New German Dual Citizenship Law: Opportunities for Germans with US Green Cards

Germany’s recent passage of a law allowing dual citizenship marks a significant shift in the country’s approach to nationality. This change presents new opportunities for Germans living abroad, particularly those with US green cards who may now consider pursuing US citizenship without losing their German nationality. This guide outlines the new German law, its implications, and the qualifications for US citizenship.

Understanding the New German Citizenship Law

The new law, in effect on June 28, 2024, is part of a comprehensive overhaul of Germany’s citizenship regulations. Key points include:

1. Allowing Multiple Citizenships: Germans can now hold multiple citizenships without renouncing their German nationality.
2. Shorter Naturalization Period: The required residency period for naturalization in Germany is reduced from eight to five years.
3. Easier Path for Children of Foreign Parents: Simplifies the process for children born in Germany to foreign parents to acquire German citizenship.
4. Language and Integration Requirements: Maintains robust language and integration requirements for those seeking German citizenship.

Implications for Germans with US Green Cards

For German citizens living in the United States with permanent resident status (green card), this new law presents significant opportunities:

1. Option for US Citizenship: Pursue US citizenship without losing German nationality.
2. Maintaining Ties with Germany: Preserve legal connections to Germany while integrating into the US.
3. Flexibility in Travel and Residence: Enjoy greater mobility between the US, Germany, and the EU.
4. Cultural and Family Connections: Embrace American identity while maintaining legal ties to German heritage.

Qualifying for US Citizenship: Key Requirements

With the new German law allowing dual citizenship, many Germans with green cards may now consider pursuing US citizenship. Here are the main qualifications you need to meet:

1. Age Requirement:
   • You must be at least 18 years old to apply for naturalization.
2. Permanent Resident Status:
   • Hold a US Green Card (Permanent Resident Card) for at least 5 years.
   • If married to a US citizen, this requirement reduces to 3 years.
3. Continuous Residence:
   • Reside continuously in the US for at least 5 years immediately preceding your application (or 3 years if married to a US citizen).
   • Not be absent from the US for more than 30 months in total during this period.
4. Physical Presence:
   • Be physically present in the US for at least 30 months out of the 5 years immediately preceding your application.
5. Residency in USCIS District or State:
   • Reside for at least 3 months in the state or USCIS district where you plan to file your application.
6. Good Moral Character:
   • Demonstrate good moral character, particularly during the statutory period (5 years or 3 years for spouses of US citizens).
7. English Language Proficiency:
   • Demonstrate an ability to read, write, speak, and understand basic English.
8. Knowledge of US Government and History:
   • Show knowledge and understanding of US history and government (civics).
9. Oath of Allegiance:
   • Be willing to take the Oath of Allegiance to the United States.
10. Work and Income Requirements:
    • Importantly, there is no specific work requirement for naturalization eligibility.
    • You do not need to have been employed in the United States to be eligible for citizenship.
    • This applies to all green card holders, including those who obtained their green card through the Diversity Visa (DV) lottery program.
    • However, you must show that you have not abandoned your permanent residence in the US.

It’s important to note that while work is not a requirement for citizenship eligibility, having a consistent employment history can sometimes make the naturalization process smoother. However, lack of employment history due to valid reasons (such as being a student, retiree, or homemaker) should not, in itself, be a barrier to naturalization.

Special Considerations for Military Spouses Living Abroad

For German green card holders who are spouses of US military members and are living abroad, there are special provisions that may allow you to apply for US citizenship even while residing outside the United States. Here’s what you need to know:

1. Continuous Residence Exemption:
   • If you are residing abroad with your US citizen spouse who is employed by the US government (including the military) or certain US organizations, you may be eligible for an exception to the continuous residence requirement.
   • This means that your time abroad may be treated as if you were residing in the US for naturalization purposes.
2. Physical Presence Exemption:
   • Similarly, you may be exempt from the physical presence requirement if your absence from the US is due to your spouse’s employment abroad by the US government or certain US organizations.
3. Application Process:
   • You may be able to file your naturalization application from abroad.
   • In some cases, you can complete the entire naturalization process, including the interview and oath ceremony, at a US embassy or consulate abroad.
4. State of Residence:
   • For the purpose of your application, your US residence is typically considered to be your spouse’s US home state.
5. Expedited Naturalization:
   • In some cases, you may be eligible for expedited naturalization under Section 319(b) of the Immigration and Nationality Act.
   • This allows you to apply for citizenship without meeting the usual residency or physical presence requirements if your spouse is deployed abroad.
6. Language and Civics Requirements:
   • You will still need to meet the English language proficiency and US civics knowledge requirements, regardless of where you reside.
7. Good Moral Character:
   • The requirement to demonstrate good moral character still applies, even when living abroad.

It’s important to note that while these provisions make it possible for military spouses to apply for citizenship while abroad, the process can be complex. Each case is unique, and factors such as the nature and duration of your spouse’s deployment, your specific circumstances, and current immigration policies can affect your eligibility and application process.

Important Considerations for all Naturalization Applicants

1. Tax Obligations: Understand potential dual tax reporting requirements.
2. Military Service: Be aware of impacts on security clearances or certain positions if associated with the US military.
3. Voting Rights: Consider the implications of having voting rights in two countries.
4. Consular Protection: Understand how dual citizenship affects consular protection in third countries.

How Vinland Immigration Can Assist

Navigating the complexities of dual citizenship and determining your eligibility for US naturalization can be challenging, especially with unique situations like DV lottery green cards. Vinland Immigration offers comprehensive support:

• Expert guidance on the implications of the new German law
• Assessment of your eligibility for US citizenship
• Assistance with understanding and meeting naturalization requirements
• Consultation on maintaining German citizenship while acquiring US citizenship
• Support throughout the naturalization process, should you decide to proceed

Our team of experienced immigration professionals is dedicated to helping you make informed decisions about your citizenship status and guiding you through every step of the process, regardless of how you obtained your green card.

Conclusion

The new German dual citizenship law opens up exciting possibilities for Germans living in the United States, including those who obtained their green card. It allows for deeper integration into American society without severing ties to Germany. As you consider your options for US citizenship, remember that each situation is unique, and factors such as employment history or lack thereof can be navigated with proper guidance.

Vinland Immigration is here to provide personalized support and expertise to help you navigate this exciting new chapter in your life. Whether you’re just starting to consider US citizenship, ready to assess your eligibility, or have questions about qualifying without a work history, we’re here to ensure you have all the information and support you need.

For more information or to begin evaluating your eligibility for US citizenship, contact our team at Vinland Immigration today!