Adjustment of status and naturalization often come up together in immigration law. However, they refer to two different legal processes. Confusing them can cause you to make mistakes that delay your journey to becoming a citizen.
Understanding two distinct processes
Adjustment of status is the process a noncitizen living within the states uses to apply for a green card. Instead of returning to your home country for consular processing, you file your application with the U.S. Citizenship and Immigration Services (USCIS) and, if approved, you become a lawful permanent resident.
Naturalization, on the other hand, refers to a separate process where a green card holder becomes a citizen. This step comes later in your immigration journey and leads to rights that permanent residents do not have, including voting in federal elections and getting a U.S. passport.
Meeting the criteria for each process
To qualify for a green card, the USCIS must approve your immigrant petition or place you in an eligible visa category. You will also need to show that you are physically present in the states during your application and have an immigrant visa number available. Lastly, issues such as having a criminal history or violating immigration laws can cause the agency to deny your application.
To get citizenship through naturalization, you first need to hold permanent resident status for at least five years or three years if you are married to a U.S. citizen. During that time, you must maintain continuous residence and demonstrate good moral character.
Navigating the application process
If you are looking to apply for a green card, you will start by filing Form I-485 with USCIS. Along with this, you need to submit a few documents, such as a financial affidavit and proof of your qualifying ties, and provide medical exam results. The agency will then set up a biometrics appointment and an in-person interview at your local field office.
If citizenship is your next goal, you will start the naturalization process by filing Form N-400 with USCIS. After that, you must complete a biometrics appointment and then take part in a formal interview, during which you take a civics and English test. If USCIS approves your case, the final step takes place at a naturalization ceremony where you take the Oath of Allegiance.
Both timelines vary by field office, and California offices tend to run longer due to the high number of cases they handle. Factoring in a little extra time when you plan can make your immigration timeline feel much more manageable.
