What Is the Difference Between Naturalization and Citizenship?

Authored by:

Shama Merchant Poonja

CEO & Managing Attorney

Shama Merchant Poonja

As a first generation American, Ms. Poonja is committed to the field of immigration law. Since 2013, Ms. Poonja has been representing corporate and individual clients on a wide variety of business and family immigration law matters.

Reviewed by:

Sejal Parikh

Senior Attorney

Sejal Parikh

Ms. Parikh’s experience in business immigration includes representing employers of all sizes in various industry verticals, from Fortune 500 multinational corporations to emerging growth companies, startups, and large consulting companies. She provides expertise across a wide range of employment-based cases, focusing on both nonimmigrant and immigrant petitions.

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United States citizenship is the status with the greatest rights and protections. For the most part, the differences in treatment of citizens are minimal. However, naturalized citizens go through a much more rigorous naturalization process than natural-born citizens.

A law firm experienced in immigration matters can guide you through the naturalization process. Specifically, a citizenship and naturalization lawyer can help you gather the required documentation and complete the application.

Thus, the issue is not so much, “What is the difference between naturalization and citizenship?” Naturalization is a process, while citizenship is a status. Instead, the important question is “How is citizenship gained by a natural-born vs. naturalized citizen?”

Understanding the Naturalization Process

What is naturalization? The naturalization process is the most common route in U.S. immigration law for a non-U.S. citizen to become a U.S. citizen.

Naturalization is not the only way to become a U.S. citizen. Most U.S. citizens received their citizenship automatically. Others, such as non-citizen children adopted by U.S. citizen parents, go through an alternate process that naturalizes them as U.S. citizens but does not follow the same process used for adults.

Thus, you can understand naturalization as the legal process most adult non-citizens take to gain U.S. citizenship status.

Who Typically Qualifies for the Naturalization Process Under U.S. Immigration Law?

U.S. law determines who qualifies for naturalization based on certain eligibility requirements for their situation. The first step to becoming a naturalized citizen is to meet the following eligibility requirements:

Age of the Applicant When Applying to Become a U.S. Citizen

The applicant for naturalization must be at least 18 years old. Applicants under 18 may have alternate options, such as automatic citizenship after adoption by citizen parents or military naturalization after serving in the U.S. armed forces during hostilities.

Immigration Status

Applicants for naturalization must be lawful permanent residents, also called green card holders. Visa-holders, asylum seekers, and refugees are not eligible until they obtain and hold a green card for the required time.

Time as a Lawful Permanent Resident

Most applicants born abroad must be lawful permanent residents for at least five years before applying. People can apply after only three years when they meet all of the following criteria:

  • A marriage and shared residence with a U.S. citizen
  • A marriage lasting at least three years before applying
  • A spouse who has been a U.S. citizen for at least the past three years
  • Substantially continuous residence in the U.S. over the past three years

The fourth criterion means that the applicant has not been outside the U.S. for more than 18 months in the most recent three years.

Continuous U.S. Residence

The continuity of your residence has two elements. First, you cannot have been outside of the U.S. for 30 months or longer. Stated differently, you must have been in the U.S. for 30 months or longer over the five years preceding the application.

Second, you cannot have taken any trip outside the U.S. that lasted longer than one year. Again, stated differently, you meet this element if all your trips outside the U.S. were shorter than one year individually and shorter than two and a half years in total.

U.S History and English Test

Applicants must demonstrate basic English fluency by passing an English test and a naturalization interview. This test includes a multiple-choice exam conducted on a tablet device and a discussion with a U.S. Citizenship and Immigration Services (USCIS) officer. The USCIS officer evaluates your fluency based on both the exam and your ability to speak basic English during the interview.

Additionally, you must pass a civics test. This test includes questions about U.S. history and government. The civics test includes ten questions asked by the USCIS officer during your in-person interview.

Good Moral Character

Applicants must demonstrate good moral character. This means they must have none of the following:

  • Criminal convictions
  • Unpaid legal obligations, such as child support, taxes, and fines
  • Falsehoods or fraud in their immigration filings

While the USCIS focuses on the most recent five years, it can also look further into the past for any crimes of moral turpitude or activities that signify a lack of honesty and truthfulness, even if no charges were filed or they were dismissed.

The Naturalization Process Explained

Naturalization provides a path to citizenship in the U.S. It starts by filing an application containing all the information relevant to determining your eligibility for U.S. citizenship. While you can file Form N-400 and pay your fees on your own, many applicants hire an experienced immigration lawyer to prepare the application and shepherd it through the legal process.

You must have biometrics on file with the U.S. to move to the next step. In many cases, your biometrics are already on file because you had your photo and fingerprints taken to get your visa or green card. If the government needs your biometrics, you will receive an appointment notice to have your biometrics captured.

US Citizenship & Immigration Services (USCIS) will process your application to verify your eligibility to become a U.S. citizen. If you meet all the criteria, USCIS will schedule an interview. During this meeting, an agent will assess your English proficiency and knowledge of U.S. history.

However, the bulk of the interview will involve reviewing your application and supporting documents. The agent may ask questions to clarify the answers you gave and obtain additional information to process your application. You must answer these questions under oath.

After your interview, USCIS will finish processing your application and issue a decision. The decision may take the following three forms:

  • Granted
  • Continued Processing
  • Denied

If your application is granted, you will receive a naturalization ceremony date to take the Oath of Allegiance and receive your naturalization certificate. At this point, the process is completed, and you have obtained citizenship. The total process takes about seven to eight months from application to grant. However, your application time may vary based on the office handling your case.

