Despite the seemingly straightforward steps listed on the U.S. Citizenship and Immigration Services (USCIS) website, acquiring U.S. citizenship is not a simple undertaking. For example the second step – “determine if you are eligible” – is deceptively complicated. While at first it appears to be a simple “yes” or “no” answer, within that question is an eligibility worksheet that lists 15 mandatory factors.
Residency Requirements
Generally, applicants seeking citizenship must have been a permanent resident for at least five years. This means that the applicant both (1) possesses a permanent residency card (green card) and (2) has lived in the U.S. for five years. Residency can be established in a variety of ways including mortgages, rental agreements, utility bills and other documents that substantiate residency.
The USCIS also examines how often applicants leave the country during their residency period. Applicants cannot live or travel outside of the United States for a cumulative total of 30 months or more. However, exceptions might apply if trips outside the U.S. are unavoidable, for example extended family visits for medical reasons. Additionally, within those 30 months no single trip can last longer than a year unless a specific exception in the law applies.
Tax Requirements
An additional requirement not included in the eligibility worksheet is being current on all U.S. tax obligations. all applicants must file tax returns and either (1) pay any overdue tax debts or (2) be in good standing in a repayment program.
The above are only a few of the many issues to look at when determining eligibility for citizenship. For more information about citizenship, check out our website here.
If you believe that you meet all the requirements for citizenship, that is not the end of the process. The USCIS can and does request supporting documentation to substantiate each eligibility factor. Tracking eligibility and maintaining documentation is critical for a smooth approval process. The immigration approval process is complicated and full of pitfalls. For example, if an LPR (lawful permanent resident) overstayed their visa, is ineligible for continued residence, or deemed removable from the United States for any one of myriad reasons, filing a citizenship petition can result in the USCIC placing the applicant into removal proceedings.
Seeking legal advice early in the process is one of the best ways to avoid problems, delays or denials of citizenship applications. For expert assistance with citizenship and other legal immigration needs, contact the immigration attorneys at Brownstein & Nguyen today.
