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Green Card vs. Citizenship for OFWs: Rights & Naturalization

Green Card vs. Citizenship for OFWs: Rights & Naturalization

Many Filipinos in the United States hold Lawful Permanent Resident (LPR) status, commonly known as having a "Green Card." This status grants the right to live and work permanently anywhere in the U.S. However, LPR status has limitations and responsibilities. It doesn't include the right to vote in federal elections, can be revoked under certain circumstances (like committing serious crimes or abandoning U.S. residence), and involves restrictions on extended travel abroad. For Filipinos seeking the full rights and security offered by the U.S., the next step is often pursuing U.S. citizenship through a process called naturalization.

Understanding the Key Differences: LPR vs. U.S. Citizen

While LPRs enjoy many privileges, U.S. citizenship offers distinct advantages:

  • Voting and Political Participation: Only U.S. citizens can vote in federal elections, run for most federal offices, and serve on federal juries. LPRs are generally prohibited from these activities.
  • Security from Deportation: U.S. citizens have the absolute right to reside in the U.S. and cannot be deported, except in very rare cases involving fraud in obtaining citizenship. LPRs can lose their status and face deportation for various reasons, including certain criminal convictions or abandoning U.S. residency.
  • International Travel: Citizens travel with a U.S. passport and face fewer restrictions on time spent abroad. LPRs need their Green Card for reentry and must be mindful of rules regarding extended absences, potentially needing a Re-entry Permit for longer trips.
  • Federal Employment: Many federal government jobs, especially those requiring security clearances, are open only to U.S. citizens.
  • Family Petitioning: U.S. citizens can petition for a wider range of family members (including parents, married children, and siblings) compared to LPRs (limited to spouses and unmarried children). Petitions for immediate relatives of citizens often process faster as they are not subject to annual visa limits.

LPRs must obey all laws, file taxes, report address changes to immigration authorities, and, if male aged 18-26, register for Selective Service. Citizens share these responsibilities but also pledge allegiance to the U.S. Constitution.

The Path to Citizenship: Naturalization

Naturalization is the process for LPRs to become U.S. citizens. The most common pathway involves these general requirements:

  • Eligibility: Be at least 18 years old.
  • LPR Status: Have been an LPR for at least five years (or three years if married to and living with a U.S. citizen for that period).
  • Residency: Meet continuous residence (maintaining primary home in the U.S.) and physical presence (spending a specific amount of time physically in the U.S.) requirements during the qualifying period (typically 30 months out of 5 years, or 18 months out of 3 years for spouses of citizens). Also requires living in the state/district of application for at least three months.
  • Good Moral Character: Demonstrate good moral character during the statutory period. Certain criminal acts or failures (like not paying taxes or child support) can negatively impact this.
  • English & Civics Knowledge: Pass tests demonstrating basic English proficiency (reading, writing, speaking) and knowledge of U.S. history and government (civics). Exemptions exist based on age, time as an LPR, or disability.
  • Attachment to Constitution: Show allegiance to the principles of the U.S. Constitution and be willing to take the Oath of Allegiance.

The Naturalization Process Steps

The journey typically involves:

  • Application: Filing Form N-400, Application for Naturalization, with U.S. Citizenship and Immigration Services (USCIS), including required documents and the filing fee (fee waivers or reductions may be available for eligible applicants).
  • Biometrics: Attending an appointment for fingerprinting and photos for background checks.
  • Interview: Attending an interview where a USCIS officer reviews the application, asks questions, and administers the English and civics tests.
  • Decision: Receiving a decision (granted, continued for more information, or denied).
  • Oath Ceremony: If granted, attending a ceremony to take the Oath of Allegiance, turn in the Green Card, and receive the Certificate of Naturalization, officially becoming a U.S. citizen.

Special Considerations for Filipinos: Dual Citizenship

A unique aspect for Filipinos is the Philippines' Republic Act 9225 (Citizenship Retention and Re-acquisition Act). This law allows natural-born Filipinos who become citizens of another country (like the U.S.) to retain or reacquire their Philippine citizenship by taking a specific oath at a Philippine embassy or consulate. This enables holding both U.S. and Philippine citizenship, offering rights and privileges in both nations. This is a separate process handled through Philippine authorities.

Conclusion

Transitioning from a Green Card holder to a U.S. citizen is a significant step for Filipinos seeking full participation and security in American life. Understanding the differences between LPR and citizen status, meeting the naturalization requirements—including residency, good moral character, and knowledge tests—and navigating the application process are key. For Filipinos, the option of dual citizenship under RA 9225 adds another dimension to consider. While the path requires diligence, achieving U.S. citizenship offers the ultimate stability and the full rights and responsibilities of belonging to the United States. Community resources are often available to assist applicants through this important journey.