How to Become a U.S. Citizen Through Family Petition
Becoming a U.S. citizen offers many benefits, from the right to vote to expanded job opportunities and security in the United States. One common pathway to citizenship is through family petition, where a U.S. citizen or lawful permanent resident (green card holder) sponsors a relative for a visa or green card, with the ultimate goal of citizenship. Here’s a step-by-step guide to becoming a U.S. citizen through family petition.
Step 1: Determine Eligibility for Family Sponsorship
The first step in this process is for a family member in the U.S. to sponsor you. Immediate relatives of U.S. citizens generally have an easier path to residency, and citizenship, than those with more distant familial connections. U.S. citizens can petition for:
– Spouses
– Unmarried children under 21
– Parents, if the citizen is over 21
– Siblings, if the citizen is over 21
Lawful permanent residents, or green card holders, can sponsor:
– Spouses
– Unmarried children of any age
Immediate relatives (spouses, minor children, and parents) don’t have to wait in line for a visa. However, siblings and adult children fall under the “preference categories” with longer wait times, sometimes stretching over several years.
Step 2: Filing the I-130 Petition
The sponsoring family member must file Form I-130, Petition for Alien Relative, to establish the familial relationship. This is the first official step in the process. After submitting the form, USCIS will review it, and if approved, it will be sent to the National Visa Center (NVC) if the beneficiary (person being sponsored) is outside the U.S. If the beneficiary is already in the U.S. and eligible, they can proceed with adjusting their status without leaving the country.
Step 3: Adjustment of Status or Consular Processing
Once the I-130 is approved, the next step is to apply for a green card. This can be done in one of two ways:
Adjustment of Status: If the relative is already in the U.S., they may apply for a green card (Form I-485) without returning to their home country. Immediate relatives of U.S. citizens can file the I-485 concurrently with the I-130 to speed up the process.
Consular Processing: If the relative is outside the U.S., they will apply for a visa through a U.S. consulate in their home country. Once they enter the U.S. with an immigrant visa, they automatically become a lawful permanent resident.
Step 4: Satisfy Residency Requirements
After obtaining a green card, the individual must live in the U.S. for a certain period before applying for citizenship. For most, this means a minimum of five years as a green card holder, though spouses of U.S. citizens can apply after three years. During this period, they must meet physical presence requirements and demonstrate “good moral character.”
Step 5: Apply for Naturalization
After meeting the residency requirements, the green card holder can file Form N-400, Application for Naturalization, to become a U.S. citizen. This process includes a background check, an interview, and passing the U.S. civics and English tests. Once approved, they’ll attend a naturalization ceremony, take the Oath of Allegiance, and officially become a U.S. citizen.
Final Thoughts
Navigating the family petition process can be complex, but with the right information and preparation, it’s an attainable goal. Remember, each case is unique and wait times can vary widely based on your relationship with your sponsor and the specifics of your situation. Working with an immigration attorney can help ensure that all requirements are met and that your path to citizenship is as smooth as possible.