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To be eligible for naturalization, in general, all naturalization applicants must demonstrate good moral character. Other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. Citizens, or individuals currently serving in the United States military. Additional requirements include:
- The ability to read, write and speak English
- Good moral character
- Knowledge of the principles of the U.S. Constitution
- Favorable disposition towards the United States
- Ability to pass the United States Citizenship Test
- Reside continuously in the United States for five years after obtaining permanent resident status (or three years if living in marital union with a U.S. citizen).
- Be physically present in the United States for half of the five years (or half of the three years if a spouse of a U.S. citizen).
· Not be absent from the United States for a continuous period of more than one year during the period for which continuous residence is required. What constitute physical presence is explained as:
a. Continuous residence and physical presence requirements are one and the same.
i.Continuous Residence You must reside continuously, without long breaks, in the United States for the requisite five or three years. Absences of less than six months do not interrupt continuous residence for the purposes of naturalization. However, absences of between six and 12 months in duration create a presumption that you have not complied with the continuous residency requirements. You can contest this presumption, but it is your burden to prove that you have not abandoned residency. Some examples of how you can establish that you did not disrupt your continuous residence include:
1. Continued employment in the United States,
2. Immediate family remaining in the United States,
3. Retaining access to your home in the United States, and
4. Not obtaining employment abroad.
5. Absences of longer than a year interrupt continuous residence for the purposes of naturalization. However, thelaw does offer one concession to you in this regard: If you have been absent from the United States for more than one year, you may file an application for naturalization four years and one day (or two years and one day if applying based on marriage to a U.S. citizen) after returning to the U.S., assuming your continuous residence is not interrupted during that time period.
ii. Physical presence; You must also be physically present in the United States for 30 of the preceding 60 months (or 18 of the preceding 36 months) to apply for naturalization. This requirement is precise and is counted back from the date you apply for naturalization. You must provide information including dates and length of stay for all trips outside of the United States (including trips to Canada or Mexico) since you became a permanent residence. If you are even one day short of the physical presence requirement, at the time of filing, your application will be denied on the basis of non-eligibility. You can submit your application for naturalization up to three months prior to meeting the continuous residence requirement.
Citizenship of Children Born Outside the United States to Citizen Parents
1. A natural child born to United States citizen parents while those parents are outside the United States is a United States citizen under most circumstances.
2. If the child was born on or after December 24, 1952, at least one parent will be required to prove residence in the United States or its outlying possessions prior to the birth to establish United States citizenship for the child.
3. A natural child born to one United States citizen parent and one foreign national parent on or after December 24, 1952 and before nov.14, 1986, may also have acquired United States citizenship at birth.
4. To establish this eligibility, the United States citizen parent must prove physical presence in the United States or its outlying possessions for a total period of ten years, with at least five of those years being after the age of fourteen.
5. For a natural child physical presence in the U.S. or its outlying possessions for a total of 5 years, with a least 2 years after the age of 14.
6. If you believe to be a United States citizen because one or both of your parents were or are citizens, or if you are the parent of a United States citizen child born outside the United States, you may wish to obtain a certificate of citizenship.
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To do this you should file form N-600, entitled "Application for Certificate of citizenship" with INS.
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The applicant will need to submit supporting documents with this N-600 application.
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Instructions are provided on the N-600.
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Three photographs must also be provided with the N-600. You may want to take the instruction sheet with you when you have your pictures taken so there isn"t any confusion about photo requirements.
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There is a filing fee which is non- refundable.
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If the applicant has difficulty in preparing the N-600 form, they may ask someone to assist them, for instance a relative or friend, provided they sign and date the form as required.
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Regardless of who prepares the application, the applicant alone is responsible for providing truthful information.
7. Please be aware that persons are under no obligation to file for a certificate of citizenship.
8. Not possessing this document does not, in any way, affect your citizenship status.
9. Normally, when children are born to United States citizens abroad, the parents will register the birth at the nearest American embassy or consulate.
