To be eligible for citizenship, the physical presence requirement is non-negotiable, as it ensures you are genuinely engaged in everyday American life. This requirement is separate from continuous residence, and same-period compliance with both conditions is mandatory. Consulting with an immigration lawyer can help clarify any confusion about this nuanced requirement, ensuring your documentation accurately reflects your time spent in the country.
Naturalization Eligibility
In addition to meeting continuous and physical presence requirements, you must:
- Be at least 18 years old
- Be a resident of the state from which you are applying for at least 3 months prior to submitting your application materials
- Be willing to serve in the U.S. military (or perform civilian service) if called upon
- Register for the Selective Service System if you are male and lived in the country between the ages of 18 and 25
- Demonstrate “good moral character”
You will generally be considered to have “good moral character” if you have not been convicted of certain types of violent, fraud-related, or drug-related crimes. Our Chicago citizenship attorney can assess your eligibility and work to ensure you meet all requirements before applying for naturalization.
The journey to citizenship can be demanding, with several checkpoints along the way to ensure each applicant embodies the values and responsibilities associated with being a U.S. citizen. The selective service registration, for instance, underscores a commitment to shared civic duties. Remaining aware of and adhering to these obligations from the start of the application process can improve one's chances for a successful outcome.
Contact us online or dial (312) 313-6707 to learn more about how our Chicago citizenship lawyers can help you with naturalization. We offer our legal services in English and Spanish.
The Naturalization Process
Once you meet all eligibility requirements, you can begin the process of becoming a permanent U.S. citizen. Prospective citizens can often get a head start by submitting their Application for Naturalization in the 90-day window before their mandatory waiting periods conclude. After receiving your application, United States Citizenship and Immigration Services (USCIS) will schedule a biometrics appointment at your local USCIS office. This involves the collection of your fingerprints and the initiation of a background check.
Next comes what can be a substantial waiting period. Many naturalization applicants will wait at least 14 months before hearing from USCIS. The extent of this wait can vary with the case backlog.
Eventually, USCIS will schedule an in-person interview at your local field office. The citizenship exam will be conducted at this meeting. While tests of any kind can be stressful, it is important to understand that the naturalization exam is not designed to be especially difficult.
Planning and preparation are vital during the waiting period, as applicants have ample time to ready themselves for all components of the citizenship exam. Engaging in study sessions, attending workshops, and using online resources can all play a crucial role in ensuring you are fully prepared when your interview and exam dates arrive. Our team is here to offer guidance and resources to support your preparation efforts.
The citizenship exam involves the following components:
- English Language Speaking Test. The entirety of the in-person interview will be conducted in English, and you will be asked to verify elements of your application. You will most likely pass this component of the exam if you are able to adequately respond to the USCIS officer’s questions in English.
- English Language Writing Test. The USCIS officer will speak three separate sentences aloud in English. You must correctly transcribe one of the spoken sentences to pass.
- English Language Reading Test. The USCIS officer will provide you with three sentences written in English. You must verbally read one of these sentences to pass.
- Civics Test. You will be given 10 questions (out of a possible 100, all of which can be studied in advance) that cover subjects related to U.S. history and government. You must correctly answer at least 6 of the 10 questions to pass. If you are at least 65 years old, the 10 questions you receive will come from a smaller pool of only 20 questions.
You must pass all portions of the exam to become a U.S. citizen.
If you do not pass any single component of the test, you will have a second opportunity to try again at a later date. Our team can help you study and prepare for the exam. We can also help you exercise any available examination exceptions if you have a qualifying disability or are an older applicant that has lived in the U.S. as a lawful permanent resident for a substantial amount of time.
The USCIS officer will approve your naturalization application if they are satisfied with your interview answers and you pass all components of the citizenship exam. You must take the Oath of Allegiance at a scheduled ceremony before you officially become a citizen.
This final step is one of the most rewarding, as it formalizes your new status as a U.S. citizen, granting you full rights and privileges. Many clients find this ceremony particularly moving, as it marks the end of their journey and the beginning of a new chapter. Our legal team is dedicated to supporting you to this important milestone, ensuring nothing stands in your way during this pivotal moment.
As a naturalized citizen, you can:
- Vote
- Run for elected office
- Apply for public sector jobs
- Secure U.S. citizenship for new children
- Sponsor relatives for green cards
- Procure additional federal benefits
- Travel with a U.S. passport
Our Chicago citizenship attorney at Aparicio Immigration Law can provide the capable and comprehensive guidance you need when navigating the naturalization process. We can assist you with your application materials, manage communications with USCIS, and help you prepare for the citizenship exam. We are invested in your success and are ready to do everything we can to help you efficiently become a U.S. citizen.
How an Immigration Lawyer Can Assist You
A citizenship lawyer can provide invaluable assistance throughout the process of obtaining U.S. citizenship. Here's how we can help:
- Eligibility Assessment: Citizenship attorneys can evaluate your situation to determine if you meet the eligibility requirements for naturalization. They can help you understand the criteria, such as residency requirements, good moral character, and knowledge of English and U.S. history.
