Are green card holders *expected* to apply for US citizenship at one point in the future?

mape

Registered Users (C)
Basic question. Let's say that, for whatever reason, a green card holder decides to never apply for US citizenship (e.g. it is more advantageous not to become a US citizenship for tax purposes if working in an international organization in the USA). Is that a problem? Will USCIS expect a GC holder to apply for USC before the 10-year expiration of the GC? When renewing the physical GC after 10 years of getting it, will the GC holder be asked to "explain" why he/she is not applying to USC? My guess is that it's up to the GC holder to decide, but I wanted to check.

If the GC holder begins the citizenship process but later decides to withdraw the N-400 application (obviously before oath time), I understand that there is no problem, just money and time wasted (right?). But will that GC holder be asked to explain the withdrawal when he/she renews the physical GC before the 10-expiration? Again, my guess is that there shouldn't be any problem.

Thanks
 
There is no requirement or expectation to ever apply for citizenship, and you will not have to explain why you never applied.

If you want to live as a permanent resident for the rest of your life, the only legal consequence is that you won't have the extra rights and protections that are reserved for citizens.
 
I was a child when I received my GC in 1991. By the time my parents received their citizenship (1998), I was over 18 and remained a LPR. Due to procrastination (hey, I'm not too proud to admit it!), I didn't apply for naturalization until 2007. Of course, I renewed my GC in 2001. No one at USCIS ever questioned why I haven't applied for naturalization or, when I finally applied, what took me so long to do it.
 
Another negative of not bothering to naturalize is that you will not be considered a protected individual for unfair immigration-related employment practices and/or discrimination purposes under OSC and OCAHO regulations per the provisions of IRCA.

IRCA was one of the 1980s Legalization statutes and created the form I-9 requirement for ALL employment in the U.S. from that time forward. EOIR expanded to include another component apart from Immigration Courts and the BIA just to handle this and related matter. The Office of the Chief Administrative Hearing Officer (OCAHO) was formed in 1986-1987 (fully up and running in 1987).

28 CFR 44.101 Definitions
*****
(c) Protected individual means an individual who—

(1) Is a citizen or national of the United States; or

(2) Is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. 1160(a), 8 U.S.C. 1161(a), or 8 U.S.C. 1255a(a)(1), is admitted as a refugee under 8 U.S.C. 1157, or is granted asylum under 8 U.S.C. 1158. The status of an alien whose application for temporary resident status under 8 U.S.C. 1160(a), 8 U.S.C. 1161(a), or 8 U.S.C. 1255a(a)(1) is approved shall be adjusted to that of a lawful temporary resident as of the date indicated on the application fee receipt issued at the Immigration and Naturalization Service Legalization Office. As used in this definition, the term “protected individual” does not include an alien who—

(i) Fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, by May 6, 1987; or

(ii) Has applied on a timely basis, but has not been naturalized as a citizen within two years after the date of the application, unless the alien can establish that he or she is actively pursuing naturalization, except that time consumed in the Immigration and Naturalization Service's processing of the application shall not be counted toward the two-year period.

[Note that (ii) is a very broad exception like when you are actively taking ESL classes, or awaiting the end of a "bar to GMC" or to "resetablish" residence and/or physical presence. It does not cover procrastination.
 
Last edited by a moderator:
Top