10. The State Department Authorization Act, signed on August 24,1982, designates the Form FS-240, consular "Report of birth Abroad of a Citizen of the United States of America".
11. The S-240 and/or a valid United States passport may take the place of a certificate of citizenship in proving citizenship status.
Applying for Naturalization/U.S. Citizenship
Permanent residents may apply to become citizens through a process called naturalization. Naturalization is the last step in the immigration process and usually the last time the United States Citizenship and Immigration Services (USCIS) will review a person’s file to determine whether the person is eligible for citizenship and whether the person is eligible to remain in the United States.
If you are eligible to become a naturalized citizen, you should strongly consider applying. Citizenship gives you many rights and privileges, including the right to vote, the ability to travel freely outside the United States for long periods of time and return, the right to hold special government jobs, and eligibility for public benefits not available to non-citizens. Perhaps most importantly, citizens cannot be removed or deported from the United States.
To apply for naturalization, you must complete and file Form N-400, Application for Naturalization, with the USCIS Service Center that has jurisdiction over your state. The total filing fee is $675 ($595 filing fee for N-400, plus $80 biometrics fee) and is payable to the U.S. Department of Homeland Security.
WARNING
It is not always in the best interest of a permanent resident to apply to become a naturalized citizen. When you apply for naturalization, you are giving the government information that may result not only in denial of your citizenship application but may also place you in removal (deportation) proceedings. For example, if you were outside of the United States for a long period of time, you may have abandoned your permanent residency without knowing it. Or you might have a criminal history that makes you deportable, in which case you would definitely want to avoid applying for citizenship. It is always best to consult with a citizenship attorney before filing your naturalization application.
Eligibility for Naturalization/U.S. Citizenship
To be eligible to apply to become a naturalized citizen, you must:
- be at least 18 years of age;
- have continuously resided in the United States as a legal permanent resident for at least five years before the date of your citizenship application;
- have been physically present in the United States for periods totaling at least two and a half years or 30 months;
- reside in the state or in the district in which your application is filed for at least three months before the date of your citizenship application; and
- reside continuously in the United States from the date of your citizenship application to the date of your admission to citizenship.
Meeting these eligibility requirements does not mean that you will be allowed to become a naturalized citizen. You must also show that you have "good moral character," pass the English literacy and civics test, and swear attachment to the principles of the U.S. constitution by taking the Oath of Allegiance.
"Good moral character" requirement for Naturalization/U.S. Citizenship
Becoming a naturalized citizen requires that the government find that you are a person of "good moral character" for the five years before the date of your citizenship application.
There are two exceptions to this rule:
- If you were convicted of an "aggravated felony" after November 29, 1990, you are not allowed to show that you are a person of "good moral character," even if you were convicted before the five years before the date of your citizenship application.
- Congress has repeatedly expanded the definition of "aggravated felony," and a variety of offenses qualify as an "aggravated felony." Some state law misdemeanors qualify as aggravated felonies. If you have any sort of criminal history or have ever been in trouble with the police, you should consult with an immigration and citizenship attorney before you apply to become a naturalized citizen.
- Even if you were not convicted of an aggravated felony, the government may look into your life before the five years before the date of your citizenship application if doing so would help it determine whether you otherwise lack "good moral character."
English and Civics and History Test for Naturalization/U.S. Citizenship
Before you may become a naturalized citizen, you must show a basic understanding of English and pass a test on the history and form of government of the United States. If you are physically unable to comply, developmentally disabled, or mentally impaired, you are exempt from both requirements.
If you fail the English and civics test on the first attempt, you are given a second opportunity to pass either one or both tests within 90 days of the first test. If you fail a second time, your citizenship application will be denied.
English Test
Your oral understanding (ability to speak and listen to) of English will be determined by the examiner at your citizenship interview.
Certain groups of people are exempt from the English language requirement. For example, if you are fifty years or older and have been a lawful permanent resident for more than twenty years, you are exempt. If you are over fifty-five years old and have been a lawful permanent resident for more than fifteen years, you are also exempt.
Civics and History Test
In addition to the English requirement, you must show "a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States."
