Quick turnaround Canuck to Yankee

July 18, 2006 1:27 PM

What is the best case time line for a Canadian to obtain US citizenship?

I interviewed a perspective employee today and all went well until he revealed he is currently a Canadian citizen. Because we have a government contract, there is a requirement that the employee have US citizenship in order to get onto restricted Defense Department bases.

This person has been in the US eleven years, has a green card, is married to a US citizen, and is squeaky clean. Assuming he starts the citizenship application process this month, what is this shortest possible time it could take for him to become a US citizen?

Please don't include "see a lawyer" in your answer.

posted by Xurando to law & government (6 comments total)

How long has he had his green card for? How long has he been married to the US citizen for? There is a mandatory two-year probation period for green cards granted through marriage, if the marriage is less than two years. However, the good news is that the fastest way to obtain citizenship is through marriage. From what the judge told me when I went through the process (I was just granted my green card) was after the probation period is over, I can apply for permanent alien status. Which is, I believe, a ten-year green card. After that has been issued I can apply for citizenship. This can be as quick as a month depending on where you live. For example, it can take longer in California than Utah due to the number of immigrants.

A great web site for this kind of information is:

http://www.uscis.gov/graphics/index.htm

I have never had a question that I could not get answered through this web site or by calling: National Customer Service Center 1 [phone]

Hope that helps! Good Luck!
posted by birdlips at 1:38 PM on July 18, 2006

Where does the applicant live?

The St. Albans VT office is currently processing N-400 naturalization forms with receipt dates of 5 April 2006.

There would likely be some additional delay beyond processing times while for interviews, possibly biometrics, and the final ceremony/oath.

This assumes that he's had his green card for 5 years, or 3 while married to his American, and that he meets the residency etc req'ts, which he almost certainly does if he's been living and working in the US.

You should also check to make sure that the requirement is "is a US citizen" and not "is not a foreign national." If it's the latter, he's no good to you unless and until he *also* goes through the formal process of renouncing his Canadian citizenship to Canadian officials, which he might not want to do. I have heard tell of this distinction very rarely biting people in the ass.
posted by ROU_Xenophobe at 1:58 PM on July 18, 2006

Sorry, but see an immigration lawyer. They have the expertise to walk through the labyrinthine regulations and details involved.
posted by dirtynumbangelboy at 8:01 PM on July 18, 2006

I am a Canadian; I've been in the US for 10+ years; I've been married to an American for 7+ years; I've had my Green card for 4+ years.

My application for naturalization was received on Feb 28 2006. My oath is scheduled for this Friday, July 21.

(I'm squeaky clean.)
posted by yqxnflld at 8:17 PM on July 18, 2006

Sorry, but see an immigration lawyer. They have the expertise to walk through the labyrinthine regulations and details involved.

There are not labyrinthine regulations and details involved, at least not for someone who's been in the States for yonks. There's a long form, some waiting, and a few other errands you might be told to run (especially if you haven't had biometrics done before).

The relevant question Xurando's applicant might have from the N-400 is:

What do they mean, list all my trips out of the US?

The answer being, take your best guess and indicate that it's a best guess, and that you don't have records for car trips back to Canada because there aren't I-94s for that.
posted by ROU_Xenophobe at 8:44 PM on July 18, 2006

This person has been in the US eleven years, has a green card, is married to a US citizen, and is squeaky clean.

IANAnImmigrationLawyer, but I think your person is eligible to apply for naturalization. To find out for sure, you can check the Eligibility Worksheet.

Assuming they are eligible, the N-400 Application for Naturalization is one of the more straightforward USCIS application forms and procedures. By the time they have become a Permanent Resident, most of the bureaucratic heavy-lifting has already been achieved. The other good news is that naturalization processing times seem to have generally improved recently.

Assuming he starts the citizenship application process this month, what is this shortest possible time it could take for him to become a US citizen?

It varies with the USCIS district office that processes the N-400 application. If you know the relevant district office for your area, go to the CIS processing dates page and select the district office in the upper selection box. On the page you are taken to, look for N-400 current processing times to get an idea of how long applications are currently taking at that office. As far as I know, once the application is submitted, there's no way to expedite processing, it's a strictly first-come-first-served system.
posted by normy at 8:49 PM on July 18, 2006