U.S. Citizenship

U.S. Citizenship

 

If you meet certain requirements, you may become a U.S. citizen either at birth or after birth. You can become an U.S. citizen by birth, through a process called “naturalization,” through “derivative citizenship” or through “acquired citizenship.”

 

If you meet all the naturalization requirements, you can apply for naturalization (http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12.html & http://www.uscis.gov/citizenship).

 

Before you decide to embark on the application process for naturalization if naturalization is a realistic option for you, you must meet the eligibility criteria:

 

If you are a green card holder of at least 5 years, you must meet the following requirements in order to apply for naturalization:

 

  1. Be 18 or older at the time of filing;
  2. Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400;
  3. Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application;
  4. Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application;
  5. Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application;
  6. Reside continuously within the United States from the date of application for naturalization up to the time of naturalization;
  7. Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics); and
  8. Be a person of good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States during all relevant periods under the law.

 

  • Must be admitted to the United States as a lawful permanent resident (LPR) commonly referred to as one who possesses green card status. There is only one exception to this requirement: If an applicant has served in the US armed forces during war, that person may be naturalized without first becoming a permanent resident if they were in the United States upon induction or enlistment into the US military(http://www.uscis.gov/military/citizenship-military-personnel-family-members).

 

  • Continuous Residence: Applicants are required to show that they have resided continuously in the U.S. for five years before applying, or resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens. “Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above. Extended absences outside of the U.S. may disrupt an applicant’s continuous residence: (i) absences of more than six (6) months but less than one (1) year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise; and absences in excess of one year or more may disrupt an applicant’s continuous residence.

 

Section 316 paragraphs (b), (c), and (f) of the Immigration and Nationality Act allows for certain exceptions to the continuous residence requirement for those applicants working abroad for (i) the United States government, including the Military; (ii) contractors of the United States government; (iii) a recognized American institution of research (List of Recognized American Institutions of Research and Other Recognized Organizations); (iv) a public international organization; and (v) an organization designated under the International Immunities Act.

 

If you seek to preserve your continuous residence for naturalization purposes while employed abroad by one of these recognized institutions you must file Form N-470 with USCIS.

 

An organization may obtain USCIS recognition as an American institution of research for the purpose of preserving the continuous residence status of its employees who are, or will be, naturalization applicants assigned abroad for an extended period of time. The requesting organization should follow the instructions found on the Requesting Recognition as an American Institution of Research page.

 

  • Physical Presence: Physical presence within the USfor a total of at least one half of the period of required continuous residence. That is, two and a half years for most applicants and one and a half years for spouses of US citizens. Applicants are required to show that they were (i) physically present in the U.S. for thirty (30) months within the five (5) year period before applying, or (ii) physically present in the U.S. for eighteen (18) months within the three (3) year period before applying in the case of qualified spouses of U.S. citizens.

 

Immigration office will send out an interview notice several months after the naturalization application is filed.  During the interview, Immigration will go over the application to make sure the citizenship answers are correct.  English skills and an understanding of U.S. history and government are tested unless they are physically unable to do so due to a disability such as being blind or deaf, or suffer from a developmental disability or mental impairment. Those over 50 years old on the date of filing who have lived here for a total of at least 20 years after admission as a permanent resident and those who are over 55 and have been legal permanent residents for at least 15 years are also exempt from this requirement.  If either the English or U.S. history or government tests are failed, a second interview will be scheduled 3 months later to allow more time to study.  If the second interview is failed, citizenship will be denied.  Filing again is acceptable, but fees will need to be paid once again.

 

In addition, applicants are required to show they have resided for at least three (3) months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency [See 8 CFR §316.2(a)(5) & §319.1(a)(5)].

 

If a 100-question citizenship test (http://www.uscis.gov/us-citizenship/naturalization-test) is passed during the first or second interview, Immigration will set an appointment to be “sworn in” as a U.S. citizen.  This appointment might take several months, but once a person is sworn in, they are a citizen of the United States.

 

To become a naturalized U.S. citizen, you must pass the naturalization test. At your naturalization interview, you will be required to answer questions about your application and background. You will also take an English and civics test unless you qualify for an exemption or waiver. For study materials provided by USCIS, please visit http://www.uscis.gov/citizenship/learners/study-test/study-materials-civics-test. These and other citizenship resources for immigrants, educators, and organizations are available through on the Citizenship Resource Center website: http://www.uscis.gov/citizenship. You will be given two opportunities 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.

 

For more detailed information about how to become a U.S. citizen, please visit http://www.uscitizenship.info/ins-USimmigration-learn.htm, which will describe everything from the naturalization process, how to become a U.S. citizen, tips on the U.S. Citizenship test, Immigration laws, Immigration & Nationality Act General Requirements; Continuous Residence Regulations; USCIS Policy Manual Continuous Residence Guidance, and USCIS Policy Manual Physical Presence Guidance