Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Question: I have been in the United States for many years and would like to become a U.S. Citizen. Can you tell me how someone qualifies?

Answer: You may become a U.S. citizen (1) by birth or (2) through naturalization. Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens. If you were born in the United States, including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands, you are an American citizen at birth. Your birth certificate is proof of your citizenship.

If you were born abroad and both of your parents are U.S. citizens and at least one of your parents lived in the United States at some point in his or her life, then in most cases you are a U.S. citizen.

If you were born abroad and only one of your parents is a U.S. citizen, then in most cases, you are a U.S. citizen if ALL of the following are true: One of your parents was a U.S. citizen when you were born; Your citizen parent lived at least 5 years in the United States before you were born; and at least 2 of these 5 years in the United States were after your citizen parent’s 14th birthday.

If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent’s 14th birthday.

Question: If I have my Green Card, how do I become a naturalized citizen?

Answer: If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the “Application for Naturalization” (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the “Application for a Certificate of Citizenship” (Form N-600) to document their citizenship. Qualified children who reside abroad use the “Application for Citizenship and Issuance of Certificate under Section 322” (Form N-600K) to document their naturalization.

Question: What are the requirements for naturalization?

Answer: Basically, you need to have been a permanent resident for at least five years (unless you became a lawful permanent resident through marriage to a U.S. Citizen which changes the time to 3 years) and need to have been physically present in the U.S. for at least 2 ½ of the previous 5 years with no absence for more than 6 months. You must have good moral character and be able to speak, read and write English.

Question: When does my time as a Permanent Resident begin?

Answer: Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card shows where you can find important information like the date your Permanent Residence began.

Question: If I have been convicted of a crime but my record has been expunged, do I need to write that on my application or tell an USCIS officer?

Answer: Yes. You should always be honest with USCIS about all arrests (even if you were not charged or convicted) and convictions (even if your record was cleared or expunged). Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident.

Thus, you might be a U.S. Citizen without knowing it if one of your parents or both are U.S. Citizens. Alternatively, if you have committed a crime, or ineligible for some reason to Naturalize, USCIS might put you into deportation if you wrongfully apply for Naturalization. Therefore, you should make certain you qualify before you apply.

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