By Brian Figeroux, Esq. | Editorial Credit: Mehaniq / shutterstock.com 

As the United States approaches a Trump administration in 2025, the rights and security of non-citizens are again under scrutiny. Immigrants who hold green cards (lawful permanent resident status) may find themselves vulnerable to shifting policies, increased enforcement, and the risk of deportation for infractions that might otherwise seem minor. For green card holders, pursuing U.S. citizenship represents not only an opportunity for enhanced rights and benefits but also the most robust defense against deportation—a critical consideration under policies that could prioritize immigration enforcement. To read the complete analysis in our publication, click here, and on our civil rights blog, click here.

This article explores when green card holders can file for citizenship, the numerous benefits of becoming a U.S. citizen, and why obtaining citizenship is the ultimate “deportation inoculation” under an administration that could intensify enforcement actions. Promoted by the Law Firm of Figeroux & Associates as part of its Deportation Inoculation Drive, this initiative aims to educate green card holders on the urgency and advantages of becoming U.S. citizens.

  1. When Can a Green Card Holder File for Citizenship?

Naturalization is the process by which a green card holder becomes a U.S. citizen. To apply for citizenship, lawful permanent residents must meet specific eligibility requirements established under the Immigration and Nationality Act (INA).

General Eligibility Requirements

  1. Five-Year Rule:
    • Most green card holders must have maintained lawful permanent residency for at least five years before applying for citizenship.
    • During this period, applicants must demonstrate good moral character, continuous residence, and physical presence in the U.S.
  2. Three-Year Rule for Spouses of U.S. Citizens:
    • Green card holders married to U.S. citizens may apply for naturalization after three years of continuous residence if they meet all other requirements and remain married to the U.S. citizen spouse.
  3. Military Service:
    • Members of the U.S. Armed Forces may qualify for expedited naturalization without fulfilling the standard residency requirements, particularly during periods of active conflict.

Key Residency and Physical Presence Requirements

  • Continuous Residence: The applicant must have lived continuously in the U.S. for at least five or three years, depending on eligibility rules. Extended trips abroad may disrupt continuous residence unless specific exemptions are granted.
  • Physical Presence: Applicants must be physically present in the U.S. for at least 30 months out of the five years preceding the application (or 18 months out of three years for spouses of U.S. citizens).
  • State Residency: Applicants must reside in the state or USCIS district where they file for at least three months before submitting their application.

Additional Requirements

  • Good Moral Character: Applicants must demonstrate good moral character, which is evaluated based on criminal records, honesty during the application process, and adherence to U.S. laws and societal norms.
  • English and Civics Test: Applicants must pass an English language test and a civics exam unless they qualify for specific exemptions based on age and length of residency.
  1. The Benefits of U.S. Citizenship

Becoming a U.S. citizen offers numerous advantages beyond securing protection against deportation. These benefits are political, economic, legal, and personal, significantly enhancing the quality of life and security for naturalized citizens.

  1. Protection Against Deportation
  • Absolute Security: U.S. citizens cannot be deported, even if they commit criminal offenses that might otherwise render a green card holder deportable. Citizenship acts as a permanent safeguard against removal.
  • Priority in Immigration Enforcement: A Trump administration is expected to intensify immigration enforcement. Citizenship ensures green card holders are not caught up in these enforcement actions, even for minor infractions.
  1. Full Political Participation
  • Voting Rights: Only U.S. citizens can vote in federal elections, including presidential elections. Becoming a citizen empowers individuals to participate in the democratic process and advocate for policies that protect immigrant rights.
  • Eligibility for Public Office: U.S. citizens are eligible to run for public office at all levels of government, including Congress.
  1. Enhanced Travel Privileges
  • U.S. Passport: U.S. citizens can obtain a U.S. passport, granting them visa-free or visa-on-arrival access to over 180 countries. A U.S. passport also ensures access to U.S. consular protection abroad.
  • Global Mobility: Unlike green card holders, U.S. citizens can travel abroad for extended periods without jeopardizing their immigration status.
  1. Expanded Family Immigration Rights
  • Petitions for Family Members: U.S. citizens can sponsor a broader range of family members (including parents, siblings, and married children) for green cards, often with shorter wait times.
  • Citizenship for Children: Children under 18 automatically become U.S. citizens when their parents naturalize, provided certain conditions are met.
  1. Economic and Legal Protections
  • Federal Jobs and Benefits: U.S. citizens gain access to federal jobs and benefits not available to green card holders, including Social Security and Medicare without restrictions.
  • Legal Protections: Citizenship protects against the risk of losing permanent residency due to extended absences, criminal charges, or other issues.
  1. Citizenship as the Best Defense Against Deportation

