Become A Citizen
A Guide To Naturalization in America

By Aaron Rutkoff

So you want to become an American citizen? Congratulations, you’re about to embark on a dizzying, multi-year journey replete with heavy-duty bureaucratic entanglements, long periods of waiting, invasive personal evaluation by a string of government officials and a good deal of uncertainty.

Queensborough Community College’s Center for Immigration is a major part of CUNY’s Citizenship and immigration project. Tribune Photo by Aaron Cohen

But guess what? Successful completion of this process brings you full-fledged ownership of the oldest and most robust democratic society in the world. You will not only live and raise your children as voting members of the greatest civil society on the planet, but also achieve the dream that has led waves of refugees and émigrés to these shores for hundreds of years.

And the process, while long and seemingly incomprehensible at times, is not something any individual needs to tackle alone. Expert advisors are available to help you make sense of the citizenship and naturalization process, smooth out any potential obstacles and guarantee that your rights are respected.

While in theory anyone anywhere on this earth is eligible to become a naturalized citizen, in actual practice the requirements of the process effectively limit the number of people who can even take the first steps. But once inside the naturalization system, it is easy to succeed—so long as you know what is expected.

This section of the Immigrant’s Guide will outline the basic steps and requirements of the naturalization process, but nothing can substitute for the one-on-one support of non-governmental immigration and citizenship counselors.

Director Tunde Kashimawo and lawyer Roddy Bolands, two immigrants who are helping other immigrants become citizens.

Owing perhaps to its standing as the borough of immigrants, Queens is home to a vast array of community-based organizations that offer assistance and advice to those dealing with the citizenship process and questions about their immigration status. Please see page 56 of this guide for a comprehensive listing of these groups.

To better understand the naturalization process, we consulted one of the most prominent immigration assistance centers in the borough: the Center For Immigration at Queensborough Community College in Bayside, a major part of the City University of New York’s Citizenship and Immigration Project.

Initiated by Queensborough President Eduardo Marti, a Cuban immigrant, the Center For Immigration is led by Director Tunde Kashimawo, a citizen originally from Nigeria, and staffed by lawyer Roddy Bolands, a citizen from Peru.

"The immigration center is open to the students, their family members and also the community," Kashimawo explained. "Any immigration issues that they have, we help them and assist them—and it’s all free, there is no charge."

Just as the green light on a traffic signal allows motorists to move forward, a green card enables immigrants to contemplate the first steps in the naturalization process. Without a green card, which is a permanent residency visa for its holder, an immigrant cannot move forward toward citizenship.

There are two major routes to a green card, in most situations: either an employer or immediate relative of a would-be immigrant must file a petition with U.S. Citizenship and Immigration Services (USCIS). The petition, once approved, establishes permanent residency. Sometimes, however, several years can pass between the time that a petition is approved and when a green card is officially available due to the yearly limits on visas imposed by U.S. law.

Different priority is granted to different types of people in the process, and all petitions are subject to review and rejection by immigration officials. For instance, foreign-born adult children of U.S. citizens get first preference in the process, followed by the spouses and children of those who have already obtained a green card. Only a parent, spouse, sibling or child can sponsor an immigrant seeking a green card.

Similarly, if an employer sponsors an applicant for a green card, first priority is given to foreign workers with exceptional skills, such as professors and researchers, followed by émigrés with professional degrees and so on. Bolanos, the immigration lawyers, explained, "It requires you to maintain work with that employer here, and it is a long period of time."

Obtaining a green card through either of these routes, in the best of situations, can take years, even after a petition is approved. "It is really a long, complicated process," says Bolanos.

There is a third way, however, to obtain a green card: through marriage to an established U.S. citizen. There are many different types of temporary visas that allow extended stays by foreign nationals it the U.S., and it is not uncommon for visitors to meet someone and get married while here. This third path to a green card has the advantage of a significantly expedited time frame for citizenship qualification, but there is also a more thorough official review process.

"The simplest, easiest way would be marriage to a US citizen," said Balonos. "It has to be good-faith marriage and it has to be certified by immigration officials."

With permanent residency established with a green card, progress toward citizenship can officially begin once the immigrant relocates to the U.S.

With green card in hand and permanent residency established, the next major hurdle on the road to citizenship is simply a matter of time. In order to proceed, an immigrant must live in the U.S. for a minimum of five years.

After a suitable span of continuous residency has been established, an applicant begins the naturalization process by filing an N-400 form, which is available at www.uscis.gov. There is a $310 filing fee, and proof of legal residency status—that you immigrated in accordance with federal law—is required.

There is an exception to the five-year rule. Those immigrants who have married a U.S. citizen need only reside in the country for three years before moving into the naturalization process. During that time, however, cohabitation and other indicators of marital commitment (i.e. shared bank accounts, joint tax return) must be demonstrated to immigration officials.

Continuous residence does not mean that an immigrant must remain in the U.S. without ever leaving. During that time, which is often referred to as the statutory period, extensive foreign travel is allowed without breaking the continuity of residence. But to qualify for naturalization, an immigrant must be able to prove that the U.S. remained his or her principal nation of residence during this five-year period.

This must be demonstrated by maintaining a physical presence in the U.S. for half of the required five-year—or three-year, if by marriage—statutory period. "If you have been outside of the country for more than six months in one of those years, it would start the count over again. You would have to start another five years," said Balanos.

The physical presence requirement is given particular scrutiny by USCIS officials, especially for immigrants who come from countries near the U.S.

Naturalization law allows exceptions for some sorts of religious workers, people serving in the military and people working for the U.S. government overseas.

To become a naturalized citizen, an immigrant must demonstrate a basic knowledge of U.S. history and government, and must be able to express that familiarity in English.

Ironically, many of the people born into U.S. citizenship might have trouble with some of the questions on the civics exam. Nevertheless, it only takes a general knowledge of the major figures in American history and the basic principles of constitutional law to pass the civic exam.

"In the library they have certain workshop videos just to get a rundown on what the officer will ask," said Balanos. "That’s what we advise people—go to your local library and take out the video. It takes away the fear of the situation."

English-language proficiency can be far more difficult for many immigrants. The naturalization process requires that every applicant demonstrate the ability to speak, read and write in English. Interviews with USCIS officials must be conducted in English for the most part; if a question arises that needs to be discussed in minute detail, applicants have a right to conduct that discussion in their native language. The civics test is administered in English and requires written responses.

An exception to the English-language requirement can be made for immigrants over the age of 50 who had had a green card for 15 or 20 years. These older applicants must still pass a civics exam, but USCIS will make the test available in the applicant’s native language.

The process described above typically takes about ten to twelve months from beginning to end, according to Balanos, and there is a lot of waiting during the application process.

It takes about 45 days from the time you submit your application to the time a receipt is issued. "The good thing about it is that it has a record number, so if you want to know how your application is going you can refer to that," said Balanos.

Next, a period of six to ten month will pass before the applicant is summoned for fingerprinting at a federal building in Manhattan. The final steps—the interview and examination—come a few months later, depending on the backlog in the system.

The good news, however, is that notification follows promptly after the interview with USCIS. If you pass, then you will be assigned to an upcoming swearing in ceremony at a nearby location.