By E. Audrey Glover-Dichter
Attorney at law
Copyright Protected 2010

As an immigration attorney, I hear this question often from clients who are pondering the question whether to naturalize or not.  The answer to the question is based on the long term goals of the person posing the question.  In general, however, if the client has the intent to stay and live in the USA permanently, then perhaps naturalizing is the right thing to do.

Naturalization is not for everyone though.  Some clients are hesitant to naturalize because of complicated tax issues, which I defer to tax experts.  Some clients may not be able to naturalize because they may not qualify. The law generally requires that the client be a legal permanent resident (LPR) of the USA for a minimum of 5 years, and have good moral character.  There seems to be a misconception that as long as the LPR spends six months in USA, that is enough time to maintain LPR status and to qualify for naturalization.  However, the purpose of having LPR is to actually live in the USA permanently. So, sometimes, when an LPR does spend six months or more outside the USA, his/her residency may become questionable.  This is even more the case when the LPR spends a year or more abroad consecutively.   Not every case is black and white in determining loss of LPR, particularly for naturalization purposes.  The law looks at the intent of the LPR and his/her actions towards that intent to determine maintenance of LPR status, especially for naturalization purposes.  Therefore, just because an LPR spends more than six months outside the USA, it does not mean that the person automatically looses LPR status.  Deeper analysis as to why the LPR has spent more than six months abroad determines whether LPR status has been lost and eligibility for naturalization.

The one exception to the 5-year rule is when an LPR received LPR status through marriage to a citizen of the USA.  If they are still legally married, then the LPR may be eligible to apply for naturalization once reaching 3 years of LPR status, assuming he/she qualifies.

Good moral character is a crucial part of any immigration case, particularly for naturalization.  The definition of good moral character in simple terms is a good citizen with no criminal record.  Having a criminal record may impede naturalization depending on what that criminal record is.  After 9/11, criminal records could lead to deportation/removal instead of naturalization.  It is imperative that the LPR consult with an immigration attorney before filing for naturalization to determine the risk due to the criminal record involved.

Why should I naturalize is another common question I hear often.  The basic answer is, an LPR whose whole life is in the USA and who intends to remain permanently in the USA, should consider naturalizing assuming he/she qualifies.  The benefits of naturalization are numerous.  Being a citizen of the USA allows the person to vote, which LPRs are not allowed to do.  Thus, voting gives new citizens a voice in the political process.  Another reason to naturalize is protection from deportation/removal.  The risk of deportation/removal always exists for an LPR no matter how long he/she has been in the USA should a criminal problem arise.  Once a citizen of the USA, deportation is usually not a threat if a criminal problem were to arise.  Of course, there are a few exceptions to this protection and this should never be the reason to naturalize. US Citizens enjoy accessibility to benefits not available to others. The greatest benefit to becoming a citizen of the USA is enjoying the freedoms and protections guaranteed by the US Constitution, such as freedom of religion and speech among other cherished  freedoms.

If you have any questions regarding naturalization or any other immigration issues, feel free to contact me at 954-450-1563 or audrey@gloverdichter.com.  I would be happy to discuss your case and guide you through the system.