After a certain period of time after becoming a permanent resident of the United States, you can apply for U.S. citizenship (naturalization), which is done through Form N-400. Citizenship gives you benefits you can't get with a green card, such as the right to vote, eligibility for federal jobs, and priority for family visas.
Eligibility to apply for citizenship
- Length of residency: 5 years after obtaining permanent residency (3 years for citizen spouse)
- Physical presence: Stayed in the U.S. for at least 30 months of any 5-year period
- Continued residency: Staying abroad for more than 6 months may cause residency continuity issues
- Good moral character: Screening for criminal records, tax delinquencies, etc.
- English and civics tests: Reading, Writing, Speaking + 10 out of 100 questions on U.S. History-Government
Application process
- Receive N-400: Submit application, photo, and fee ($710) to USCIS
- Collect biometric information: Fingerprinting (mostly automatic reuse)
- Interviews: English test + civics test + application review at USCIS office
- Oaths: After approval, confirm citizenship with the Oath of Allegiance
Things to keep in mind for people of color
Loss of Korean citizenship
Under the Korean Nationality Act, if you voluntarily acquire a foreign nationality, you automatically lose your Korean citizenship. However, if you are 65 years old or older or meet certain conditions, you may be eligible for dual citizenship. We recommend that you seek counseling regarding your Korean citizenship before applying for citizenship.
Long-term stay in Korea issues
If you've been in the country for more than six months, such as to care for a parent or for business, you may have trouble with the “continuous residence” requirement. If you leave for a year or more, you may need an N-470 (Application for Preservation of Residence).
Tax reporting
When you apply for citizenship, we'll review your tax returns for the last five years (three years for spouses). Any unreported income or back taxes may affect the “good moral character” requirement.
Prepare for the civics test
There will be 10 questions out of 100, and you will pass if you answer at least 6 questions correctly. Official study materials are available for free on the USCIS website. If you are 50 years old or older and have been a permanent resident for at least 20 years, you can take the test in your native language.
Frequently asked questions
Q. Can I get citizenship if I don't speak English well?
Basic English skills are required, but not advanced English: reading, writing simple sentences, and understanding interview questions. You can also take the test in your own language if you fall under the 50/20 or 55/15 rule.
Q. Can I travel abroad while applying for citizenship?
While it is possible, we recommend avoiding extended stays abroad. You must be in the U.S. for your interview schedule, and it is safe to notify USCIS if you will be out of the country for more than 30 days.
Citizenship, the beginning of a new set of rights. To find out if you are eligible to apply for an N-400 or to prepare for an interview, schedule a consultation with our office.
Phone: (718) 353-2699 | Email: jd@choattorneys.com
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