Lawful permanent residents (Green Card holders) in the US can become citizens through a process called naturalization. Naturalization is only an option for those who already have Green Cards. People with temporary, family-based visas can’t apply until they become permanent residents. Naturalization applicants must file Form N-400s and meet several other requirements to obtain citizenship. If approved, naturalized immigrants become US citizens with full rights and responsibilities.
Types of Family-Based Visas and Their Paths to Citizenship
Family-based visas fall into two main groups: immediate relatives and family preference categories. Immediate relatives include spouses, unmarried children under 21, and parents of US citizens. Family preference visas cover more distant relatives, like siblings or adult children.
The type of family visa you have affects how long it takes to get a Green Card, which you must obtain before you may apply for citizenship. Once you become a permanent resident through a family-based visa, you can start working toward naturalization by meeting the standard residency and eligibility rules.
From Family Visa to Green Card
Family visa holders must first become lawful permanent residents (Green Card holders) before they can apply for citizenship. This process involves either consular processing abroad or adjustment of status in the US. For consular processing, applicants must attend interviews at US embassies or consulates. For adjustment of status, applicants must apply while already in the US.
After approval, visa holders receive their Green Cards. The date of approval for permanent residency starts the clock for the naturalization process, which usually requires a three- to five-year waiting period.
When Can a Green Card Holder Apply for Citizenship?
Most family-based Green Card holders must wait five years before applying for citizenship. The law typically requires that you live in the US for at least five continuous years as a permanent resident. However, you may qualify after only three years if you live with and remain married to a US citizen for the full three-year period. You must also meet the other requirements for naturalization, including time spent in the US, moral conduct, and testing, before you can apply.
Citizenship Requirements
Family visa holders must meet specific eligibility requirements to apply for US citizenship, which include:
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Residency: Most applicants must live in the US as lawful permanent residents for at least five years before applying. Some can apply after three years if they’re married to and living with a US citizen during that time.
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Physical Presence: Applicants must spend at least half of their required residency period (three to five years) physically within the US. Long trips abroad can delay or even restart the timeline.
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Continuous Residence: Applicants must live in the US without long breaks. Any trip outside the US lasting six months or more can disrupt continuous residence periods.
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Good Moral Character: Immigration authorities will look at each applicant’s behavior during their required residency period. Issues like certain criminal charges, unpaid taxes, false statements to immigration officials, or failure to support dependents can raise red flags.
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Background Check: Every applicant must complete fingerprinting and pass a full background check. USCIS reviews immigration, criminal, and sometimes financial history.
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Testing: Most applicants must take English language tests to show that they can speak, read, and write basic English. They must also pass civics tests on US history and government.
How an Immigration Lawyer Can Help at Every Stage of the Process
If you’re thinking about applying for US citizenship, the attorneys at Gambacorta Law can help you through the process from start to finish. Our Chicagoland immigration lawyers handle everything from eligibility checks to application and interview prep.
We work with clients across Chicagoland, Arizona, Texas, the Philippines, and Thailand. You can meet us in person at our main office location in Skokie, Illinois, or speak with us remotely. We offer legal services in Tagalog, Thai, Spanish, and Vietnamese.
Contact our law firm now to set up your free consultation and learn more about how we can help you secure your future in the US.