The Deportation Threat Under a Trump Administration

Donald Trump’s 2016 and 2020 campaigns prioritized aggressive immigration enforcement, focusing on both undocumented immigrants and green card holders with criminal records. His 2025 agenda is expected to expand on these policies, potentially increasing deportations and narrowing the pathways to legal status for many immigrants.

  • Green Card Holder Vulnerability: Green card holders, while legally residing in the U.S., remain subject to removal if they violate immigration laws or commit certain criminal offenses. These include:
    • Drug-related offenses.
    • Crimes involving moral turpitude.
    • Immigration fraud or misrepresentation.
  • Policy Shifts: Under Trump, immigration authorities expanded enforcement priorities to include green card holders with minor infractions. Becoming a U.S. citizen eliminates this risk entirely.

The Deportation Inoculation Drive

Recognizing the urgent need for green card holders to safeguard their futures, the Law Firm of Figeroux & Associates has launched the Deportation Inoculation Drive. This initiative emphasizes the following:

  • Educating Green Card Holders: Providing resources and guidance on the naturalization process, eligibility requirements, and benefits.
  • Legal Assistance: Assisting clients with completing Form N-400 (Application for Naturalization), addressing residency gaps, and preparing for citizenship interviews.
  • Advocacy: Empowering immigrants to protect their families and futures through citizenship.
  1. Barriers to Citizenship and How to Overcome Them

While the benefits of citizenship are clear, many green card holders face obstacles in pursuing naturalization. These challenges include financial costs, fear of failure, and lack of information.

Common Barriers

  1. Financial Costs: The naturalization application fee is $640, with an additional $85 biometric services fee. For low-income applicants, these costs may be prohibitive.
  2. Fear of Denial: Applicants with minor infractions or gaps in continuous residence may fear denial, leading to hesitation in applying.
  3. Lack of Awareness: Many green card holders are unaware of their eligibility or the benefits of citizenship.

Overcoming These Challenges

  • Fee Waivers: USCIS offers fee waivers and reductions for low-income applicants, making citizenship more accessible.
  • Legal Guidance: Figeroux & Associates provides professional support to ensure applications are complete and compelling, minimizing the risk of denial.
  • Educational Campaigns: The Deportation Inoculation Drive educates the community through seminars, workshops, and free consultations.
  1. The Role of Legal Representation

Navigating the naturalization process can be complex, particularly for individuals with unique circumstances. Legal representation ensures a smoother path to citizenship.

Benefits of Hiring an Attorney

  • Eligibility Assessment: Attorneys evaluate eligibility and address potential obstacles, such as criminal records or residency gaps.
  • Application Preparation: Lawyers help clients prepare accurate and complete applications, reducing the risk of delays or denials.
  • Interview Support: Legal professionals provide coaching and representation during citizenship interviews, ensuring clients are prepared to respond confidently.

Figeroux & Associates: Advocating for NYC Immigrants

Located in Brooklyn, the Law Firm of Figeroux & Associates has a proven track record of advocating for immigrant rights. Their Deportation Inoculation Drive reflects a commitment to protecting NYC’s diverse immigrant population from the uncertainties of shifting federal policies.

Conclusion

In a political landscape where immigration policies remain uncertain, U.S. citizenship is the strongest safeguard for green card holders. The Law Firm of Figeroux & Associates’ Deportation Inoculation Drive offers a critical lifeline, providing education and legal support to ensure NYC’s immigrant community can navigate the path to citizenship confidently. By taking this step, green card holders secure their place in America’s future—free from the risks of deportation and with full access to the rights and privileges of citizenship.