General Naturalization Requirements
Those individuals who are not born a U.S. citizen
can choose to become a citizen through the naturalization process.
There are many requirements for naturalization, including:
Applicants for naturalization must be at least 18
years old. There are special waivers allowed for applicants who are
less than 18 years old. For these provisions, you can view the USCIS
site on
Naturalized Citizen's
Children.
To be eligible to naturalize, you must have been
lawfully admitted to the United States for permanent residence. You
will be asked to produce your “green card,” called the I-551 Alien
Registration Receipt Card, as proof of your status.
You must also have physically resided in the United
States for a period of time before you can become a U.S. citizen. You
must meet the following residency requirements:
- You have resided continuously as a lawful
permanent resident in the U.S. for at least 5 years prior to filing,
with no single absence from the United States of more than one year.
You have been physically present in the United States for at least 30
months out of the previous five years (absences of more than six
months but less than one year will disrupt your continuity of
residence unless you can establish that you did not abandon his or her
residence during your absence period); and,
- You have resided within a state or district for
at least three months.
PLEASE NOTE: If you are married to a U.S. citizen,
you can naturalize if you have been living in the United States with
your spouse for three years, rather than the five years generally
required.
Generally, you must show that you have been a
person of good moral character for a certain period of time prior to
filing for naturalization. This is typically five years, but it is
three years if you are married to a U.S. citizen or one year if you are
requesting expedited naturalization for service in the Armed Forces. The
USCIS may also look at evidence of your character beyond this period of
time. An applicant is permanently barred from naturalization if he or
she has ever been convicted of murder, or convicted of an aggravated
felony as defined in section 101(a)(43) of the Immigration and
Nationality Act after November 28, 1990.
A person also cannot be found to be a person of
good moral character if during the last five years he or she:
- has committed and been convicted of one or more
crimes involving moral turpitude;
- has committed and been convicted of two or more
offenses for which the total sentence imposed was five 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 committed and been convicted of two or more
gambling offenses;
- is or has earned his or her principal 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 United States;
- is or has been a habitual drunkard;
- is practicing or has practiced polygamy;
- has willfully failed or refused to support
dependents; or,
- has given false testimony, under oath, in order
to receive a benefit under the Immigration and Nationality Act.
You must disclose all relevant facts to the USCIS,
including your entire criminal history, regardless of whether the
criminal history disqualifies you under these provisions.
You must show that you are attached to the
principles of the Constitution of the United States.
You must be able to read, write, speak, and
understand the English language. Applicants are exempt from this
requirement if on the date of filing they:
- have been residing in the United States as a
lawful permanent resident for 15 years or more and are over 55 years
of age;
- have been residing in the United States as a
lawful permanent resident for 20 years or more and are over 50 years
of age; or,
- have a medically determinable physical or mental
impairment, and the impairment affects the applicant’s ability to
learn English.
To get your U.S. citizenship, you must be able
to read, write and understand English. There are some exemptions
from the English language requirements for those over 55 years who have
lived in the United States as lawful permanent residents for 15 years,
or are over 50 years old and have lived in the United States as lawful
permanent residents for 20 years.
You will
also have to demonstrate your knowledge and understanding of the
fundamentals of history and government of the United States.
Exceptions to these requirements are
available for the disabled, members of the military, veterans,
spouses married to U.S. citizens living overseas, and lawful
permanent residents who work for certain organizations that promote
U.S. interests abroad.
You must also demonstrate a knowledge and
understanding of the fundamentals of the history, principles and
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. The USCIS website contains several
examples of these questions, including
Naturalization Test
Questions for Applicants Meeting 65/20 Exception,
Test Yourself on U.S. History
and
100 Sample U.S. History Questions with Answers.
To become a citizen, you must take the oath of
allegiance. In this oath, you must swear to:
- support the Constitution and obey the laws of
the United States;
- renounce any foreign allegiance and/or foreign
title; and,
- bear arms for the Armed Forces of the United
States or perform services for the government of the United States
when required.
In certain instances, if you establish that you are
opposed to any type of service in the armed forces because of your
religious teaching or belief, the USCIS will permit you to take a
modified oath. You can read the
Oath of Allegiance on the USCIS website.
Applying for naturalization requires filing a
form with the U.S. Citizenship and Immigration Service, with supporting
documentation proving your eligibility. You must also have your
fingerprints taken, and appear for an interview with an Immigration
Officer.
If you would like assistance applying for U.S. citizenship,
please contact Peng & Weber.
National Interest Waivers