How to Apply for a US Passport as an EB-3 Green Card Holder?

Securing a U.S. passport is often the ultimate goal for those who’ve gone through the lengthy immigration process to obtain a green card, especially through the EB-3 category. For EB-3 green card holders, the journey toward U.S. citizenship and the privilege of holding a passport requires meeting specific eligibility requirements and completing a detailed naturalization process. Becoming a U.S. citizen offers enhanced freedoms, including the right to a U.S. passport, which allows easier global travel and reinforces the full transition to American life.

This guide breaks down the path to applying for a U.S. passport, focusing on EB-3 green card holders and their route to citizenship through naturalization.

Understanding US Passport Application for EB-3 Green Card Holders

Holding an EB-3 green card opens many doors, including access to job opportunities, healthcare benefits, and travel privileges. However, having a green card alone does not automatically grant eligibility for a U.S. passport. Only U.S. citizens can apply for a U.S. passport, which means EB-3 green card holders must first convert their status from permanent resident to citizen through the naturalization process, which requires five years of permanent residency in the U.S.

So, to answer the question, “Can an EB-3 green card be converted to a US passport?”—yes, but the green card itself must first lead to U.S. citizenship before passport application becomes possible.

This process begins with meeting naturalization eligibility requirements, which focus on residency, moral character, and other criteria designed to confirm a candidate’s readiness for citizenship. Once you complete these steps, you’re eligible to apply for U.S. citizenship, after which you can then pursue your U.S. passport application.

Also Read: EB-2 EB-3 Visa: Trends & Predictions

Eligibility Criteria for Naturalization

Naturalization in the United States requires applicants to meet several eligibility criteria, particularly for EB-3 Green Card holders. Below is a detailed overview of the key requirements:

1. Residency Requirements for EB-3 Green Card Holders

EB-3 Green Card holders must generally fulfill the continuous residence requirement of five years before applying for naturalization. However, if they are married to a U.S. citizen, this period is shortened to three years. Continuous residence means that the applicant must have maintained residence in the U.S. without significant interruptions during this time.

2. Physical Presence in the United States

In addition to continuous residence, applicants must demonstrate physical presence in the U.S. for atleast 30 months within the five years preceding their application. For those married to U.S. citizens, this requirement is reduced to 18 months within three years. Physical presence is calculated based on the actual days spent in the U.S., where both the day of departure and return count as days of presence.

3. Understanding Good Moral Character

Applicants must also show evidence of good moral character for the statutory period before applying for naturalization, which is typically five years or three years if married to a U.S. citizen. This assessment includes reviewing an applicant’s criminal history, adherence to laws, and overall conduct during this period. Certain offenses may disqualify an applicant from demonstrating good moral character.

4. English Language Proficiency Requirements

Naturalization applicants are required to demonstrate proficiency in English, which includes reading, writing, and speaking skills. You must read out loud three sentences. There are exceptions for older applicants (over 50 years old and having lived in the U.S. for at least 20 years commonly referred to as the “50/20” exception) and individuals with certain disabilities that hinder their ability to learn English. If this exemption applies, you will be permitted to take the CIVICS test in your native language.

5. Knowledge of U.S. History and Government

Applicants must also pass a civics test that assesses their knowledge of U.S. history and government as part of the naturalization process. This includes questions about the Constitution, branches of government, and significant historical events. The USCIS provides study materials to help applicants prepare for this test. 

What Happens if you fail your Naturalization Interview? 

You will be given two attempts to take the English and civics tests and to answer all questions relating to your naturalization application in English. If you fail any of the tests at your initial interview, you will be retested on the portion of the test that you failed (English or civics) between 60 and 90 days from the date of your initial interview.

EB-3 Green Card holders seeking naturalization must navigate multiple requirements related to residency, physical presence, moral character, language proficiency, and civic knowledge to successfully achieve U.S. citizenship. For those wondering, “Can an EB-3 green card be converted to a US passport?” These criteria must be met first before proceeding to the next steps of naturalization.

Understanding the nuances of these requirements can be challenging, but a skilled immigration attorney like Sweta Khandelwal can help clarify and streamline the process.

Application Process for Naturalization

The naturalization process in the United States involves several key steps, from applying for taking the Oath of Allegiance. Here’s a detailed overview of the application process:

Step 1. Determine if You Are Already a U.S. Citizen

Before starting the application, confirm if you are already a U.S. citizen. If you weren’t born in the U.S. and haven’t derived or acquired citizenship through a parent or birthright, continue with the naturalization process.

