Becoming a U.S. citizen through naturalization is a significant milestone, offering security, legal protections, and new opportunities. For LGBTQ+ immigrants, the process can present unique challenges, making legal guidance essential. Understanding the naturalization process, eligibility requirements, and potential barriers can help LGBTQ+ applicants navigate their journey successfully.

Understanding the Naturalization Process

The naturalization process begins with determining eligibility. To apply, an individual must be a lawful permanent resident (green card holder) for at least five years (or three years if married to a U.S. citizen) and meet other residency and character requirements. LGBTQ+ applicants in same-sex marriages have the same rights under U.S. immigration law as opposite-sex couples, ensuring equal access to the three-year eligibility pathway.

The next step is submitting the Application for Naturalization, along with the required documentation and fees. After submitting the application, the applicant must:

• Complete biometrics screening for background checks.
• Attend an interview with a U.S. Citizenship and Immigration Services (USCIS) officer.
• Take the naturalization test, which assesses English language proficiency and U.S. civics knowledge.

If approved, the final step is attending the naturalization ceremony, where the applicant takes the Oath of Allegiance and officially becomes a U.S. citizen.

Key Considerations for LGBTQ+ Naturalization Applicants

• Marriage and Family Considerations: Since the legalization of same-sex marriage, LGBTQ+ spouses of U.S. citizens can apply for naturalization under the three-year rule. However, applicants may need to provide additional documentation proving the legitimacy of their marriage, particularly if it was conducted in a country where same-sex unions are not recognized.
• Name and Gender Marker Changes: Some applicants may wish to change their name or update gender markers during the naturalization process. USCIS allows name changes as part of the naturalization process, usually finalized during the oath ceremony. Gender marker changes require separate procedures but are increasingly recognized in U.S. immigration law.
• Asylum and Refugee Considerations: LGBTQ+ individuals who obtained lawful permanent residence through asylum due to persecution in their home country may apply for naturalization after five years. Ensuring that all records align with their current identity and legal status is crucial.

Common Challenges in the Naturalization Process

• Discrimination or Bias: While legal protections exist, LGBTQ+ applicants may still face bias during interviews or documentation review. Working with an attorney can help navigate potential issues.
• Documentation Gaps: LGBTQ+ immigrants from countries with restrictive laws may have difficulty providing documents, such as birth certificates or marriage licenses. Alternative forms of evidence may be required.
• Travel and Residency Requirements: Extended trips outside the U.S. can affect eligibility. LGBTQ+ applicants who have lived abroad for advocacy or personal safety reasons should review their travel history carefully.
• English and Civics Test Preparation: Some applicants struggle with the language and civics test. 

FAQs About LGBTQ+ Naturalization

Who is eligible for naturalization?

Lawful permanent residents (green card holders) who have met residency and good moral character requirements are eligible to apply.

Can my same-sex marriage affect my naturalization application?

Same-sex marriages are recognized under U.S. immigration law. However, proving the legitimacy of the marriage may require additional documentation, especially if it originated in a country that does not recognize LGBTQ+ marriages.

Can I change my name during the naturalization process?

Yes, applicants can request a name change as part of the naturalization process, typically finalized during the oath ceremony.

How long does the naturalization process take?

Processing times vary but generally range from 8 to 14 months from the time of application to the naturalization ceremony.

What happens if I have a criminal record?

Certain criminal offenses can impact eligibility. LGBTQ+ applicants with past legal issues should consult an attorney to assess their case before applying.

Can I apply for naturalization if I obtained asylum due to LGBTQ+ persecution?

Yes. LGBTQ+ individuals granted asylum and later received a green card can apply for naturalization after five years of permanent residence.

Do I need a lawyer to apply for naturalization?

While not required, an immigration attorney can help ensure all requirements are met, provide assistance with documentation, and address any legal complexities.

Final Thoughts

For LGBTQ+ immigrants, naturalization represents a pathway to security, stability, and full participation in U.S. society. Understanding the process, addressing potential challenges, and seeking legal guidance can help ensure a smooth and successful application. Consulting with an experienced immigration attorney can provide essential support in navigating legal requirements and advocating for LGBTQ+ rights throughout the naturalization journey.