Over the past couple years, more and more lawful permanent residents are
deciding to gain
naturalization here in the United States. Despite this encouraging rise, the process
of naturalization hasn’t gotten any easier. In fact, understanding
the requirements and procedure is a common complaint amongst immigrants
and residents.
In order to help clear up some of the confusion, the United States Citizenship
and Immigration Services (USCIS) agency has taken steps to update its
policy on naturalization. In particular, it has sharpened the definition
of who is and who isn’t a lawful permanent resident (LPR).
The newly updated naturalization eligibility requirements state:
- - Applicants must be 18+ years old.
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- Applicant must be able to prove their lawful admittance into the US.
- + Failure to provide proof of lawful admittance invalidates a resident’s
eligibility for naturalization.
- + Fixed marriages used to obtain green cards are not considered valid means
of lawful admittance.
- - Applicant has received USCIS approval for status application adjustment;
or applicant was an LPR at the time they entered the country due to American
Embassy procedures.
-
- LPR status is not granted until the immigration case is approved and closed.
- + There is no time limit on USCIS case approval; applicants may be through
the system within a matter of weeks, or a matter of years.
- - Conditional permanent residents (CPR) may gain naturalization three years
from status approval and after CPR status is removed.
- - Criminal record and activity can remove eligibility and also lead to
deportation or criminal processing.
All previous naturalization eligibility requirements still stand. This
includes living in the country as an LPR for 5 or more years, spending
at least 30 months physically within the country’s borders during
that 5 year period, taking an Oath of Allegiance, and so on.
If you have any questions regarding the naturalization process or any other
aspect of
US immigration law, you are highly encouraged to
contact USILaw today. You can also fill out an
online case evaluation form and we will get back to you as soon as we can.