Pathways to US Citizenship for Indian Nationals

Travelling to the USA for work has become a significant ambition for many people living in India. However, the US work visa expires after five years, prompting many to seek permanent residence and eventually US citizenship.

Understanding Naturalisation

Naturalisation is the process by which immigrants acquire US citizenship after fulfilling a series of requirements. It applies to certain individuals, such as green card holders or those meeting specific military service criteria. For those considering moving to the USA from India, this guide provides detailed information on eligibility, the application procedure, required documents, and more.

Eligibility for US Citizenship for Indians

Individuals not born to US parents or not born in the USA can still become US citizens through naturalisation. Before diving into the eligibility criteria, it is essential to understand the difference between a green card and citizenship.

A green card allows individuals to become permanent residents of the US, while citizenship grants full rights and privileges, including the ability to vote in federal elections. Both statuses allow indefinite stay in the US, but only citizens can participate in federal elections and hold certain government positions.

Eligibility Criteria

If you are wondering how to become a us citizen from India? Applicants must meet the following criteria to apply for and acquire US citizenship:

1. Age: Applicants must be at least 18 years old.
2. Residency:

   • Unmarried applicants must have held a green card for five years.

   • Applicants married to US citizens must have held a green card for three years.

   • Applicants should not have taken trips longer than six months outside the US during the required residency period.

3. State Residency: Applicants must have lived in the state where they plan to apply for citizenship for at least three months.
4. Military Service: Widows or widowers of US citizens who died honourably serving in the military can apply at any time. Individuals who served in the US military for at least one year, or even less during peacetime, can also apply under specific conditions.
5. Language Proficiency: Applicants must be proficient in basic written and spoken English.
6. Civics Knowledge: Applicants must pass a two-part test covering English language skills (reading, writing, speaking) and knowledge of US history and government.
7. Civic Duties: Applicants must be willing to perform civil services duties and register for military service if required.
8. Moral Character: Proof of good moral character is necessary.
9. Oath of Allegiance: Applicants must swear allegiance to the US and be willing to defend the US Constitution.

Exceptions to the Qualifying Two-Part Test

In this journey of understanding how to get US citizenship for Indian, it is important to learn about qualifying tests. While the two-part test is crucial for the naturalisation process, there are exceptions:

1. Age and Residency:

• Applicants aged 50 or older with 20 years as a green card holder are exempt from the civics test.
• Applicants aged 55 or older with 15 years of experience as green card holders are also exempt from the civics test.
• Applicants aged 65 or older with 20 years as green card holders will take a simplified civics test.

2. Medical Disabilities: Applicants with medical disabilities lasting or expected to last at least 12 months can be exempted from both the English and Civics tests with an approved waiver.

Application Process for US Citizenship

For those seeking information on how to get US citizenship for Indians, here are the steps to follow for the naturalisation process:

1. Form N-400: Download and fill out Form N-400, the application for naturalisation. This can be done online or by mailing a paper application.
2. Documentation: Gather and prepare necessary documents, ensuring accurate and appropriate data is filled in the form.
3. Submission and Fees: Submit the form and pay the applicable fees online. Keep the receipt for future reference.
4. Biometrics Appointment: Attend a biometrics appointment to register fingerprints at the nearest USCIS field office.
5. Interview: USCIS will schedule an interview to verify the documents and details provided in the application. This usually happens around 14 months after filing.
6. Naturalization Test: Take the two-part naturalisation test during the interview. Study materials will be provided by USCIS.
7. Oath of Allegiance: Upon approval, take the Oath of Allegiance at a scheduled ceremony to receive the Certificate of Naturalisation.

Required Documents for US Citizenship

For those who wish to understand how to become a US citizen from India, before applying, ensure the following documents are ready:

• Proof of Permanent Resident status (Green Card)

• Proof of identity

• Two passport-size photographs

• Marriage certificate (if applicable)

• Marriage annulment certificate (if applicable)

• Divorce decrees (if applicable)

• Death certificate of a previous spouse (if applicable)

• Documents supporting any medical disability

• Fee reduction or waiver application (if applicable)

• Documents related to the request for representation by an attorney (if applicable)

Application Fees

The US government charges a fee of $725 for the naturalisation process, which includes a $640 processing fee and an $85 fee for biometric services.