Step 2. Determine if You Are Eligible to Become a U.S. Citizen

Not everyone is immediately eligible for U.S. citizenship upon obtaining a green card. As an EB-3 green card holder, you must meet certain requirements.

To confirm eligibility:

• Residency Requirements: You must have been a lawful permanent resident (LPR) for at least five years. If you are married to a U.S. citizen, this waiting period may be reduced to three years.
• Continuous Presence: Demonstrate that you’ve been physically present in the U.S. for at least 30 months out of the last five years (or 18 months if married to a U.S. citizen).
• Good Moral Character: USCIS assesses moral character, ensuring that applicants meet conduct standards, have no serious criminal records, and have complied with U.S. laws.
• Understanding English and Civics: The process includes a test to measure your understanding of basic English and U.S. history and government, though some exceptions may apply.

To further assess eligibility, the USCIS provides a Naturalization Eligibility Worksheet that you can use to verify if you meet the required criteria. USCIS also offers a Naturalization Interview Test Video Series.

Step 3. Prepare Your Form N-400, Application for Naturalization

The N-400 form, Application for Naturalization, officially initiates the naturalization process. This form is available both online and in print, but using the online system can streamline the process by allowing you to manage your application more easily.

To complete Form N-400:

• Create a USCIS Online Account: Start by creating an account to access the form and instructions. It is also possible to file your application by mail along with supporting evidence.
• Fill Out the Application: Carefully read the instructions for each section of Form N-400 to avoid mistakes.
• Gather Required Documents: Evidence of eligibility is crucial, including proof of residency, identity verification, and any specific documents USCIS may require. You’ll need to collect your green card, proof of continuous residence, and any supporting documents.
• Passport-Style Photos: If you reside outside of the U.S., include two recent passport-style photos with your application.

Use the Document Checklist provided by USCIS to ensure you have all necessary documentation before submitting the form.

Step 4. Submit Form N-400 and Pay the Required Fees

After thoroughly reviewing your form and ensuring all supporting documents are included, submit Form N-400. You can also file this by mail by mailing your application with supporting evidence to a Lock-Box.

What to expect:

• Receipt Notice: After USCIS receives your application, they’ll send a receipt notice confirming its acceptance. You can use your online USCIS account to track the application status and case processing times.
• Fee Payment: The application fee can be paid online, though the amount varies depending on specific factors, such as age and application type. As of April 1, 2024, the fee for filing Form N-400, Application for Naturalization, is $760 for paper filings and $710 for online filings:

• Paper filing: The fee for filing Form N-400 by paper is $760. This fee includes the biometrics fee.
• Online filing: The fee for filing Form N-400 online is $710. This fee includes the biometrics fee

Step 5. Attend Your Biometrics Appointment (If Applicable)

Once USCIS processes your application, they may require biometrics for identification and security. If applicable, you will receive an appointment notice with the date, time, and location of your biometrics appointment. This step is essential to maintain the accuracy and integrity of the naturalization process.

What to do at your appointment:

• Arrive on Time: Bring your appointment notice and identification documents.
• Complete Biometrics: USCIS will take your fingerprints, photograph, and possibly your signature. Biometrics data is crucial for background checks and identity verification.

Step 6. Complete the Naturalization Interview

Following the biometrics, USCIS will schedule a naturalization interview. During the interview, a USCIS officer will assess your application details, verify your identity, and administer two tests—English proficiency and civics (U.S. history and government). The interview is a pivotal part of the naturalization journey.

Here’s what to prepare for the interview:

• Appointment Notice: Bring your appointment notice and any requested identification.
• Supporting Documents: Bring originals of documents you submitted with your Form N-400.
• Prepare for Tests: The interview includes an English and civics test. The English test evaluates basic reading, writing, and speaking skills, while the civics test covers fundamental knowledge of U.S. history and government.

Step 7. Receive a Decision on Your Application

After the interview, USCIS will issue a decision on your Form N-400. The outcomes may include:

• Granted: If your application is approved, you’ll move on to the next step—taking the Oath of Allegiance.
• Continued: USCIS may continue or delay your application if additional documentation is required or if you didn’t pass the English and/or civics test.
• Denied: Your application may be denied if USCIS finds evidence suggesting ineligibility. If denied, you will receive an explanation and, in some cases, may be able to appeal the decision or reapply. You will have to submit an I-290B, Notice of Appeal, or Motion to appeal the decision. This notice of appeal will go to the Office that made that decision.

