Citizenship

The legal term, and term used by USCIS, for the process of acquiring United States Citizenship is "Naturalization”. To naturalize, a Lawful Permanent of Resident of the U.S. applies for citizenship after he or she has met certain requirements. Applicants for citizenship must be at least 18 years old and must establish that they qualify to become U.S. citizens based on residence and physical presence; good moral character; knowledge of the English language, U.S. history and government; and loyalty to the United States. There are exceptions and exemptions to the requirements for military personnel. The entire process to become a U.S. Citizen varies by jurisdiction; however, the normal time frame is between nine months and eighteen months.

Residency and Physical Presence

In order to qualify for citizenship, an applicant must be a Lawful Permanent Resident, i.e., the holder of a "green card" and have lived in the U.S. for a certain period of time. If the applicant became a permanent resident based upon marriage to a U.S. citizen, he/she may apply for citizenship after three years from the time permanent residence or conditional residence was obtained provided he/she is still living with the U.S. Citizen spouse at the time of filing the application. Otherwise, the applicant must have resided continuously in the U.S. for at least five years.

An applicant for citizenship must be physically present in the U.S. for at least one-half of the 5 years (or one-half of the 3 years if spouse of a U.S. Citizen) immediately preceding the application. He/she may not have any single absence from the U.S. of more than one year. Absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period. If a person is found to have broken the continuity of residence, he/she may reapply for citizenship 4 years and 1 day following the date of return to the U.S. to resume residency (or 2 and 1 day if under the 3 year rule for spouses of U.S. Citizens).

An applicant must reside within the state in which the application is filed for at least three months.

The USCIS treats time spent in the service of the U.S. Armed Forces as time physically present in the U.S., even if the applicant was out of the country. Other exceptions to the physical presence requirement apply to certain employees working abroad for the U.S. government, American research institute, U.S. firm engaged in the development of foreign trade or commerce, or, public international organization; however, the applicant must first have obtained approval to preserve U.S. residency.

Good Moral Character

Another requirement is that an applicant for citizenship be a person of "good moral character" during the required permanent residency period (typically five years or three years if married to U.S. citizen immediately preceding the application).[1]  

An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the 5 years (or 3 years if married to a U.S. Citizen) immediately preceding the application he or she:

·        has committed and been convicted of one or more crimes involving moral turpitude

·      has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more

·      has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana

·      has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more

·        has admitted facts that constitute certain crimes

·        has voted unlawfully

·        has made a false claim to U.S. citizenship

·        has committed and been convicted of two or more gambling offenses

·        is or has earned his or her principle income from illegal gambling

·        is or has been involved in prostitution or commercialized vice

·        is or has been involved in smuggling illegal aliens into the U.S.

·        is or has been a habitual drunkard

·        is practicing or has practiced polygamy

·        has willfully failed or refused to support dependents

·      has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act

An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions. Any applicant with a criminal record should consult an immigration attorney prior to applying for citizenship because many crimes that make a permanent resident ineligible for citizenship make him or her deportable as well. A permanent resident applicant may find himself or herself in the position of having been denied citizenship and placed in deportation proceedings by the USCIS. Most drug-related crimes, vice crimes, and crimes of fraud or dishonesty will prevent a finding of good moral character; however, not all crimes result in a permanent bar to citizenship, and not all crimes will prevent a finding of "good moral character."

Attachment to the Constitution

An applicant must show that he or she is attached to the principles of the Constitution of the United States.

Language

Applicants for citizenship must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing:

·      have been residing in the United States subsequent to a lawful admission for permanent residence for at least 15 years and are over 55 years of age;

·      have been residing in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over 50 years of age; or

·       have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn English.

United States Government and History Knowledge

An applicant for citizenship must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn U.S. History and Government.

Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement.

Oath of Allegiance

To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:

·       Support the Constitution and obey the laws of the U.S.;

·       renounce any foreign allegiance and/or foreign title; and

·       bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required.