Extending Citizenship to Family Members

US citizens can apply for citizenship for their family members, including spouses, children, parents, and siblings. Children can gain derivative citizenship before turning 18 if their parents are US citizens.

Avoiding Application Rejection

Several factors can lead to the rejection of a US citizenship application and therefore it is essential to know these reasons when thinking about how to get US citizenship for Indians:

1. Discrepancy in Green Card Status: Maintain a valid green card and proper residency.
2. Accurate Documentation: Provide genuine and accurate information and documents.
3. Passing the Naturalisation Test: Study and prepare for the English and Civics tests.
4. Clean Criminal Record: Avoid any involvement in criminal activities.
5. Tax Obligations: Ensure all taxes are paid, and there are no outstanding payments.

Benefits of US Citizenship

US citizenship offers several advantages:

1. Voting Rights: US citizens can vote in federal elections.
2. Freedom from Immigration Formalities: No need to renew green cards or file immigration forms.
3. Employment Opportunities: Access to government jobs and better pay scales.
4. Family Benefits: Extend permanent residence to family members.
5. US Passport: Visa-free access to over 180 countries and territories worldwide.

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Taxes and Financial Considerations for Indian U.S. Citizens

Being a US Citizenship for Indian living in India or holding dual citizenship (U.S. and Indian) comes with specific tax obligations and financial considerations. The U.S. taxes its citizens on worldwide income, while India taxes based on residency status. Understanding both systems is crucial to avoid penalties and optimise your finances.

1. Income Tax Obligations

a) U.S. Taxes

Worldwide Income: As a USA citizenship for an indian, you must report all income earned globally, including salary, rental income, dividends, and interest.

Filing Requirements: Annual filing of Form 1040 with the IRS is mandatory, regardless of your residency.

Foreign Tax Credit (FTC): To avoid double taxation, you can claim taxes paid in India against U.S. tax liabilities. Form 1116 is used to report this credit.

Foreign Earned Income Exclusion (FEIE): You may exclude up to $120,000 (approx.) of foreign-earned income (subject to limits) using Form 2555.

b) Indian Taxes

Residency Status Matters: India taxes based on your residency:

• Resident and Ordinarily Resident (ROR): Taxed on worldwide income.

• Non-Resident (NRI): Taxed only on income earned in India.

Income Types: Salaries, business income, capital gains, dividends, and rental income earned in India are subject to Indian taxation.

2. Double Taxation Avoidance Agreement (DTAA)

India and the U.S. have a DTAA to prevent double taxation.
You can offset Indian taxes paid against U.S. taxes using the Foreign Tax Credit.
DTAA provisions vary based on income type (salary, interest, capital gains, etc.), so careful planning is necessary.

3. Banking and Reporting Requirements

a) Indian Bank Accounts

U.S. citizens must report foreign accounts with a balance exceeding $10,000 on FBAR (FinCEN Form 114).

FATCA Compliance: Indian banks report certain account information to the IRS to comply with FATCA regulations.

b) Investments

Mutual funds, stocks, and real estate in India may trigger reporting requirements in the U.S.
Certain Indian investments, like PPF (Public Provident Fund), may still require U.S. tax reporting, even if exempt from Indian tax.

4. Retirement and Social Security Considerations

Contributions to Indian retirement schemes like EPF may be recognised for U.S. social security under the Totalization Agreement.

Social security benefits in the U.S. may be taxable in India depending on the DTAA provisions.

5. Estate and Gift Taxes

U.S. citizens are subject to U.S. estate and gift taxes on worldwide assets.
Estate planning is important if you hold significant assets in India.

Travel and Insurance Considerations

When planning trips, whether for work or leisure, American citizenship for an indian should also consider comprehensive travel insurance for travelling. Options include travel insurance for a trip, trip insurance travel, trip holiday insurance, or insurance for a trip.

You can conveniently buy travel policy insurance, insurance for travelling, travel insurance online, trip insurance online, online holiday insurance, or travel online insurance to secure your trip and ensure coverage for emergencies abroad.

6. Citizenship Questions

Many Indians explore how to get US citizenship for an Indian, how to become a US citizen from India, or the benefits of USA citizenship for an indian. Understanding your tax and travel obligations is crucial before pursuing dual citizenship or relocation.