Step 8. Receive a Notice for the Oath of Allegiance

Once approved, you will receive a notice detailing when and where to take the Oath of Allegiance, marking the final step in becoming a U.S. citizen. Some USCIS offices may allow applicants to take the oath the same day as their interview, while others may schedule a separate ceremony.

Step 9. Take the Oath of Allegiance to the United States

The Oath of Allegiance ceremony is a milestone moment. Until you’ve taken the oath, you are not yet a U.S. citizen. Here’s what to expect:

• Complete Form N-445: Before the ceremony, complete this form (Notice of Naturalization Oath Ceremony).
• Check-In: Arrive at the ceremony location with Form N-445 and your appointment notice. A USCIS officer will review your responses and verify your eligibility for the oath.
• Return Your Green Card: You will need to surrender your Permanent Resident Card as part of this final step.
• Take the Oath: Recite the Oath of Allegiance. This oath includes pledging loyalty to the United States and renouncing prior allegiances.
• Receive Your Certificate of Naturalization: After the ceremony, you’ll be given your Certificate of Naturalization. Check it carefully and report any errors to USCIS before leaving.

Step 10. Embrace U.S. Citizenship: Rights and Responsibilities

Becoming a U.S. citizen comes with a variety of rights, such as voting and applying for federal jobs, as well as responsibilities like adhering to U.S. laws and serving on juries when called. Citizenship is a unifying thread among Americans, and naturalized citizens are encouraged to actively participate in civic life.

Also Read: Permanent Work Visas/Employment-based Green Cards

Post-Naturalization Steps

After completing the naturalization process and taking the Oath of Allegiance, new U.S. citizens should take several important steps to fully integrate into their new status. Here’s a guide on what to do next:

1. Receive Your Certificate of Naturalization

You will receive your Certificate of Naturalization upon taking the Oath of Allegiance. This document is proof of your U.S. citizenship and is essential for various legal purposes.

2. Apply for a U.S. Passport

• Importance: A U.S. passport is crucial for international travel and is a primary form of identification. No longer subjected to any travel restrictions, you may leave the country and return as you wish.
• Application Process: You can apply for a passport through the U.S. State Department. Complete Form DS-11 (Application for a U.S. Passport) and submit it in person at designated acceptance facilities or passport agencies.

3. Register to Vote

• Eligibility: As a U.S. citizen, you have the right to vote in elections.
• Registration Process: Check your state’s voter registration requirements and register online, by mail, or in person before the deadline for upcoming elections.

4. Update Your Social Security Record

• Notification: Inform the Social Security Administration (SSA) of your new citizenship status.
• Process: Complete Form SS-5 (Application for a Social Security Card) to update your records and obtain a new card if necessary.

5. Review Immigration Documents

Ensure that all immigration-related documents, such as your green card or any previous visas, are properly stored and noted as obsolete since you are now a citizen.

6. Understand Your Rights and Responsibilities

Familiarize yourself with the rights and responsibilities that come with being a U.S. citizen, including civic duties like serving on juries and participating in civic life.

7. Consider Additional Benefits

Explore benefits available to citizens, such as eligibility for federal jobs, government grants, and other programs that may not be accessible to non-citizens. U.S. citizens can obtain a U.S. passport, which allows visa-free or visa-on-arrival travel to many countries. The U.S. passport also provides protection and assistance through U.S. embassies abroad. 

Can run for office, U.S. citizens can run for various elected positions (except President and Vice President), allowing them to serve their communities, represent constituents, and influence policy. U.S. citizens can sponsor a wider range of family members for green cards, including spouses, children, parents, and siblings, and these family members typically have shorter wait times for visas.

Once these post-naturalization steps are complete, you’ll be eligible to apply for a U.S. passport. Remember, to go from EB-3 green card holder to a passport holder, naturalization and subsequent documentation are required.

Legal guidance by the law offices of Sweta Khandelwal can also assist in ensuring all your records are up-to-date, so your transition to citizenship is seamless.

Applying for a US Passport

Applying for a U.S. passport involves several steps that must be followed carefully to ensure a smooth process. Here’s a detailed guide on how to apply for a U.S. passport, including necessary documents and procedures.

1. Determine Your Eligibility

To apply for a U.S. passport, you must be a U.S. citizen or a U.S. national. First-time applicants aged 16 and over must appear in person, while minors under 16 must also apply in person with both parents present.

2. Gather Required Documents

You will need to prepare the following documents:

• Completed Application Form: Use Form DS-11 for first-time applicants. Do not sign it until instructed by a passport acceptance agent.
• Proof of U.S. Citizenship: Provide one of the following:

• A certified birth certificate (not a hospital certificate or photocopy).
• A Certificate of Naturalization.
• A previously issued, valid U.S. passport (can be expired).

