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Citizenship and Naturalization Matters

How to maintain a Lawful Permanent Resident (LPR) Status
Eligibility or Criteria for Naturalization
Eligibility for USA Citizenship

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Time as a permanent resident begins on the date listed on the green card. From this date a person is considered to be a lawful permanent resident of the USA. He enjoys many privileges, but at the same time he has to avoid common mistakes and misconceptions about his new LPR status.

Every permanent resident is expected to reside in the USA, file taxes as a resident every year, do not spend more time abroad than in the USA, maintain residence in the USA and never spend more than a year abroad (unless you secured a re-entry permit in advance).

When planning extended vacation or trip abroad, it is advisable to apply for a re-entry document prior to leaving the USA. Occasionally, a LPR who spends long time abroad can be denied admission to the USA, and his green card can be taken away or revoked if it is considered that he "abandoned his lawful permanent resident status".

One of common misconceptions is that it is enough to come to the US at least once a year for a few days to preserve LPR status. Many other factors shall be taken into consideration, such as: filing taxes every year (even if there is no tax obligation under US and international laws); maintaining an active bank account and credit cards in the USA; keeping an apartment or owing a house in the USA; making monthly utility payments; not accepting permanent employment abroad; maintaining a US driver license; etc.

If LPR's long absence from the USA is due to an employment or family situation, it has to be properly documented and supported by sufficient evidence. A LPR returning to the USA after a very long trip abroad can be questioned at the port of entry; therefore, a LPR shall carry copies of all relevant documents, for example: tax returns; deeds or other documents of property ownership; bank statements; letter from employer; letter from a doctor; etc.

Finally, a lawful permanent resident shall keep in mind that absences of 6 month or more (but less than a year) can sometimes trigger inadmissibility to the USA. Upon return to the USA, a LPR would be applying for admission and can be questioned in order to determine his admissibility to the USA.

More detailed information can be found at the USCIS website at Green Card (LPR)

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A person can apply for US citizenship by filing a Naturalization petition, Form N-400, with the US Citizenship and Immigration Services. Individual applying for naturalization must meet all eligibility requirements:

• Must be a lawful permanent resident (LPR);
• Must be at least 18 years of age. Children under 18 whose parents naturalized automatically obtain US citizenship as long as they meet the requisite residency requirements;
• Must be a resident for at least 5 years continuously subsequent to becoming a LPR (or 3 years, if married to a US citizen);
• Must have resided within the same State and CIS District for at least 3 months prior to filing a naturalization petition;
• Must be physically present in the USA for at least half of the 5 years period (or half of the 3 years period if applying as a spouse of a US citizen). There are certain exceptions to physical presence in the USA, for example: military service abroad; employment by the US Government abroad; employment by US-owned firm engaged in the development of foreign trade and commerce for the USA; employment by US research organization abroad; work for religious organization as a minister; etc;
• Must not have broken the continuity of residency in the USA (has never spent more than 12 months abroad). Please keep in mind that even absence of more than 6 months but less than 12 months can establish a presumption of non-compliance with continuity of residence requirement, but this presumption can be rebutted (see information above).
• Must have resided continuously in the USA after filing of naturalization application up to the time of admission to USA citizenship. Until the US citizenship is granted, the applicant must continue to reside permanently in the USA, he can travel internationally, but shall comply with the continuity of residency requirement and does not spend more than 6 months abroad.
• Must be a person of good moral character for the requisite 5 years (or 3 years for a spouse of a US citizen);
• Must pass Civics and English language examination (must have a basic knowledge of the fundamentals of American history and government, and be able to read, speak and write English at elementary level). If applicant fails the English or Civics test, he can retake it again within 90 days. There are some exceptions for people over 50 or 55 years of age, or people physically or developmentally disabled, etc.

There is a detailed Guide to Naturalization which can be located at the USCIS website at A Guide To Naturalization

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Under the USA Constitution, all people born or naturalized in the USA are citizens of the USA. A person is considered a US citizen by birth, if born in the USA or certain incorporated territories, or born abroad to US citizen(s) parents.

These are few examples of deriving or acquiring USA citizenship:

• A child born in the USA (with a few exceptions);
• A child found in the USA while less than 5 years of age is considered to be a USA citizen by birth (unless shown prior to age of 21 that he was not born in the USA);
• A child born abroad to USA citizens parents may become a USA citizen by deriving citizenship from his parents and obtaining a Certificate of Birth Abroad in the nearest US Embassy abroad;
• A child can become a USA citizen by virtue of his parents' naturalization;
• A child who did not acquire US citizenship at birth abroad or through naturalization of his parents may still obtain a US citizenship upon the application of his USA citizen parent for a Certificate of Citizenship, if all conditions are met:
  • one parent is a USA citizen;
  • a child is under 18 years of age;
  • a child resides abroad in legal and physical custody of the USA citizen parent;
  • a USA citizen parent has been in the USA at least 5 years, 2 of which were after parent's 14-th birthday;
  • a child is in the USA, where he was lawfully admitted;
  • a child must be under 18 at the time when Certificate of Citizenship is issued.
• Adopted child can be eligible for US citizenship if he was adopted while under 16.

More detailed information can be found at the USCIS website at Citizenship

The information provided on this website is for general informational purposes only, and is not a legal advice. This information is provided for general public, and is from general sources.

We can provide legal assistance in the process of Naturalization or applying for US citizenship, and can advise you on all matters of maintaining and preserving of your lawful permanent resident status. Please call or email us if you want to schedule a consultation.