International Office
Duke University School of Medicine School of Nursing Health System International House
U.S Citizenship through Naturalization
(Revised 19 April 2004. Reviewed 19 April 2004.)

Frequently Asked Questions

1. How does a person get United States citizenship? I have my lawful permanent resident status (LPR) or "green card." Is that the same thing?
2. How long do I have to wait after getting LPR status to become a U.S. citizen?
3. I am nearing the date when I could apply for naturalization. Am I required to do that? Could I just keep my LPR status and not apply to become a USC?
4. Do I have to give up my current citizenship? Can I have both the US citizenship and my current citizenship and use both passports?
5. Can I do this own my own? Do I need an attorney? Where can I find an attorney?
6. How do I get started? Where do I learn more?
7. After I get my citizenship, can anyone take it away? Do I have to renew it? Is it permanent? How do I prove that I am a citizen?
8. I still have questions about this. Who can answer my questions?
   
 
1. How does a person get United States citizenship? I have my lawful permanent resident status (LPR) or "green card." Is that the same thing?
 

People acquire U.S. citizenship in three basic ways.

  • By birth. Persons born in the U.S. and under its jurisdiction and persons born to U.S. citizen parents are usually citizens by birth. Children born to diplomats may not be citizens at birth, because they have "diplomatic immunity" and are therefore, not "under the jurisdiction" of the U.S. Certain persons born in U.S. territories or possessions may be U.S. "nationals" or U.S. citizens, at birth, depending on the place, date, and circumstances of the birth.
  • By naturalization. Persons who hold lawful permanent resident (LPR) status may apply for citizenship through a process called naturalization after they have been in the U.S. for a period of time in LPR status.
  • By a special act of Congress or by operation of law. Actually these are usually naturalizations, but because they are unusual and the rules are complex, we will not discuss them at length in this FAQ. Congress can also pass a special law, often called a "private bill," that grants citizenship to one person or to a small group of people. Private bills are very rare and very difficult to get. Usually Congress reserves them for those who have done a tremendous service to the U.S. or for certain individuals on exceptional humanitarian grounds.
    This FAQ will discuss naturalization for those who are in LPR status.
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2. How long do I have to wait after getting LPR status to become a U.S. citizen?
 

If you got your LPR status based on marriage, you are generally required to wait for 3 years. If you got your LPR on any other basis, you are generally required to wait for 5 years. However, you may begin the process approximately one year before you reach your 3-year or 5-year date.

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3. I am nearing the date when I could apply for naturalization. Am I required to do that? Could I just keep my LPR status and not apply to become a USC?
  Citizenship through naturalization is a personal choice, not a requirement. You are not required to begin the naturalization process. If you do begin it, you may change your mind at any point in the process, and decide not to take the final step - the Oath of Allegiance.
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4. Do I have to give up my current citizenship? Can I have both the US citizenship and my current citizenship and use both passports?
 

Each country makes its own rules about dual citizenship, so you need to check with your embassy regarding the effect that acquiring U.S. citizenship will have on your current citizenship. From the U.S. perspective, the U.S. expects you to owe your allegiance to the U.S., but the U.S. does not control the citizenship rules of any other country. If another country claims you as a citizen and is willing to issue you a passport, that is an action between you and that country. However if you acquire another citizenship after you get USC, that action may cause you to lose your US citizenship.

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5. Can I do this own my own? Do I need an attorney? Where can I find an attorney?
  If you have any questions about the process, your eligibility, or the effect of your filing on your current status or you current citizenship, we strongly encourage you to talk with an experienced immigration lawyer. For information on locating and working with immigration lawyers, please see Working With Immiration Attorneys.
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6. How do I get started? Where do I learn more?
 

The Department of Homeland Security (DHS) has a web site with very good information and a downloadable application, Form N-400.

General information on citizenship. http://uscis.gov/graphics/faqsgen.htm#N

Specific information on naturalization. http://uscis.gov/graphics/services/natz/index.htm

Information on the citizenship test and sample test questions. http://uscis.gov/graphics/services/natz/require.htm

Application form and instructions. http://uscis.gov/graphics/formsfee/forms/n-400.htm

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7. After I get my citizenship, can anyone take it away? Do I have to renew it? Is it permanent? How do I prove that I am a citizen?
 

Citizenship is permanent and does not have to be reviewed. However, both naturalized citizens and persons who are citizens by birth can either give up or lose their citizenship.

Some people choose to give up their citizenship for personal reasons – marriage to a foreign national, offer of a job in another country that requires citizenship there, or similar reasons. Other people lose their citizenship because of actions they have taken such as swearing an oath of allegiance to another country or serving in the government or military of another country. Still others who have naturalized may have their citizenship revoked because they provided false information in their LPR or naturalization applications, and those falsifications are later discovered.

Unlike LPR status, citizenship does not require that you live in the U.S. If you have LPR status and you are outside the U.S. for more than a year, you can be assumed to have abandoned your LPR status. Citizens, on the other hand, cannot abandon citizenship by absence. They may live abroad for many years and still return to the U.S. as citizens. Indeed, when returning to the U.S., they are required to use U.S. passports.

Persons who are naturalized get naturalization certificates to show the new status, and persons born abroad can get certificates of citizenship to show their U.S. citizen. Of course, one of the most common documents to show citizenship is a U.S. passport. While no one is required to get a U.S. passport, many people choose to do so. Passports are generally valid for 10 years and must be renewed with new photos at the end of each 10-year period.

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8. I still have questions about this. Who can answer my questions?
  Contact the International Office by sending a message to VISAHELP@mc.duke.edu or call the office at 681-8472.
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