In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, USCIS will permit these applicants to take a modified oath.

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

·      The applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

·      the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

·      the applicant meets all other naturalization requirements.

There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:

·      The U.S. Government (including the U.S. Armed Forces);

·      American research institutes recognized by the Attorney General;

·      recognized U.S. religious organizations;

·      U.S. research institutions;

·      an American firm engaged in the development of foreign trade and commerce of the United States; or

·      certain public international organizations involving the United States.

Veterans of U.S. Armed Forces

Certain applicants who have served in the U.S. Armed Forces are eligible to file for naturalization based on current or prior U.S. military service. Such applicants should file the N-400 Military Naturalization Packet.

Lawful Permanent Residents with Three Years U.S. Military Service

An applicant who has served for three years in the U.S. military and who is a lawful permanent resident is excused from any specific period of required residence, period of residence in any specific place, or physical presence within the United States if an application for naturalization is filed while the applicant is still serving or within six months of an honorable discharge.

To be eligible for these exemptions, an applicant must:

·      Have served honorably or separated under honorable conditions;

·      completed three years or more of military service;

·      be a legal permanent resident at the time of his or her examination on the application; or

·      establish good moral character if service was discontinuous or not honorable.

Applicants who file for citizenship more than six months after termination of three years of service in the U.S. military may count any periods of honorable service as residence and physical presence in the United States.

An applicant who has served honorably during any of the following periods of conflict is entitled to certain considerations:

World War I - 4/16/17 to 11/11/18;
World War II - 9/1/39 to 12/31/46;
Korean Conflict - 6/25/50 to 7/1/55;
Vietnam Conflict - 2/28/61 to 10/15/78;
Operation Desert Shield/ Desert Storm - 8/29/90 to 4/11/91; or
any other period which the President, by Executive Order, has designated as a period in which the Armed Forces of the United States are or were engaged in military operations involving armed conflict with hostile foreign forces.

Applicants who have served during any of the aforementioned conflicts may apply for naturalization based on military service after qualifying service and the requirements for specific periods of physical presence in the United States and residence in the United States are waived.

Banned Individuals

Individuals who do not fulfill the requirements above may be ineligible to become a naturalized citizen. Additionally, there are certain classes of people who are automatically barred from naturalizing to U.S. Citizens. Anarchists, individuals who advocate or teach opposition to organized government, people affiliated with the Communist Party or any other totalitarian party, persons who advocate the overthrow of the U.S. government, saboteurs, or persons who publish subversive material regarding the violent overthrow of government are all such classes of people. A person who has deserted the U.S. Armed Forces or has pending deportation proceedings against them is automatically barred from naturalizing to the United States.

Benefits of Being a U.S. Citizen

Becoming a United States citizen carries a number of benefits with it, as well as responsibilities. Furthermore, remaining a permanent resident carries with it a number of risks of which many people are typically unaware (discussed below).

One of the most obvious benefits and responsibilities bestowed upon a U.S. citizen is the right and duty to vote and participate in the political process that shapes the nation. Additionally, a naturalized U.S. citizen is entitled to all the benefits of traveling abroad with a U.S. passport, including relative freedom of movement throughout the world without having to comply with burdensome visa requirements. Serving on juries is another responsibility of citizenship.

Some of the greatest benefits for naturalized citizen are immigration benefits. U.S. Citizens have much greater ability to sponsor relatives for U.S. immigration. There is a large backlog in visas for petitions filed by Lawful Permanent Residents (see Visa Bulletin for more information on current wait times). However, petitions filed by U.S. Citizens for spouses, minor children and parents are immediately available so there is no waiting list at all. The unmarried adult sons and daughters of U.S. citizens are generally on a shorter waiting list than those of permanent residents.

In addition, many government contracts and jobs require U.S. citizenship. Students will enjoy lower tuitions as they will no longer be considered “out of state”.

