How to apply for Citizenship in the US?
Initial eligibility: LPR Status Minimum time on LPR Status Residence in the United States Physical Presence in the United States Work with a competent Immigration Attorney to avoid pitfalls/issues
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Legal Permanent Residence
Basic eligibility starts with being a Legal Permanent Residence (LPR/green card holder). Generally speaking: there are three paths to a green card: Family based petitions; employment based petitions (Eb5, Eb2, Eb3, Eb1, etc) and humanitarian based: Asylum, T or US visas, etc. -
Minimum time on LPR Status requirement
there are minimum time frames that you must have held LPR status - prior to filing for naturalization. For individuals with some family based green cards, the time frame is 3 years from the day the LPR Status is granted.
For the majority of individuals on LPR Status, you must have 5 years from the day your LPR Status in granted. -
Continuous Residence in the United States
Generally speaking, you must have resided continuously in the United States after LPR Status for at least 5 years prior to filing the naturalization application and up to the time of naturalization. You must also establish that you have resided in one State for at least 3 months prior to filing your application.
Continuous Residence involves maintaining a permanent dwelling/residence in the U.S. over the period of time required by the statute (discussed above). Accordingly, the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence. -
Physical Presence in the United States
Physical Presence in the U.S. for naturalization is required for at least half the time for which your continuous residence is required. Employment based applicants for naturalization are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application.
Physical presence is the number of days you must be physically be present in the United States before filing for naturalization. Residence in the U.S. and physical presence are closely related requirements but each must be satisfied for naturalization.
USCIS will count the day that an you depart from the U. S. and the day you return as days of physical presence within the U.S. -
Work with a competent Immigration Attorney to avoid pitfalls/issues
Many individuals point to successful citizenship applications to demonstrate that an attorney is not required - and that can be true. There are several factors to keep in mind though. 1) competent immigration attorneys do this every day - they see issues pursue the best options for correcting them. 2) attorneys will spot issues that you may never find or will take you hours and hours of self education to spot; 3) streamlined efficient process; 4) an advocate that is on your side in what is traditionally a hostile environment.
Additional resources provided by the author
www.lukebowmanlaw.com
www.USCIS.gov