Should You Apply for U.S. Citizenship Right Now?

In Episode 13 of the ImmiGreat Podcast, Richard Wilner addresses one of the most common questions he receives right now: Is this the right time to apply for U.S. citizenship? 

As a Founding Shareholder of Wilner & O'Reilly and a Board-Certified Specialist in Immigration and Nationality Law, Richard's answer is clear — if you're eligible, the answer is an absolute yes.

In this episode, Richard walks through everything you need to know about the naturalization process, including:
• Who qualifies for naturalization and when you can apply
• The 5-year and 3-year paths to citizenship (including the 90-day early filing rule)
• Physical presence requirements and what "continuous residence" actually means
• Good moral character, English, and civics exam requirements
• Step-by-step breakdown of the N-400 application process
• What happens at your USCIS interview — and how to prepare
• The Oath of Allegiance ceremony and what it means to walk out a U.S. citizen

If you've built your life in the United States, met every requirement this country has asked of you, and earned the right to apply... don't let fear or uncertainty hold you back. Citizenship is the most powerful legal protection available to you as a permanent resident, and this episode explains exactly how to get there.

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For more insights, visit our Immigration Blog: https://www.wilneroreilly.com/blog

The ImmiGreat Podcast, hosted by Richard Wilner, provides practical, real-world insight into complex immigration topics affecting individuals, families, and employers. Each episode is designed to help listeners better understand their options and next steps.

Transcript

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One of the questions I get asked more than any other right now is is now the right time in light of everything that's going on to apply for U.S. citizenship? My answer is always the same. If you're eligible for it, it's a yes. Not just yes, it's an absolute yes. In fact, I would argue that in today's climate, now's the best time to apply for citizenship. Sooner rather than later. Today we're going to walk through what it means to be eligible, what the process actually looks like, and why becoming a U.S. citizen is one of the most powerful legal steps you can take to protect your future in this country. Let me address the hesitation head on, because I hear it often. People are nervous, they feel like now is a bad time to put themselves on the government's radar, and naturally they worry that something will go wrong in the process. Here's the reality. As a lawful permanent resident of the United States, or green card holder as most referred to it, you're already in the system. The immigration service already knows who you are. You already have obligations to this country, and this country has obligations to you. Delaying your naturalization does not reduce your exposure to government scrutiny. What it does do is delay the most significant legal protection available to you, U.S. citizenship. A citizen can't be deported. A citizen, like many others, has full protection of the United States Constitution. A citizen can vote. Waiting doesn't protect you. American citizenship does. So who qualifies? Let's walk through the general rules. The most common path to naturalization is through five years of lawful permanent residence. Once you've been a lawful permanent resident for five years, you're eligible. More specifically, you can apply for naturalization at the four-year and nine-month mark. If you've had your green card for that amount of time and you've been physically present in the United States for a total of two and a half years, not all in a row, but cumulatively, meaning you can travel in between, spend considerable amounts of times overseas. But if you meet the physical presence requirement, you've had your green card for the requisite period of time, and you're a person of good moral character, meaning that you haven't been convicted of certain disqualifying criminal activities, and you've paid your taxes, you can apply for citizenship. There's an important exception for those who obtain permanent residency through marriage to a U.S. citizen. Unlike others who have to wait five years, if you're married to a U.S. citizen, you can apply at the three-year mark. Just like the 90-day exception for the five-year rule, there's also a 90-day exception or a 90-day break for persons who obtain their green cards through marriage to a United States citizen, and they can apply at two years and nine months. Beyond the statutory requirements, there's a few things worth noting. One, you have to be 18 years old to apply. Two, as mentioned before, you have to be a person of good moral character. And three, you have to demonstrate the ability to read, write, and understand simple English. There's exceptions to the English-speaking rule for persons of certain age that have had their green cards for a long time. For those people, they could take the necessary exam in their native language. And there is an exam. You must demonstrate a basic knowledge of U.S. history and civics, which is tested through what's called the civics exam, and that's done in person. One more thing. You have to establish that you've been living in the district that you're going to be filing in for at least 90 days. That's what establishes venue in the jurisdiction of the immigration service. For example, if you just moved to Orange County, can't file yet, you need to wait 90 days. Once you determine that you're eligible, you file the N400 in most cases. The N600, which will be the subject of a separate episode, pertains to children who've derived citizenship through their parents obtaining citizenship, or perhaps children born overseas to U.S. citizen parents. It's not what we're talking about today. Ultimately, once you file the N400, which consists largely of biographical information, names, dates of birth, employment history, and a whole host of questions. Once you file that, the first thing that's going to happen is we're going to get a receipt. Second thing that happens is you'll be told to go get your fingerprints done. Fingerprints are to make sure that you have not been convicted of a disqualifying criminal activity anywhere in the world and that there's no outstanding warrants for your arrest. The third thing that will happen is you will be interviewed. The interview will take place at the immigration service that has jurisdiction over your place of residence, and depending upon where that is, determines how long it will take to actually get that interview. On average, it takes about eight months. At the interview, which we routinely prepare people for and attend with, a couple things happen. Number one, the application will be reviewed. But before that application is actually reviewed, the immigration officer will make sure that you can read, write English, and that you can understand it. So they're going to show you an iPad. On that iPad, there's going to be a question. Question will be in English, and then the officer will ask you to read that question out loud. The officer will then tell you an answer to write on the iPad to test your English writing skills. Oftentimes, people have a harder time writing on the iPad than they do answering the question itself. Then the officer will perform the necessary civics exam. Once you've passed the civics exam, the officer will review the application to make sure that all the information on there remains correct. Typically, if someone's traveled during the application process, which is permissible, the officer will then update the application to reflect those additional travel dates. If you pass your English and civics test and the officer is satisfied with your application, you will typically receive a recommendation for approval. It's not going to be approved on the spot. That's not how it normally works. The officer may or may not give you some indication that he or she intends to recommend it for approval, but then it will go through the supervised review process and ultimately you will be notified of an oath ceremony. The oath of allegiance to the United States is the final step in the naturalization process. Oath ceremonies can be administered by USCIS at a scheduled ceremony, or they could be off-site and it's a judicial ceremony. If it's a judicial ceremony, you're allowed to change your name, and that name change constitutes a legal name change and will be reflected with an addendum to your naturalization certificate. Whether it's a USCIS ceremony or a judicial ceremony, you will walk out of that ceremony with your certificate of naturalization, also known as a naturalization certificate. And once you have that, you're eligible to apply for a U.S. passport. So let me bring this home. If you've earned the right to apply for U.S. citizenship through years of lawful permanent residence in the United States, building a life here through meeting every requirement that this country asks of you, then apply. Don't let the fear or uncertainty or clickbait nonsense prevent you from doing something that you've earned the right to do. The process itself is manageable. The interview is survivable, and the oath ceremony, by every account, is one of the most meaningful moments in a person's life. Whether it's us or someone else, talk to an immigration lawyer, get your documents in order, and take that next step. Citizenship is the destination this entire journey has been pointing towards. Thanks for listening. If this episode was helpful, share it with someone who's been on the fence. It might be exactly what they've needed to hear. And if you want to hear it from us, please don't hesitate to contact us at wilnerorilly.com.