- Application Preparation: Completing the naturalization application (Form N-400) can be complex. An attorney can guide you through each section, ensuring that all information is accurate and complete. They can help you gather necessary documents and evidence to support your application.
- Addressing Legal Issues: If you have any legal issues or complications, such as a criminal record or immigration violations, a citizenship lawyer can provide advice on how these might affect your application. They can help you resolve these issues or provide a strategy to mitigate their impact.
- Interview Preparation: A key part of the naturalization process is the interview with a U.S. Citizenship and Immigration Services (USCIS) officer. An attorney can help you prepare for this interview by conducting mock interviews, reviewing potential questions, and advising you on how to present your case effectively.
- Representation: If any issues arise during your application process, an attorney can represent you in communications with USCIS. They can respond to requests for additional evidence, attend interviews with you, and help navigate any legal obstacles.
- Appeals and Legal Challenges: If your application is denied, a citizenship attorney can assist with filing an appeal or requesting a hearing. They can provide legal arguments and evidence to support your case, increasing your chances of a successful outcome.
- Peace of Mind: Navigating the naturalization process can be stressful and confusing. Having an experienced attorney by your side can provide peace of mind, knowing that a professional is handling your case and advocating for your best interests.
If you have a case, don’t hesitate to contact our legal team today. Our firm is backed by years of experience and a track record of success. Call us today to schedule an initial consultation.
Scheduling a consultation with us means taking the first step towards securing your dream of U.S. citizenship. We offer practical, empathetic, and insightful support every step of the way, ensuring you feel informed and empowered throughout the process. This partnership approach reassures many clients, providing an additional level of comfort and confidence as they embark on their naturalization journey.
Frequently Asked Questions about Citizenship in Chicago
What Are the Benefits of Hiring a Local Citizenship Lawyer in Chicago?
Hiring a local citizenship lawyer in Chicago offers numerous advantages, particularly in navigating the complex landscape of U.S. immigration law. A local attorney is familiar with the idiosyncrasies of local adjudication and courts, which can make or break a naturalization application. Additionally, they have established relationships with local USCIS officers, which can facilitate smoother preparation for interviews and reduce misunderstanding during communication.
Moreover, a local attorney can offer insights into Chicago-specific opportunities and challenges, such as workshops or community events organized by local immigration advocacy groups. Being accessible for face-to-face consultations offers the added benefit of personalized service, tailored advice, and immediate responses to urgent queries. These local insights and accessibility can be invaluable in ensuring the success of your naturalization process.
How Does the Chicago Immigration Court Affect My Naturalization Process?
The Chicago Immigration Court plays a critical role in proceedings that might affect your naturalization application, such as removal hearings or adjustment of status debates. Applicants must be particularly mindful of how these legal proceedings intersect with the timing and nature of their citizenship applications. Legal cases such as adjustment of status or deportation proceedings can directly impact the length of time it takes to gain U.S. citizenship.
Having an attorney well-versed with the Chicago Immigration Court’s procedures and judges can offer essential strategic advantages. They can help navigate the nuances of your case while ensuring compliance with local rules and practices. This expertise can be the deciding factor in avoiding delays or rejections during your naturalization journey.
What Local Resources Can Assist Me on My Path to Citizenship?
Chicago is home to numerous resources for immigrants seeking to naturalize. Various non-profit organizations and advocacy groups offer workshops, legal guidance, and educational resources aimed at empowering immigrants to succeed in their citizenship quests. Institutions like the Illinois Coalition for Immigrant and Refugee Rights offer support in navigating both legal and community-based challenges.
Engaging with these organizations not only provides essential guidance but can also offer community support that fosters a sense of belonging. Leveraging these local resources can ease the transition from permanent residency to full-fledged citizenship by providing both legal insight and emotional support during this significant life change.
Can Chicago's Local Policies Impact My Citizenship Application?
Chicago’s scenic landscape isn’t just limited to its culture and architectural landmarks; it’s also reflected in its inclusive and progressive immigration policies. The city’s sanctuary policies, for instance, provide a layer of protection and assurance to immigrants, fostering a safer environment for pursuing citizenship applications without fear of deportation solely based on immigration status.
However, it is vital for applicants to not misconstrue local sanctuary protections as blanket protections in every legal scenario. Consulting with a knowledgeable citizenship attorney is paramount in ensuring that you maximize the benefits these policies afford while simultaneously understanding their limitations. Location-specific considerations such as these can play a pivotal role in the naturalization process.
How Do I Prove Good Moral Character in My Citizenship Application?
Demonstrating good moral character is a fundamental requirement in the citizenship application process. This involves showing consistent behavior that meets community standards and abides by U.S. laws. Applicants often use a variety of documentation, including testimonials from community leaders or employers, to support this requirement. Additionally, maintaining a clean legal record free from certain criminal convictions is crucial.
If there are past issues that might raise questions about your moral character, addressing them proactively is advisable. Working with your attorney, you can gather evidence such as participation in community service or rehabilitation programs. A well-prepared application that clearly demonstrates good moral character can greatly increase your chances of successful naturalization.
Schedule an initial consultation with a citizenship lawyer near you contact us online or give us a call at (312) 313-6707! We serve clients in Illinois, Indiana, and Wisconsin.