• Photo Identification: Present a government-issued photo ID (e.g., driver’s license) and a photocopy of the front and back.
• Passport Photo: One recent passport-sized photo that meets the U.S. Department of State’s requirements.
• Payment: Bring payment for the application fee, typically made by check or money order payable to “U.S. Department of State,” along with any execution fees if applying through an acceptance facility.

3. Schedule an Appointment

For first-time applicants and those applying for minors, you must schedule an appointment at an authorized passport acceptance facility, such as a post office or library that offers passport services. You can often do this online or by calling the facility directly.

4. Submit Your Application

During your appointment:

• Present your completed Form DS-11 and all required documents.
• Sign the application in front of the acceptance agent.
• Pay the applicable fees.

5. Track Your Application

After submitting your application, you can track its status online through the U.S. State Department’s website. Processing times can vary, so it’s advisable to apply well in advance of any planned travel.

Summary of Fees

U.S. passport costs range from $130 to $214.53, depending on your specific needs.

• Application Fee: Varies based on the type of passport (book, card, or both).
• Execution Fee: Typically around $35 if applying through an acceptance facility.
• Passport Photo Fee: Additional charges may apply if you have your photo taken at the facility.

By following these steps and ensuring you have all the required documentation, you can successfully navigate the process of applying for a U.S. passport.

Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide

Receiving and Using the US Passport

Once you have received your U.S. passport, it serves as a crucial document for international travel and identification. Here’s how to effectively use and maintain your passport:

1. Understanding Your Passport

• Proof of Citizenship: A valid U.S. passport is conclusive proof of U.S. citizenship and is necessary for re-entering the United States after traveling abroad.
• Validity: Ensure your passport is valid for at least six months beyond your intended return date, as many countries require this for entry.

2. Traveling with Your Passport

• International Travel: You must present your passport when leaving or entering the U.S. It is illegal to enter or exit the country without a valid passport.
• Visa Requirements: Check if the country you are visiting requires a visa in addition to your passport. Some countries allow visa-free travel for U.S. citizens, while others may require a visa obtained before arrival.

3. Passport Safety and Maintenance

• Storage: Keep your passport in a safe place when not in use. Consider using a travel wallet or pouch to protect it during trips.
• Report Loss or Theft: If your passport is lost or stolen, report it immediately to the nearest U.S. embassy or consulate and apply for a replacement using Form DS-11.

4. Using Mobile Passport Control (MPC)

• Streamlined Entry: The Mobile Passport Control app allows eligible travelers to submit their passport information and customs declaration electronically, reducing wait times at customs.
• Eligibility: U.S. citizens can use this app at designated airports and cruise ports, making entry into the U.S. more efficient.

5. Renewing Your Passport

• Renewal Process: If your passport is expiring soon (typically within six months), you should renew it promptly. For most applicants, this can be done by mail using Form DS-82 if you meet specific criteria.
• First-Time Renewal: If you do not qualify for mail renewal, you must apply in person using Form DS-11.

So to answer the question again, “Can an EB-3 green card be converted to a US passport?”—yes, but only after obtaining citizenship. And once you hold a U.S. passport, you’re officially a citizen, with all the rights and responsibilities that come with it.

Staying informed about passport validity and renewal can be made easier with expert advice from those experienced in immigration policies like the team of Sweta Khandelwal.

Conclusion

The path from an EB-3 green card holder to a U.S. passport holder is a multi-step process requiring commitment, patience, and preparation. For EB-3 green card holders wondering, “Can EB-3 green card be converted to a US passport?”, the answer lies in fulfilling the requirements for naturalization. By meeting residency requirements, demonstrating good moral character, and passing the necessary tests, EB-3 green card holders can achieve U.S. citizenship, the only way to obtain a US Passport.

Applying for a U.S. passport as an EB-3 green card holder involves naturalization, filing the correct forms, and maintaining the status and character needed to qualify for citizenship. Upon receiving U.S. citizenship, EB-3 green card holders can then enjoy the benefits of a U.S. passport, including increased travel freedom and the rights afforded to U.S. citizens globally.

If you’re ready to start on this journey, contact The Law Offices of Sweta Khandelwal for expert guidance. Located in the Bay Area with offices in San Jose, San Francisco, and Palo Alto, Sweta Khandelwal brings over 18 years of experience to her practice, specializing in business immigration, family immigration, visas, green cards, and citizenship matters.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.