Can I Apply For U.S. Citizenship If I Live Abroad?

    Immigration Law
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To become a U.S. citizen, you generally need to meet certain requirements, one of which is residing in the United States for a specified period. However, if you are a U.S. permanent resident (Green Card holder) living abroad, the process of applying for citizenship is still possible, but there are specific conditions and limitations. Let’s explore whether and how you can apply for U.S. citizenship while living abroad.

Requirements for U.S. Citizenship While Living Abroad:

1. Residency Requirements:

To apply for U.S. citizenship through naturalization, you must meet residency requirements. Typically, the requirement is that you must have lived in the U.S. for at least 5 years as a permanent resident (Green Card holder). If you are married to a U.S. citizen, the period is 3 years.

For those living abroad, you still need to meet these residency conditions, but time spent outside the U.S. can interrupt your eligibility if you are living abroad for extended periods.

Absences of more than 6 months but less than a year could disrupt your continuous residence. Absences of one year or more generally result in a break in continuous residence, meaning you will need to reestablish your residency in the U.S. before applying for citizenship.

2. Physical Presence in the U.S.:

Along with the residency requirements, you must also meet the physical presence requirement. This means you need to have spent at least half of the required residency period physically present in the U.S.

For example, if you are applying based on 5 years of permanent residency, you must have spent at least 30 months in the U.S. over the 5-year period.

3. Re-establishing Residency:

If you’ve been living outside the U.S. for a prolonged period, you may need to re-establish your U.S. residency by living in the U.S. for a sufficient amount of time before applying for citizenship. In such cases, the clock on your continuous residence for naturalization purposes may reset.

If you have Form I-407 (Abandonment of Green Card) or other forms showing you abandoned your U.S. permanent residency, your eligibility may be affected, and you would need to reapply for permanent residency before pursuing citizenship.

4. Special Considerations for Military Service:

U.S. citizens working for the government or in the military abroad may have special provisions that allow them to apply for citizenship even while living overseas.

Military personnel who have served abroad may apply for naturalization without the usual residency requirements.

5. Applying for Citizenship from Abroad:

If you are eligible to apply for U.S. citizenship but are currently living abroad, the process involves submitting your naturalization application to the U.S. consulate or embassy in your country of residence. This means you would need to apply from outside the U.S.

You must complete and submit Form N-400 (Application for Naturalization) and attend your interview and biometric appointments at the U.S. consulate or embassy.

6. Residency in a U.S. Territory:

If you are living in a U.S. territory (such as Puerto Rico, Guam, the U.S. Virgin Islands, or the Northern Mariana Islands), you can still apply for U.S. citizenship while living there, as long as you meet the residency and physical presence requirements. U.S. territories are considered part of the United States for the purposes of naturalization.

7. Exceptions and Special Cases:

Some applicants, such as those working for U.S. businesses abroad, might be eligible for exceptions to the residency and physical presence requirements.

In certain cases, you might be eligible to apply for citizenship under the child citizenship or naturalization through parents provisions if you are a minor and one of your parents is a U.S. citizen.

Steps to Apply for U.S. Citizenship While Living Abroad:

1. Check Eligibility:

Before applying, confirm that you meet all the residency, physical presence, and other requirements for U.S. citizenship. If you have been living abroad for an extended period, check how it affects your continuous residence.

2. File Form N-400:

If eligible, complete and submit Form N-400, which is the application for naturalization. You can submit it online or by mail.

3. Submit Required Documents:

Include all necessary supporting documents with your application. These may include proof of your U.S. permanent resident status (Green Card), passport photos, evidence of your physical presence in the U.S., and other forms requested by USCIS.

4. Biometrics Appointment:

You will be required to attend a biometrics appointment (fingerprinting) at a U.S. embassy or consulate. You will receive instructions from USCIS on where and when to appear.

5. Interview and Naturalization Test:

You will also need to attend a naturalization interview and pass a civics and English test (unless you qualify for an exemption). The consulate or embassy will conduct this process.

6. Oath of Allegiance:

If approved, you will take the Oath of Allegiance at the U.S. embassy or consulate. Afterward, you will receive your U.S. citizenship certificate.

Example:

Maria, a Green Card holder, had lived abroad for a few years due to her work commitments. When she decided to apply for U.S. citizenship, she realized she did not meet the residency requirement due to her long stay abroad. Maria moved back to the U.S. for several months to re-establish her residence and meet the necessary criteria. After completing the required physical presence, she applied for citizenship through Form N-400 at the U.S. embassy, where she completed her interview and oath ceremony.

Answer By Law4u Team

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