USCIS can continue your application if it needs additional documents or proof from you about your background or record. At this point, you should consider hiring an attorney if you do not already have one. The lawyer can assemble the information requested by USCIS and advocate for your application to be granted.

Finally, USCIS denies applications when you are ineligible for naturalization. The decision will explain the reason for the denial. You can appeal a denial by filing a hearing request. Again, if you do not already have an attorney, when you receive a denial is a good time to hire one.

Comparing Naturalization and Citizenship by Birth or Derivation

What is the difference between naturalization and citizenship for people born in the U.S.? Generally, naturalized citizens get the same rights as natural-born citizens under the U.S. Constitution. You are protected from deportation from the country, except in narrow situations. You even become eligible to hold a U.S. passport.

However, there are some differences. What is the difference between citizenship and naturalization processes? Natural-born citizens receive their citizenship automatically. Their birth certificate from inside U.S. jurisdiction is enough to prove their eligibility for U.S. citizenship. In fact, the government does not even issue citizenship documents to natural-born citizens.

By contrast, naturalized people must apply for citizenship. They can be denied for many reasons that are not even considered when a natural-born citizen receives their automatic citizenship.

What is the difference between naturalization and citizenship if you commit a crime? Both naturalized and natural-born citizens can go to prison for committing a crime. However, a naturalized person can be stripped of their citizenship if they committed fraud when they obtained citizenship.

For example, suppose an applicant concealed a felony conviction on their application and interview. The government could conclude that the person was never eligible for citizenship and “denaturalize” them. They will be stripped of their U.S. citizenship and have their naturalization certificate revoked.

The issue of documentation raises another difference. What is the difference between naturalization and citizenship certificate? A naturalization certificate proves that you completed the naturalization steps. A certificate of citizenship may be requested by people who qualify for automatic citizenship, such as those born abroad to U.S. citizen parents, to prove their citizenship.

This naturally leads to the distinction between a certificate of naturalization vs. citizenship. Citizenship is a legal status. A certificate of naturalization proves your entitlement to that status. In other words, your naturalization certificate proves your citizenship.

What is the difference between certificate of naturalization and certificate of citizenship in practical terms? A certificate of citizenship is completely optional, whereas the naturalization certificate is your proof of citizenship.

The differences between a certificate of naturalization vs. certificate of citizenship include whether the person can be denaturalized and whether the document is mandatory or optional. Additionally, a certificate of citizenship vs. certificate of naturalization signifies that the person underwent different processes for obtaining citizenship.

The effect of a naturalization certificate vs. certificate of citizenship is the same, with both types of citizens having substantially the same legal rights.

Advantages of U.S. Citizenship for a Naturalized Citizen

What is U.S. citizenship? A citizen is a legally recognized member of the United States. Citizens have rights and responsibilities. They also become fully eligible to participate in U.S. politics, although naturalized citizens are ineligible to be U.S. President.

Many immigrants must decide between a green card vs. citizenship. This is not an easy decision and should not be taken lightly. The U.S. generally allows dual citizenship. However, when someone becomes an American citizen, they are expected to adhere to U.S. laws and pledge loyalty to the nation.

On the other hand, immigrants do receive many benefits of naturalization. Green card recipients, asylees, and refugees can be detained and deported by U.S. Immigration and Customs Enforcement (ICE). 

The priority placed by the government on detention and deportation will vary from president to president. However, aggressive enforcement exposes all green card recipients to possible enforcement actions.

By contrast, citizens, including naturalized people, are not subject to detention and deportation. They can be denaturalized, returning them to the status of a lawful permanent resident and subject to deportation. But the grounds for denaturalization are narrow. Moreover, naturalized people can challenge denaturalization proceedings with the help of an experienced attorney.

You should also keep in mind that citizenship does not require periodic reviews and renewal like green cards. In other words, once you gain your citizenship, you do not need to continue to contact or file forms with the USCIS.

You are a citizen unless something arises regarding your original application that would have made you ineligible for citizenship. For example, perjury, fraud, or other defects in your original application could make you subject to denaturalization. Otherwise, you will likely never deal with USCIS again regarding your citizenship.

An additional benefit of being a citizen is that you can sponsor family members to immigrate to the U.S. While permanent residents can also sponsor applicants, the categories of family members who can be sponsored by citizens are broader. Thus, you have a better chance of gathering your entire family in the U.S. if you can become an American citizen.

At the same time, you gain many other rights, including the right to vote in local, state, and federal elections, when you become a citizen. You might gain eligibility to hold political offices and work for the government by becoming a citizen. Citizens also have no inherent restrictions on their ability to travel internationally, like those who hold green cards.

Final Thoughts: Navigating Citizenship and Naturalization

Naturalization provides an important pathway to citizenship for many immigrants. Unless you fall into a special category, such as a member of the U.S. armed forces or the adopted child of citizen parents, naturalization might be your only pathway to obtain citizenship.

To navigate the naturalization process, you must meet certain eligibility criteria and submit an application with documents to support your eligibility. You must also complete an interview to test your language skills and civics knowledge. Finally, you must satisfy an agent that your application is complete and you have fully and honestly submitted everything relevant to your application.

An attorney can be an essential part of this process. They can respond to any requests for additional information and help you prepare for your interview. Contact us to learn about our services for naturalization applicants.

Disclaimer

The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.