+ Naturalization

A permanent resident (technically called a “Lawful Permanent Resident” or LPR), who has maintained continuous residence in the U.S. for at least five (5) years, or three (3) years if they are married to and residing with a U.S. citizen, has been physically present in the U.S. for at least half of those stated timeframes, and has maintained good moral character, may apply to become a U.S. citizen via a process called “naturalization.”

Fingerprint-based background checks and an interview by a USCIS officer are mandatory parts of the naturalization process. Generally, all applicants must also show that they can pass an English and U.S. civics and history test, and show that they understand and able to take the Oath of Allegiance. These requirements however, can be subject to modification or waiver, based on the applicant’s circumstances such as age, physical or mental condition, or religious beliefs, upon request made with the USCIS.

Once the application is approved, USCIS will schedule an Oath Ceremony for the applicant to attend, together with any guests they may desire to bring with them on this important occasion. At the ceremony, the applicant will be given their Naturalization Certificate that serves as official proof of U.S. citizenship.

Being a U.S. citizen is considered by many as the “final step” in an immigrant’s journey to America. It allows the new citizen to vote for their new leaders, or to become a leader themselves by running for public office. The new citizen is also no longer subject to removal or deportation proceedings and may apply for a U.S. passport.

+ Certificate of Citizenship

Individuals with one or more U.S. citizen parents may have acquired U.S. citizenship at birth, or derived U.S. citizenship from their parent or parents’ naturalization. These individuals are not allowed to apply for naturalization in their own right, but must instead apply for a Certificate of Naturalization where the government recognizes their status as a U.S. citizen either by birth or by a parent’s naturalization.

Unlike the naturalization process, this application does not involve a full-blown interview, Civics and English test, and the Oath of Allegiance. Citizenship is conferred not by an active decision by the applicant but rather through a biological parent-child relationship to a U.S. citizen.

Once issued, a Certificate of Citizenship can be used in the same manner as a Naturalization Certificate, to prove that the individual is a U.S. citizen. It may be used as a supporting document to apply for a U.S. passport, among other purposes.

+ Re-entry Permits for Permanent Residents

A Travel Document, also known as a “Re-entry Permit” or REP, allows a permanent resident to enter the U.S. after a continuous absence of one (1) year or more abroad, up to a maximum of two (2) years.

Under normal circumstances, a permanent resident who is absent from the U.S. under such conditions shall be presumed to have abandoned their residence in the U.S. Entering using a REP removes the legal presumption on abandonment caused by the mere length of absence. en in two (2)-year increments, up to a maximum of seven (7) years in L-1A status.

Finally, unlike the other nonimmigrant visas, the L-1A allows the prospective employee to maintain an intent to eventually immigrate to the U.S.

+ Renewal or Replacement of Permanent Resident Cards

In the event that a permanent resident’s Permanent Resident Card, or commonly called the “green card,” is either lost, destroyed, mutilated, expired, or expiring in the next six (6) months, they may apply to replace or renew it with USCIS.

Other circumstances also justify the replacement of a green card. If the applicant is requesting to replace a card because of USCIS error, then USCIS will not charge a filing fee for the application.

The expiry date printed on a green card is not a date on which one’s status as a permanent resident terminates. This date is merely the date on which the card’s validity for use in travel, employment authorization, and other legal purposes expires. An individual’s status as a permanent resident does not terminate on a certain date, and it is indefinite for as long as the individual maintains their permanent residence in the U.S.

+ Returning Resident Visas

The SB-1 or Returning Resident visa is available to permanent residents who are returning to the U.S. after a temporary trip abroad of one (1) continuous year or more.

This visa may only be applied for at a U.S. Embassy or Consulate. The application must be accompanied with documentary evidence that the applicant did not abandon their residence in the U.S.