Importance of Travel Insurance

While acquiring US citizenship is a goal for many, others travel for vacations, education, or other purposes. Travel insurance is essential for financial safety, covering uncertainties before, during, or after travel.

Niva Bupa offers international travel insurance with a range of benefits, including trip cancellation, curtailmen, medical evacuation, accidental death, and baggage loss. Choose a travel insurance plan based on the destination, travel frequency, trip duration, claim limit, and the people travelling.

Applying for US citizenship for Indians is a straightforward process if you meet the eligibility criteria and submit the required documents accurately. Understanding the steps and requirements can help ensure a smooth application process, allowing you to enjoy the many benefits of being a US citizen.

FAQs

1. What is the current wait time for the naturalisation process?

   The average processing time is about nine months. However, the entire duration can vary between 18 to 24 months, depending on individual circumstances, from applying for US citizenship to taking the Oath of Allegiance.

2. What is the outcome if I fail the two-part test for the naturalisation process?

   If you fail the test the first time, you will have an opportunity to retake it at a later date. However, if you fail the test a second time, you will receive a denial letter from the USCIS. You can either appeal the decision within one month or reapply for citizenship.

3. What is the difference between naturalisation and citizenship?

   Citizenship is the status of being a US citizen. Naturalisation is the process through which immigrants can apply for and obtain US citizenship for Indians. Eligible candidates undergo a series of steps, including submitting an application, attending a biometrics appointment, participating in an interview, passing the naturalisation test, and taking the Oath of Allegiance.

4. What happens to my Indian passport after I get US citizenship?

   You will need to surrender your last-held Indian passport to the Indian Consulate for cancellation.

5. Does India allow dual citizenship?

   According to the Constitution of India, individuals cannot hold Indian citizenship and citizenship of another country simultaneously.

6. Can I travel to India after applying for the US naturalisation process?

   Yes, you can travel to India after applying for naturalisation, provided there are no legal impediments. However, if your trip lasts 180 days or more, the USCIS may determine that you have not met the continuous residence requirement and deem you ineligible for naturalisation.

7. How many times can I apply for the US citizenship naturalisation process?

   There is no limit on the number of times you can apply for naturalisation. However, you will need to pay the applicable fees each time you submit an application.

8. How to Become a US Citizen from India

   Becoming a US citizen from India involves a structured process that starts with obtaining permanent residency (Green Card) and meeting eligibility requirements for naturalisation. Here’s a step-by-step overview:

    

   Obtain a Green Card: Indian citizens need to first hold a Green Card for at least 5 years (or 3 years if married to a US citizen).

   Meet Residency Requirements: You must have continuous residence in the USA and be physically present for at least 30 months in the last 5 years.

   Demonstrate Good Moral Character: This includes a clean criminal record and adherence to US laws.

   Pass the US Citizenship Test: Applicants must pass English language and civics tests to demonstrate knowledge of American history, government, and language skills.

   Take the Oath of Allegiance: The final step is the oath ceremony, officially granting US citizenship.

9. Which Is the Fastest Way to Get a Green Card in the USA?

   The fastest pathways for Indian citizens to obtain a Green Card are:

• Family-Sponsored Green Card: Marriage to a US citizen or being an immediate relative can speed up the process.
• Employment-Based Green Card (EB-1): Highly skilled professionals, researchers, and executives may qualify under EB-1, which has a shorter processing time compared to other employment categories.
• Investment-Based Green Card (EB-5): Indians investing a minimum of $800,000–$1 million in a US business creating jobs can obtain a Green Card faster than regular employment pathways.
• Once you obtain a Green Card, you can work toward US citizenship.

10.Is It Easy to Get USA Citizenship for Indians?

1. Obtaining US citizenship for Indian nationals is a multi-step process and requires careful planning:

• The process can be lengthy, often taking 5–10 years, including Green Card waiting periods, depending on the category.

• Eligibility criteria such as residency, good moral character, and knowledge of English and civics must be strictly met.

• Many applicants choose to consult immigration experts to ensure a smooth application process

• While not necessarily “easy,” Indian citizens with proper planning, legal guidance, and timely document preparation can successfully obtain US citizenship.