Naturalization – Naturalization is the process through which a permanent resident becomes a U.S. citizen. In most cases, an individual must be a permanent resident for five years before being eligible to apply for naturalization. However, there are exceptions to this rule. For example, an individual who is married to a U.S. citizen can apply for naturalization after three years of permanent residency.

In order to qualify for naturalization, an applicant must show they have been a person of good moral character during the five years immediately before applying (or three years if married to a U.S. citizen). If you have been arrested, failed to file or pay taxes, or failed to pay court-ordered child support during the five-year period you will likely have difficulty establishing the required good moral character. In such cases, it is important to discuss your case with a qualified immigration attorney before applying.

Finally, an applicant for naturalization must show they have the ability to read, write and understand English and be able to pass a test on the fundamental history and government of the United States.

In many cases if a person has been in the U.S. unlawfully and then leaves the U.S., he or she will not be allowed to return for a period of either three or ten years. This is often referred to as the “three or ten year bar.” Individuals unlawfully present for periods of more than 180 days but less than one year face the three-year bar. An individual who has been unlawfully present for a period of one year or more and then departs the U.S. will be barred from seeking readmission for a period of ten years. One possible way to avoid this bar is by applying for and obtaining a hardship waiver. An individual may apply for a hardship waiver if their inability to return to the U.S. would cause their U.S. citizen or permanent resident spouse or parent(s) “extreme hardship.” Extreme hardship must be more than the usual hardship a spouse or parent would face if they had to be separated from their spouse or child. This is a difficult waiver to obtain but in many cases it is the only way the person will be allowed back in the U.S. without having to wait for three or ten years.

USCIS has recently announced it is establishing new regulations which will allow certain individuals to file their hardship waiver applications from within the U.S. This will allow individuals who need a waiver to file their application in the U.S. and receive a decision before traveling to their home country. It is expected that this new regulation will significantly reduce the time families are separated while waiting on a waiver decision.