How To: get a US passport

In the last editions we have pointed out a few times that it is possible to apply for US citizenship after having lived there on a green card status for a few years. Today, we want to introduce you to the necessary requirements in detail. At the same time we will inform about the new German citizenship law that we have only hinted at so far. Both are closely connected and we will tell you about this.

Requirements for residency First of all we want to do away with a myth we often hear in our visa consulting sessions. Even though the green card is a special privilege, it does not automatically lead to US citizenship. One of the most complex requirements is without a doubt the issue of necessary permanent residence in the US. In general you can say that you have to stay in the US on the green card status for at least five years. In addition, it is necessary that you are actually physically present in the US. This regulation applies to all immigrants who did not immigrate through marriage to a US citizen. For them there are other, simpler regulations that we will explain below.

Prior to the application you have to spend at least half of the required time in the US, for example two and a half out of five years. And in the three months prior to your application you have to live in the administrative district in which you will apply. Between the date of application and the approval of your application you have to have had your permanent residence in the US continuously. Residence in this case means the pace you spend most of your time and your actual place of residence. Just being absent from the US doesn't necessarily mean you don't have your permanent residence there. At the same time we have to point out that you have to be careful with being absent for more than 6 months. Absences of this length can mean that you don't have your primary residence in the US anymore. However, this assumption by the authorities can be disproved with documentation proving that you have not given up your residence in the US. Acceptable documentation includes employment situation (even self employment), family ties, and real property. Documentation that you have no employment outside of America may also be helpful.

If you have been living outside the US for more than one year, your residence will definitely be seen as disrupted. Exceptions are as follows: first off, after your green card status has been approved (not after your green card has been issued) you have spent more than one year in the US without disruptions. Absences during this period would not be acceptable according to citizenship law. In case you have been sent abroad by a US institution during this time, that will not be counted as absence (however, this only applies to a very small list of recognized US institutions).

Spouses of US citizens For spouses of US citizens the period you have to have been in the US is shortened from five to three years. You have to have spent half of this time in the US and be able to demonstrate this. During this time, the couple has to have been living together as a married couple, the US citizen has to have had US citizenship the entire time (which might be a problem for people who have just immigrated into the US a short while ago themselves).

In case the marriage is canceled during this period, the foreign spouse will have to wait the regular five years again.

PLEASE NOTE: In case the divorce becomes legal before the conditional phase of the green card expires it is possible that you will lose your green card and thus also the option of applying for a US passport.

Educational IRA There are also attractive provisions for your children. This fund is called Educational IRA (EIRA). For this, your children have to be under 18. Up to $2,000 is possible as an investment every year. Unfortunately, this is not tax-deductible. As far as the created funds are used for tuition fees, they are exempt from taxation. Make sure to use the sum for this purpose before the deadline of 30 days after your child's 30th birthday. After that the measures already described will apply, but you can avoid them by transferring the money to the EIRA of a relative.

"Good moral character, English and Civics" As an applicant, you will also have to meet a few - simple - general requirements. You will need to have sufficient English skills in writing, reading and understanding. There is no test for this, but during your immigration interview these skills will be orally tested. Furthermore, it is good to have knowledge of US history and government system. You will get a list with 100 questions, a selection of which you will have to answer. The questions are not difficult and can usually easily be answered with common knowledge.

German citizenship It has now become significantly more attractive to consider applying for a US passport. Up to now, you would have automatically lost your German citizenship the moment you accepted a US citizenship. Now, however, you can hope to still keep it even if you become a US citizen. This is made possible by the new German citizenship law. It doesn't generally allow dual citizenship, but it gives German citizens the opportunity to keep their German citizenship even when they accept that of another country. It is important to prove that you will still have close ties to Germany. This can be the relationship to close relatives, real estate, own apartments, insurance or pension benefits, company holdings, savings accounts and checking accounts, school and job training in Germany, regular trips to Germany, long-year stays in the country.

However, according to the new citizenship law you have to have a good reason to apply for US citizenship, e.g. preventing or removing significant disadvantages, especially of economic or proprietary nature. General disadvantages that foreigners are facing everywhere in the world such as no right to vote, having to apply for a valid resident alien card or being excluded from high government offices are not sufficient reason from a German point of view.

PLEASE NOTE: The application AND the approval must happen before you acquire the foreign citizenship because if you accept US citizenship before you application to keep German citizenship has been approved you will lose your German citizenship.

If you have further questions about dual citizenship you can ask them in a forum that is dealing specifically with this issue: http://groups.yahoo.com/group/zweipaesse/