A Certificate of Naturalization is given to a foreigner who meets the legal criteria for US citizenship. Naturalization is the only way to acquire a US citizenship for a person who was not born within US borders or to an American parent, and is generally available only to Green Card holders. The main difference in the conditions for Green Card holders who wish to naturalize in the US, is between single foreign citizens and those married to Americans.
It is important to distinguish between Certificate of Naturalization – which is proof that an individual has become a US citizen through the naturalization process – and Certificate of Citizenship, which is proof that an individual acquired their US citizenship from their parents. For further information, please read the article below written by attorney Michael Decker, one of the founding partners at our law office, an expert in US immigration law
Why is it important to get a Certificate of Naturalization, if you already have a Green Card?
Permanent residency in the United States (commonly known as a “Green Card”), is a great way to start your life in the United States. However, our recommendation to any Green Card holder that meets the following conditions is to apply for a Naturalization certificate. Why apply for citizenship by naturalization when Green Card holders have a permanent resident status – can live and work in the US, and enjoy most of the same benefits as US citizen? For starters, having a Green Card does not provide you with the same legal rights that you would have as an American citizen. A few examples of the differences are as follows:
- Unlike US citizens, Green Card holders are not guaranteed protection from deportation.
- Green Card holders need to maintain their center of life in the US to keep their resident status in the US while US citizens can reside anywhere in the world.
- As a Green Card holder, it is harder to bring other family members to the United States. While a Green Card can be extended to parents or siblings, adult married offspring who were born outside the US will not be given the opportunity to receive a Green Card on this basis. US citizens do not face this restriction.
- Green Card holders are not issued US passports, which currently allows entry to over 180 countries – many of which are not open to those who have only an Israeli passport.
- Green Card holders have no voting rights, cannot run for political office or work for the federal government.
- Green Cards must be renewed every 10 years.
Hence, as a US citizen you will be entitled to full legal rights and protections under the American law – rights and protections you don’t fully get as a Green Card holder. It is also important to note that a person who naturalized in the US does not lose their citizenship of the country of birth: U.S. law does not mention dual nationality or require a person to choose one citizenship or another, and a person may theoretically have even three (or more) citizenships.
How to apply for a US citizenship as a Green Card holder?
The form you are required to complete in order for the US Citizenship and Immigration Services (“USCIS”) to examine your request is called N-400, Application for Naturalization. There is a filing fee of $640 for the form, and an $85 biometric fee (see additional information below). You may submit the form to the USCIS online or by mail, as early as 90 calendar days before you complete your residence requirements described in detail below.
Is it possible to apply for a Green Card (and later, for naturalization), on the basis of marriage?
Foreign citizens who marry a U.S. citizen or a Green Card holder may obtain a Green Card on the basis of marriage. This process is usually long and time-consuming, but significantly shorter in cases where the application is submitted by a spouse who is an American citizen, compared with cases where a spouse who is a Green Card holder submits the application. In case your spouse is an American citizen, you may apply for US citizenship already three years after receiving the Green Card, as described below.
What conditions must a Green Card holder meet in order to be eligible for naturalization in the US?
- You must be at least 18 years old.
- If you are not married to a US citizen: It is important to apply to naturalize as a US citizen as soon as you are eligible for it. A Green Card holder may submit their application for naturalization after five years of living in the United States. During this time period, it is highly recommended that you spend at least 50% of each calendar year in the US – otherwise the authorities might decide that your “life center” was not in the US. It’s important to maintain residence until you have finished the process and received your Certificate of Naturalization.
- If you are married to a US citizen, and acquired your Green Card through marriage, you may apply for citizenship after just 3 years of marriage (your spouse must have been a US citizen since before your marriage). During these 3 years, you must not have been outside of the United States for a period longer than 18 months and again it is recommended to reside in the US for the majority of this time.
- You must have lived in the US state where you are applying for citizenship for the last 3 months prior to submitting the application.
- Criminal background and immigration history: Part of the naturalization process includes a thorough inspection of your immigrant history and any criminal background in the United States and abroad. Criminal background in the US means not only convictions in court but includes also arrests or charges brought against you (even if the charges were finally dropped). When the USCIS reviews your immigration history, they will look for things like working illegally (or even a suspicion of work without a visa), marriage fraud, crossing the US border illegally, or overstaying your visa. If you have any type of criminal background, it is very important to check this with a US immigration lawyer PRIOR to filing an N-400 application.
- You are able to read, write and speak at least basic English.
- You know the fundamentals of American history and the form of and principles of the US government. Both your level of English and knowledge of US history will be tested when you apply.
Exceptions to these conditions and additional information can be found in the Naturalization Eligibility Worksheet Instructions, posted by the USICS.
What happens after submitting your request?
- Biometrics – unless your fingerprints were taken in a previous immigration application, you will need to provide your biometric data; the USCIS will send you an appointment notice, regarding the date, time and location where this data will be taken.
- Interview and test – the (almost) final step before getting your naturalization certificate is an interview with a USCIS officer, who will ask you questions about your application and background. You will also undergo an English and Civics
- Taking the oath – once you have successfully completed all the mentioned steps, the USCIS will schedule you to take the Oath of Allegiance at a naturalization ceremony. After taking the oath you will be considered a US citizen, and will receive your coveted Certificate of Naturalization.
Are Certificate of Naturalization and Certificate of Citizenship the same thing?
No. Although both certificates are legal proof of US citizenship, the Certificate of Naturalization is issued to foreign citizens who chose to voluntarily become US citizens through the naturalization process, while the Certificate of Citizenship is issued to US citizens who acquired their US citizenship through their parents.
Which details appear on the Certificate of Naturalization ?
The certificate of Naturalization includes the following details of information regarding the foreign citizen who acquired their US citizenship through naturalization:
- Their USCIS registration number (A-number);
- Full name;
- Marital status ;
- Place of residence;
- Country of former nationality;
- Photograph;
- Applicant’s signature;
- Other descriptors: sex, date of birth and height.
The certificate also contains other formal information, such as certificate number, date of issuance and a statement by the USCIS director – indicating that the applicant complied with all the eligibility requirements for naturalization under the laws of the United States.
How can a naturalized citizen obtain a US passport upon completion of their naturalization process?
It is likely that one of the first steps you will want to take as a new citizen of the United States is obtaining a US passport. In order to do so, you will need to feel in form DS-11 and provide evidence of US citizenship, which you may do with your Certificate of Naturalization. You will also need to present your ID and photo, as detailed on the website of the US Department of State.
Start your naturalization process by contacting a lawyer with expertise and experience
Since so many people are interested in becoming American citizens, the US authorities inspect each request very carefully. Therefore, it is highly recommended to use the services of a skilled lawyer with experience in the field, to represent you before the federal immigration authorities.
Our law firm, which has offices in Jerusalem and Tel Aviv, specializes in US immigration laws and has a dedicated immigration team to assist you with your application for naturalization in the United States. We will be happy to be at your service and assist you in everything related to the issue. You are more than welcome to contact us using the phone number or email address listed below.
The article was written in collaboration with attorney Adam Jonsson.
