Green Card vs. U.S. Citizenship: Reasons to Naturalize

Introduction to Naturalization

Some lawful permanent residents (LPRs) choose to remain LPRs forever, but others find the benefits of U.S. citizenship appealing and choose to naturalize when eligible.  U.S. Citizenship and Immigration Services (USCIS) defines naturalization as the process by which U.S. citizenship is granted to an LPR after meeting the requirements established by Congress and the law.  The two most common motivations for LPRs to naturalize are:  (1) as a U.S. citizen, you cannot be deported or removed: and (2) you are entitled to a U.S. passport that enables you to enter many countries without a visa.  As a U.S. citizen, you are not subject to U.S. travel bans, cannot be denied entry in the U.S., and cannot be removed or deported.  Becoming a U.S. citizen offers many immigrants security and stability, as they need not worry about their immigration status anymore.

Eligibility Requirements

The first thing to know about naturalization is whether you are eligible. For adults, your eligibility to naturalize depends on whether you have been an LPR for at least five years (only three years in some cases). USCIS offers a handy flow chart for individuals to determine if they are eligible to naturalize.  A key eligibility factor to keep in mind is the interplay between the dual requirements of “physical presence” and “continuous residence.”  To be eligible, you must demonstrate that you have continuously resided in the U.S. for at least 30 months out of the last 5 years (or 18 months out of the last 3 years if applying based on marriage to a U.S. citizen), and maintained continuous residence during that period.

If you take a trip to another country and your time outside of the U.S. lasts longer than 180 days, USCIS may determine that you have not continuously resided in the U.S. and are ineligible for naturalization.  In addition, frequent short trips abroad may raise concerns about whether you’ve maintained continuous residence. Naturalization applicants must bear in mind that USCIS will literally count the days to determine eligibility for naturalization, using the day an applicant departs and returns as days of physical presence.  It is the naturalization applicant’s burden to provide proof of their physical and continuous presence, e.g., through passport stamps.

The Naturalization Process and Quick Facts

In general, if you are eligible to naturalize, the steps to becoming a U.S. citizen are as follows:

1. File a Form N-400 Application for Naturalization;
2. Interview with a USCIS officer;
3. Pass the English speaking, reading, and writing test;
4. Pass a basic U.S. civics test; and
5. Take the Oath of Allegiance at a naturalization ceremony.

Exemptions from the English and civics tests, along with more details about each step are provided on USCIS’s website.

Quick Facts:

• The U.S. allows dual citizenship and will not confiscate passports other countries have issued you, although the naturalization oath does require you to renounce your allegiance and fidelity to any foreign country.
• You can be denaturalized, but this only happens in extreme cases, e.g. being an undisclosed Nazi persecutor.
• Children under the age of 18 whose parents naturalize acquire their own U.S. citizenship without having to naturalize.
• Although you cannot be denied entry in the U.S., nor can you be deported, U.S. citizens are still accountable to the law and face civil and criminal consequences for breaking it.

Do I Need A Declaration of Intention to Naturalize?

The Declaration of Intention to Naturalize is an outdated application stemming from the birth of the U.S. as a nation.  It is not required for naturalization.  However, there still exist occasional circumstances in which LPRs might file a Form N-300 Application to File Declaration of Intention.  These include for purposes of employment as defense contractors, in civil service government jobs, or for certain professional state licenses.

Key Benefits of Becoming a U.S. Citizen

There are a host of affirmative benefits that citizenship brings, some of which are explained below.  In addition to these affirmative benefits, many rules and responsibilities that LPRs must navigate fall away when they become citizens, which is another type of benefit to citizenship.  Imagine not having to worry about the immigration consequences of a last-minute trip abroad, especially one that lasts much longer than you intended.  Imagine not having to worry that your green card is expiring at a very inconvenient time in your life.  Imagine the benefits described below, combined with the feeling of a lightened mental load in not needing to constantly monitor yourself to remain compliant with U.S. immigration laws.

Ability to Sponsor More Family Members:  The naturalized U.S. citizen’s parents and spouse are considered “immediate relatives” and do not have to wait for a priority date to become current before they can apply for their visa.  While these family members must still establish their eligibility for an immigrant visa, just as any other applicant would, they do not have to face any wait times or limitations in when they can apply for it.  As stated earlier, children under 18 may automatically acquire citizenship when a parent naturalizes, as long as they are lawful permanent residents and live in the U.S. in the legal and physical custody of the naturalizing parent. Citizens can also petition to immigrate other relatives, such as siblings and adult/married sons and daughters.

Long-Term Cost Savings:  U.S. citizens become eligible for educational financial aid grants, such as college scholarships and other government funds given for specific purposes.  Citizens do not have to renew their green cards, pay for reentry permits or waivers, do not face legal fees to defend their immigration status, and may avoid many family separation costs. Citizens may also make use of public benefits and housing programs without jeopardizing immigration status.

More Secure Immigration Status:  As explained earlier, U.S. citizens cannot be denied entry into the U.S., nor can they be deported. After naturalizing, some individuals may choose to live permanently abroad. Even in such cases, their U.S. citizenship generally remains valid unless it was obtained by fraud or voluntarily renounced.  Moreover, your U.S. citizenship entitles you to a U.S. passport, which allows you to travel to many other countries visa free.

Eligible to Apply for Federal Jobs:  LPRs are often ineligible to apply to federal and state government jobs.  As a naturalized citizen, however, you can apply to these positions, which opens up a new range of employment opportunities for you.

The Right to Vote:  Citizens can vote in federal and state elections, which allows them to add their voices to influence election results, politics, and the general direction of the state and country.

Eligible to Become an Elected Official:  Not only can citizens influence the U.S. through voting, but once naturalized, citizens may run in elections and become elected officials.  However, to be president of the United States, you must be born in the U.S. (not naturalized).

Conclusion

Immigrants often hear about all the benefits of becoming a U.S. citizen, such as the ones described above.  Certainly, the physical and emotional stability and safety that citizenship offers is priceless.  However, there is no requirement to naturalize, and many LPRs continue to renew their green cards instead of becoming citizens, especially those who own property or run businesses abroad.

Naturalization is a serious decision that should be carefully considered.  A major issue that deters some LPRs from naturalization is the U.S. taxation system.  It does not matter where you live and work in the world, U.S. citizens must pay U.S. taxes. Tax implications are important to consider, and it would be beneficial to consult with an experienced tax professional.

Other major responsibilities of citizens include serving on juries and defending the country when called upon.  If you are considering naturalization and would like help with the decision or the process, consider hiring an experienced immigration attorney.