Naturalization as a U.S. citizen
Foreign nationals may be eligible to naturalize as U.S. citizens after having been a U.S. permanent resident for a certain period of time.
Permanent residents who obtained their green card through marriage are eligible to naturalize as U.S. citizens after three (3) years. Those who obtained permanent residency through family, employment (EB-1, EB-2 or EB-3), or investment-based green cards (EB-5) are eligible to naturalize after five (5) years.
Continuous residence requirement
To qualify for naturalization, applicants must also satisfy a continuous residence requirement, meaning that they have to physically reside in the United States for a certain period before naturalizing.
For marriage-based permanent residents, the applicant must have been physically present in the United States for at least 18 months (or 1.5 years) in the 3 years immediately preceding the naturalization application.
For employment, investment or family-based permanent residency, the applicant must have been physically present in the United States for at least 30 months (or 2.5 years) in the 5 years immediately preceding the naturalization application.
Permanent residents should not leave the U.S. for a continuous period of more than one year (twelve months) at a time. This may break the continuous residence requirement unless it can be demonstrated that the resident continues to pay taxes, resides or otherwise maintain ties to the United States. Remaining outside the United States for more than a year may result in a determination that the permanent residency status was abandoned. If you anticipate remaining the United States for more than a year, you should apply for a re-entry permit prior to your departure.
Returning Resident Visas
If you have a green card but have resided outside of the United States for more than a year, or beyond the expiration date of a re-entry Permit, you may have lost permanent residency. In such situations, your only recourse would be to apply for a returning resident visa and providing evidence that your stay outside the United States was due to circumstances beyond your control.
Expatriating as a U.S. citizen
There has been a growing trend for U.S. citizens to renounce their citizenship – most often for tax purposes. Expatriating – or giving up your U.S. citizenship – is a permanent decision that must be taken seriously. Once you renounce your citizenship, it is just about impossible to get it back. Maximilian Law Inc. has experience in counseling U.S. citizens who wish to expatriate. Learn more about renouncing U.S. citizenship.
Maximilian Law Inc.’s Naturalization Legal Services
Our naturalization legal services include: thoroughly assessing the applicant’s eligibility to naturalize as a U.S. citizen; preparing the application and supporting documents; and preparing the applicant for the USCIS interview.
Nuestros servicios legales de naturalización incluyen: evaluar detalladamente la elegibilidad del solicitante para la naturalización; preparar la aplicación y los documentos suplementarios para la naturalización; y preparar al solicitante para su entrevista con un representante del USCIS.
Maximilian Law Inc.’s Renunciation & Expatriation Legal Services
Our U.S. renunciation and expatriation legal services include: advising the clients on the ramifications of renouncing U.S. citizenship; preparing and submitting the necessary Department of State application forms; arranging the renunciation interview at a U.S. consulate abroad; and preparing the applicant for the interview.
Nuestros servicios legales de renunciación y expatriación incluyen: aconsejar a nuestros clientes sobre las ramificaciones/consecuencias de renunciar a su ciudadania; preparar y someter las aplicaciones y documentos suplementarios al Departamento de Estado; coordinar la entrevista de renunciación en el consulado estadounidense en el extranjero; y prepara al solicitante para su entrevista en el consulado.
Email us if you are interested in naturalizing as a U.S. citizen.