Daniel A Zeft
Immigration AttorneyYou should hire an experienced immigration attorney to handle your naturalization case.
I got permanent residency several years ago through the EB-5 program. I will reach my fifth anniversary of permanent residency in 2020. How should I start my naturalization application?
You should hire an experienced immigration attorney to handle your naturalization case.
Typically, the naturalization application can be filed at least 90 days before the five-year anniversary.
You should start preparing your application for naturalization and make sure you meet all the requirements (i.e., requisite lawful permanent resident period, good moral character, etc.) for the filing.
Make sure you have no problems, such as failing to register for the military (if between 16 to 26), no arrests, or extended absences or other problems. If you have problems, you can be denied and removed.
You should start the process of filing your application to become a naturalized citizen of the U.S., at least six months before your fifth-year anniversary, given the fact that it often takes time to gather all the requirements and to complete a thorough naturalization application on Form N-400. You may also file your application as a matter of policy, 90 days before your fifth-year anniversary.
Retain an immigration attorney to help you prepare for the application and interview process. To prepare for that, check to see if you have been inside the U.S. more than you have been outside over the last five years, and gather any criminal history you may have (hopefully, you have not had any legal troubles).
As long as you can show that you were physically present in the U.S. for 30 months within the five-year period before applying and have been a permanent resident "continuously residing" for five years, you can apply for U.S. citizenship 90 days before the five-year mark by filing Form N-400. Although the process is quite intuitive, it is highly recommended that you hire an attorney to do the filing for you.
The naturalization application (Form N-400) can be filed online. You can file three months prior to your fifth anniversary of becoming a U.S. lawful permanent resident. You must also meet the continuous residency and physical presence requirements, pass a test of U.S. history and civics, as well as be a person of good moral character who is attached to (agrees with) the principles of the U.S. Constitution and willing to take the oath of allegiance to the United States. There are other requirements and you should consult with an immigration attorney first to make sure you are eligible.
Prepare and file Form N-400. You may want to have the assistance of a lawyer, as the process and form is not particularly intuitive. This is especially so if there are any tax, immigration, public charge or criminal issues.
You may apply for naturalization within the 90-day window before you reach the five-year mark from the date your initial green card was issued. You will need to prepare and file the N-400 application for naturalization, assuming you otherwise qualify for naturalization. It is highly recommended that you hire an immigration attorney to prepare and file your N-400 application.
You can file the naturalization application three months before the five-year anniversary date. We will be glad to help you with this.
You will need to wait until three months before your fifth anniversary, count from the date the green card was issued.