The Road to Naturalization and Citizenship

This section provides an introduction to U.S. Naturalization, which is the lawful process through which an alien can become a United States Citizen

U.S. Citizenship: The United States Citizenship is one step above a US green card (Permanent Residency Status). It gives the person the maximum rights available in the country. An individual may become a citizen by birth or through naturalization process.

Naturalization Process: The naturalization is the legal process through which a foreign national can become a citizen of the United States. In order to be naturalized, the alien applicant accomplishes the requirements established by Congress in the Immigration and Nationality Act (INA). Applications for US naturalization are handled by the USCIS (US Citizenship and Immigration Services). With some exceptions, the common requirements for administrative naturalization are:

• At least 18 years old;
• A lawful permanent resident (for not less than 5 years) and physical presence in the US;
• Residence in a particular USCIS District before filing an application;
• An ability to read, write, and speak English language;
• A knowledge and understanding of the fundamentals of U.S. history and government;
• Good moral character;
• Attachment to the principles of the U.S. Constitution; and,
• Favorable disposition toward the United States.

The other naturalization requirements may be modified or waived for certain applicants, such as spouses of US citizens, asylees who have been holding the green card for four years, and green card holders with 3 years of US military service.

In order to become a citizen of the US, the applicant must first fulfill the above-mentioned qualifications. Then, he/she must submit an application (Form N-400), appear for an interview, and pass English language and a civics exam. After the application is approved, the applicant takes the Oath of Allegiance, and becomes a US Citizen.

Residence and Physical Presence: An applicant is qualified to file if, immediately preceding the filing of the application, he/she:

• has been legally admitted in the US for permanent residence;
• has lived continuously as a lawful permanent resident in the country for at least 5 years prior to filing with no single absence from the United States of more than one year;
• has been physically present in the US for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he/she did not abandon his/her residence during such period) ; and
• has stayed within a state or district for at least three months.

Good Moral Character: In general, an applicant for naturalization must demonstrate that he/she has been a person of good moral character for the statutory period prior to filing Form N-400. The Service is not limited to the statutory period in deciding whether the applicant has established good moral character. According to laws, the applicant is permanently barred from naturalization if he/she:

• has been ever convicted of murder
• has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990.

Other Disqualifying Situations: A person also cannot be found to be a person of good moral character if during the statutory period, the applicant:

• has committed and been convicted of one or more crimes involving moral turpitude, two or more offenses for which the total sentence imposed was 5 years or more, two or more gambling offenses, OR 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 five year period, as a result of a conviction, for an aggregate period of 180 days or more.
• is or has been a habitual drunkard.
• is or has been involved in smuggling illegal aliens into the United States, or in prostitution or commercialized vice.
• is or has earned his or her principal income from illegal gambling.
• is practicing or has practiced polygamy.
• has willfully failed or refused to support dependents
• has given wrong testimony, under oath, in order to receive a benefit under the INA.

An applicant must make known all relevant facts to the Service, including his/her entire criminal history, no matter whether the criminal history disqualifies the applicant under the enumerated provisions.

Attachment to the Constitution: Applicants for naturalization must demonstrate that they are attached to the principles of the Constitution of the United States.

English Language: An applicant must be able to read, write, speak, and understand words in ordinary usage in the English language. Some persons who let off 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 periods totaling 15 years or more and are over 55 years of age;
• have been residing in the US subsequent to a green card for periods totaling 20 years or more and are over 50 years of age; or
• have a medically proved physical or mental impairment, where the impairment affects the applicant's ability to learn English.

United States Government and History Knowledge: Applicants for naturalization process must show a knowledge and understanding of the fundamentals of the U.S. history and government. Certain groups of people are exempted from this requirement. These people, on the date of filing naturalization application, 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 living in the U.S. subsequent to a legal 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 U.S. citizen, one must take the oath of allegiance. By doing so, an applicant swears to:

• support the Constitution and obey the U.S. laws;
• renounce any foreign allegiance and/or foreign title; and
• bear arms for the U.S. Armed Forces or perform services for the US government when required.