Application for U.S. Citizenship
United States citizenship is one step beyond permanent residency (Green Card). Citizenship gives the individual the maximum rights available in the United States. United States citizens may also find it advantageous to use a U.S. passport when traveling abroad.
There are 2 ways in which an individual can become a U.S. Citizen. One is by birth, and the other is by filing for naturalization.
Citizenship by Birth
A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection. In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.
The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.
Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.
Citizenship by Filing for Naturalization
The requirements which need to be met before one can achieve citizenship by filing for naturalization consist of the following:
1) At least 18 years of age at the time of filing the application,
2) a Legal Permanent Resident (LPR) "Green Card Holder,"
3) "Continuously Resided" in the United States as a LPR "Green Card Holder" for a period of 5 years immediately prior to filing the naturalization application (if "green card" obtained via marriage to a U.S. Citizen, 3 years). This standard refers to "continuous" maintenance of LPR "Green Card Holder" status, during the 5 year period prior to filing the naturalization application. An individual who has been a LPR "Green Card Holder" for 20 years, but has left the United States for a continuous period of 1 year or more (during the 5 year period prior to filing) will not be eligible to file a naturalization application.
Applicants exempt from this requirement include those who have an approved application to Preserve Residence for Naturalization Purposes, having worked overseas for 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, certain public international organizations involving the United States.
4) "Physically Present" in the United States for at least 30 months of the 5 year period prior to filing of the naturalization application (if "green card" obtained via marriage to a U.S. Citizen, 18 months). An individual who has been a LPR "Green Card Holder" for 20 years, but never physically stays in the United States for at least 30 months during a 5 year period (or 18 months during a 3 year period) will not be eligible to file a naturalization application.
LPR "Green Card Holders," even if not filing a naturalization application, should not travel overseas for an extended period time, unless filing for a Re-Entry Permit. This is because the US CIS (DHS) may consider that such an individual may have "abandoned" his/her LPR "Green Card" Status. Filing a Re-Entry Permit will maintain the individual's LPR "Green Card" status intent.
5) Resided in the state where the application is filed for at least 3 months immediately prior to the filing of the naturalization application,
6) "English Exam" -- proficient in English (ability to read, write and speak ordinary English). Applicants for naturalization 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: 1) have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 15 years or more and are over 55 years of age, or 2) have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 20 years or more and are over 50 years of age, or 3) have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn English.
7) "Civic Exam" -- An applicant for naturalization 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. Additionally, 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.
8) a person of good moral character. An applicant must show that he/she has been a person of good moral character for the statutory period (5 years, or 3 years if married to a U.S. Citizen, or 1 year for Armed Forces expedite) prior to filing the naturalization application. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder, or if he/she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990.
Additionally, an applicant cannot be found to be a person of good moral character if during the last 5 years he/she:
a) has committed and been convicted of one or more crimes involving moral turpitude,
b) has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more,
c) 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,
d) 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,
e) has committed and been convicted of two or more gambling offenses,
f) is/has earned his or her principal income from illegal gambling,
g) is/has been involved in prostitution or commercialized vice,
h) is/has been involved in smuggling illegal aliens into the United States,
i) is/has been a habitual drunkard, j) is practicing or has practiced polygamy,
k) has willfully failed or refused to support dependents,
l) has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
9) "Oath of Allegiance" -- To become a U.S. Citizen, one must take the oath of allegiance. By doing so, an applicant swears to: 1) support the Constitution and obey the laws of the U.S., and 2) renounce any foreign allegiance and/or foreign title, and 3) 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, the US CIS will permit these applicants to take a modified oath).
Naturalization Form, Procedure and Requirements
1) file form N-400 and supporting documents, two passport photos and a filing fee with the USCIS office that has jurisdiction over the applicant's residence;
2) attend a formal examination at USCIS where the alien will be interviewed, under oath, regarding information conveyed on the N-400, and examined on English literacy and American history; and
3) attend a court or USCIS ceremony (if the USCIS determines the applicant is eligible for citizenship and so recommends) for the official swearing-in and issuance of a certificate of naturalization. |