If you take the test during your citizenship interview, the test will probably be conducted orally (spoken) and in English. The examiner will test your knowledge of history and government from a standard list of 100 questions. You will probably only be asked six to ten questions, and the answers must convince the examiner that you have the adequate knowledge. You can usually convince the examiner that you have adequate knowledge by answering six out of the ten questions correctly.
Five-year Continuous Residency Requirement for Naturalization/U.S. Citizenship
To become a naturalized citizen, you must have five years of continuous residence after the date you became a permanent resident.
Your five years of residence before the date of your citizenship application must be continuous. Absences of less than six months do not matter for the five years of continuous residency requirement. But any absence between six months and one year creates a presumption that you violated the continuous residency requirement. You can overcome this presumption if you show that you had no intention of giving up residence in the United States during your absence. Usually you can show this if you applied for a Re-Entry Permit before you left the United States.
If you are outside the United States for more than one year, there is a presumption that you have abandoned your permanent residency in the United States. To prevent this from happening, if you know you will be absent from the United States for more than a year and want to keep your permanent resident status, you should always apply for a Re-Entry Permit before you leave the United States.
What if I cannot meet the English or requirements?
Certain applicants, because of age or disability, have different English and civics requirements.
Age — There are three important exemptions for testing based on age:
(a) If you are over 50 and have lived in the United States as a Permanent Resident for periods totaling at least 20 years, you do not have to take the English test. You do have to take the civics test in the language of your choice;
(b) If you are over 55 and have lived in the United States as a Permanent Resident for periods totaling at least 15 years, you do not have to take the English test. You do have to take the civics test in the language of your choice;
(c) If you are over 65 and have lived in the United States as a Permanent Resident for periods totaling at least 20 years, you do not have to take the English test, but you do have to take a simpler version of the civics test in the language of your choice.
Exemptions
You must meet these requirements for age and time as a Permanent Resident at the time you file your application to qualify for an exemption. To qualify for one of these exceptions, your time as a Permanent Resident does not have to be continuous. You are eligible for the exemption as long as your total time residing in the United States (as a Permanent Resident) is at least 15 or 20 years. You may not count time when you were not a Permanent Resident.
Disability
If you have a physical or developmental disability or a mental impairment, you may be eligible for an exception to the English and civics requirements. To request an exception, you must file a “Medical Certification for Disability Exceptions” (Form N-648) with your application. If you believe you qualify, contact a licensed medical or osteopathic doctor or licensed clinical psychologist who will need to complete and sign your N-648. If you qualify for a waiver of the English proficiency requirement you must be prepared to bring an interpreter.
To apply for a disability exception, your disability:
- -must be at least 1 year old (or be expected to last 1 year); and
- -must not have been caused by illegal drug use.
If you qualify for a medical exception from the English and civics requirement, you must still be able to take the Oath of Allegiance to the United States. If you cannot communicate an understanding of the meaning of the Oath because of a physical or mental disability, USCIS may excuse you from this requirement.
Disability Accommodations
Under section 504 of the Rehabilitation Act, USCIS provides accommodations or modifications for applicants with physical or mental impairments that make it difficult for them to complete the naturalization process. In order for USCIS to have enough notice to respond to accommodation requests, applicants are encouraged to state their needs on the place provided in the Application for Naturalization.
When you will give the test?
During your interview, USCIS officer will also test your ability to read, write, and speak English (unless you are exempt from the English requirements). You will also be given a civics test (to test your knowledge and understanding of U.S. History and Government) unless you are exempt.
Your English will be tested in the following ways:
(1) Reading. To test your reading ability you may be asked to:
-read out loud parts of the N-400;
-read a set of civics questions and then answer them; or • read several simple sentences out loud.
(2) Writing. To test your writing skills, the USCIS officer will ask you to write one or two simple sentences.
(3) Speaking. We will test your speaking ability when you answer questions about yourself and your application during your interview. Civics. During your interview, we will ask you to verbally answer a set of civics question or to take a written multiple-choice test with up to 20 questions.
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