Risks of Staying a "Permanent Resident"

"Permanent" does not always mean "forever." Remaining a "permanent resident" in the United States carries with it hidden risks. Many immigrants do not realize that permanent residents may, under certain circumstances, be stripped of their right to remain in the United States and be removed to their home countries or refused entry to the United States upon return from abroad. Due to changes in immigration laws that occurred in 1996, many permanent residents convicted of crimes that are classified as "aggravated felonies" since coming to the United States became subject to removal (the new term for deportation) even if they have served their sentences. The CIS definition of "aggravated felony" includes many non-violent crimes, e.g., shoplifting and check kiting. The law also was made retroactive, so long-term permanent residents who have criminal histories, even from decades ago, can be deported. In addition, the far-reaching 1996 laws severely limited the ability of immigration judges to prevent deportation of permanent residents facing removal under such circumstances, even if their spouse, parents or children are U.S. citizens.

The same crimes that make a permanent resident "deportable" can also result in an unexpected refusal of permission to enter the country when returning from a trip abroad. For example, in 1997, a permanent resident was returning from a visit to his home country, the Dominican Republic, when U.S. immigration agents realized that in 1974, at the age of 19, he had had consensual sex with his 15-year-old girlfriend and had been arrested for statutory rape. The permanent resident, who had no other criminal history, had received 1 year of probation on the rape conviction in 1974. Under the new laws, however, the U.S. immigration agents considered it a serious enough crime to keep him from returning to the United States. He spent six months in an immigration prison, and although a judge later dismissed his immigration case the judge was in no way required by the law to do so.

Application Procedures

Applicants file for citizenship using Form N-400, Application for Naturalization. The following supporting documents should be filed with Form N-400:

·      Front and back copy of permanent resident card (“green card”)[2]

·      Two color photos of the applicant (“passport style”)

·      Supporting documents per form instructions

·      Filing Fee

Form N-400 is filed with the USCIS Regional Service Center having jurisdiction over the applicant’s residence.

What happens after the application is filed?

Once the application is filed with the USCIS, they will send a receipt notice and schedule the applicant for a “Biographic” appointment (fingerprints). Once the USCIS has completed the background check, they will schedule the Applicant for a Naturalization Interview. The interview notice will include a list of documents which the applicant should bring to the interview. At the interview, the applicant will undergo a Citizenship Exam to demonstrate his/her knowledge of the English language and U.S. history and government. You may click on the following links to help prepare for the exam:

           Sample Sentences                        Sample Study Questions and Answers

If all goes well at the interview, the applicant will be scheduled for an oath ceremony. At the oath ceremony, the applicant will be “sworn in” and will receive his/her Naturalization Certificate. Once an applicant receives his/her Naturalization Certificate, he/she will need to obtain a U.S. passport in order to travel outside of the U.S. Most sites hosting oath ceremonies have procedures on location for applying for U.S. passports.

What if I cannot make it to my scheduled interview?

It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so try not to change your original interview date. If an emergency arises and you absolutely cannot make your appointment, call the National Customer Service Center at 1-800-375-5283 to request rescheduling. The NCSC will record the information, and pass it on to the local office, which will make the final decision whether to reschedule your appointment. If you miss your scheduled interview without notifying USCIS, we will "administratively close" your case. Unless you contact USCIS to schedule a new interview within 1 year after USCIS closes your case, we will deny your application. USCIS will NOT notify you if we close your case because you missed your interview.

What should I do if I cannot go to my oath ceremony?

If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that USCIS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to USCIS. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" (Form N-445) to tell you when your ceremony will be.

What can I do if USCIS denies my application?

There is an administrative review process for those who are denied naturalization. If you feel that you have been wrongly denied naturalization, you may request a hearing with an immigration officer. Your denial letter will explain how to request a hearing and will include the form you need. The form for filing an appeal is the "Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act" (Form N-336).

Can I reapply for naturalization if USCIS denies my application?

In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new N-400 and pay the fee again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test.

The information contained in this web page is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this page should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our web page will educate you and hopefully enhance your understanding of Immigration laws.