Pathways to US Citizenship for Indian Nationals
23 October, 2024
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Travelling to the USA for work has become a significant ambition for many people living in India. However, the US work visa expires after five years, prompting many to seek permanent residence and eventually US citizenship.
Understanding Naturalisation
Naturalisation is the process by which immigrants acquire US citizenship after fulfilling a series of requirements. It applies to certain individuals, such as green card holders or those meeting specific military service criteria. For those considering moving to the USA from India, this guide provides detailed information on eligibility, the application procedure, required documents, and more.
Eligibility for US Citizenship for Indians
Individuals not born to US parents or not born in the USA can still become US citizens through naturalisation. Before diving into the eligibility criteria, it is essential to understand the difference between a green card and citizenship.
A green card allows individuals to become permanent residents of the US, while citizenship grants full rights and privileges, including the ability to vote in federal elections. Both statuses allow indefinite stay in the US, but only citizens can participate in federal elections and hold certain government positions.
Eligibility Criteria
If you are wondering how to become a us citizen from India? Applicants must meet the following criteria to apply for and acquire US citizenship:
- Age: Applicants must be at least 18 years old.
- Residency:
Unmarried applicants must have held a green card for five years.
Applicants married to US citizens must have held a green card for three years.
Applicants should not have taken trips longer than six months outside the US during the required residency period.
- State Residency: Applicants must have lived in the state where they plan to apply for citizenship for at least three months.
- Military Service: Widows or widowers of US citizens who died honourably serving in the military can apply at any time. Individuals who served in the US military for at least one year, or even less during peacetime, can also apply under specific conditions.
- Language Proficiency: Applicants must be proficient in basic written and spoken English.
- Civics Knowledge: Applicants must pass a two-part test covering English language skills (reading, writing, speaking) and knowledge of US history and government.
- Civic Duties: Applicants must be willing to perform civil services duties and register for military service if required.
- Moral Character: Proof of good moral character is necessary.
- Oath of Allegiance: Applicants must swear allegiance to the US and be willing to defend the US Constitution.
Exceptions to the Qualifying Two-Part Test
In this journey of understanding how to get US citizenship for Indian, it is important to learn about qualifying tests. While the two-part test is crucial for the naturalisation process, there are exceptions:
1. Age and Residency:
- Applicants aged 50 or older with 20 years as a green card holder are exempt from the civics test.
- Applicants aged 55 or older with 15 years of experience as green card holders are also exempt from the civics test.
- Applicants aged 65 or older with 20 years as green card holders will take a simplified civics test.
2. Medical Disabilities: Applicants with medical disabilities lasting or expected to last at least 12 months can be exempted from both the English and Civics tests with an approved waiver.
Application Process for US Citizenship
For those seeking information on how to get US citizenship for Indians, here are the steps to follow for the naturalisation process:
- Form N-400: Download and fill out Form N-400, the application for naturalisation. This can be done online or by mailing a paper application.
- Documentation: Gather and prepare necessary documents, ensuring accurate and appropriate data is filled in the form.
- Submission and Fees: Submit the form and pay the applicable fees online. Keep the receipt for future reference.
- Biometrics Appointment: Attend a biometrics appointment to register fingerprints at the nearest USCIS field office.
- Interview: USCIS will schedule an interview to verify the documents and details provided in the application. This usually happens around 14 months after filing.
- Naturalization Test: Take the two-part naturalisation test during the interview. Study materials will be provided by USCIS.
- Oath of Allegiance: Upon approval, take the Oath of Allegiance at a scheduled ceremony to receive the Certificate of Naturalisation.
Required Documents for US Citizenship
For those who wish to understand how to become a US citizen from India, before applying, ensure the following documents are ready:
Proof of Permanent Resident status (Green Card)
Proof of identity
Two passport-size photographs
Marriage certificate (if applicable)
Marriage annulment certificate (if applicable)
Divorce decrees (if applicable)
Death certificate of a previous spouse (if applicable)
Documents supporting any medical disability
Fee reduction or waiver application (if applicable)
Documents related to the request for representation by an attorney (if applicable)
Application Fees
The US government charges a fee of $725 for the naturalisation process, which includes a $640 processing fee and an $85 fee for biometric services.
Extending Citizenship to Family Members
US citizens can apply for citizenship for their family members, including spouses, children, parents, and siblings. Children can gain derivative citizenship before turning 18 if their parents are US citizens.
Avoiding Application Rejection
Several factors can lead to the rejection of a US citizenship application and therefore it is essential to know these reasons when thinking about how to get US citizenship for Indians:
- Discrepancy in Green Card Status: Maintain a valid green card and proper residency.
- Accurate Documentation: Provide genuine and accurate information and documents.
- Passing the Naturalisation Test: Study and prepare for the English and Civics tests.
- Clean Criminal Record: Avoid any involvement in criminal activities.
- Tax Obligations: Ensure all taxes are paid, and there are no outstanding payments.
Benefits of US Citizenship
US citizenship offers several advantages:
- Voting Rights: US citizens can vote in federal elections.
- Freedom from Immigration Formalities: No need to renew green cards or file immigration forms.
- Employment Opportunities: Access to government jobs and better pay scales.
- Family Benefits: Extend permanent residence to family members.
- US Passport: Visa-free access to over 180 countries and territories worldwide.
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Importance of Travel Insurance
While acquiring US citizenship is a goal for many, others travel for vacations, education, or other purposes. Travel insurance is essential for financial safety, covering uncertainties before, during, or after travel.
Niva Bupa offers international travel insurance with a range of benefits, including trip cancellation, curtailmen, medical evacuation, accidental death, and baggage loss. Choose a travel insurance plan based on the destination, travel frequency, trip duration, claim limit, and the people travelling.
Applying for US citizenship for Indians is a straightforward process if you meet the eligibility criteria and submit the required documents accurately. Understanding the steps and requirements can help ensure a smooth application process, allowing you to enjoy the many benefits of being a US citizen.
FAQs
What is the current wait time for the naturalisation process?
The average processing time is about nine months. However, the entire duration can vary between 18 to 24 months, depending on individual circumstances, from applying for US citizenship to taking the Oath of Allegiance.
What is the outcome if I fail the two-part test for the naturalisation process?
If you fail the test the first time, you will have an opportunity to retake it at a later date. However, if you fail the test a second time, you will receive a denial letter from the USCIS. You can either appeal the decision within one month or reapply for citizenship.
What is the difference between naturalisation and citizenship?
Citizenship is the status of being a US citizen. Naturalisation is the process through which immigrants can apply for and obtain US citizenship for Indians. Eligible candidates undergo a series of steps, including submitting an application, attending a biometrics appointment, participating in an interview, passing the naturalisation test, and taking the Oath of Allegiance.
What happens to my Indian passport after I get US citizenship?
You will need to surrender your last-held Indian passport to the Indian Consulate for cancellation.
Does India allow dual citizenship?
According to the Constitution of India, individuals cannot hold Indian citizenship and citizenship of another country simultaneously.
Can I travel to India after applying for the US naturalisation process?
Yes, you can travel to India after applying for naturalisation, provided there are no legal impediments. However, if your trip lasts 180 days or more, the USCIS may determine that you have not met the continuous residence requirement and deem you ineligible for naturalisation.
How many times can I apply for the US citizenship naturalisation process?
There is no limit on the number of times you can apply for naturalisation. However, you will need to pay the applicable fees each time you submit an application.
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