APPLICATION FOR CITIZENSHIP / NATURALIZATION

Introduction

Generally, to be eligible for naturalization (i.e., citizenship), the applicant must have held lawful permanent resident status (Green Card) for at least five years. For spouses of US citizens, the required period of permanent residence is reduced to three years. Applicants must also generally meet requirements for physical presence in the US, good moral character, basic English language skills, and knowledge of US history and government to qualify for citizenship.

Age

Applicants must be at least 18 years old.

Residency

An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card or Permanent Resident Card, as proof of their status.

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

1. has been lawfully admitted for permanent residence (see preceding section);

2. has resided continuously as a lawful permanent resident in the US for at least five years (or three years if married to US citizen) prior to filing with no single absence from the United States of more than one year;

3. has 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 shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

4. has resided within a state or district for at least three months

Good Moral Character

Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a US citizen or one year for Armed Forces expedite) prior to filing for naturalization. The US Citizenship and Immigration Services (USCIS, formerly INS) is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act (INA) on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:

1. has committed and been convicted of one or more crimes involving moral turpitude

2. has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more

3. 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

4. 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

5. has committed and been convicted of two or more gambling offenses

6. is or has earned his or her principal income from illegal gambling

7. is or has been involved in prostitution or commercialized vice

8. is or has been involved in smuggling illegal aliens into the United States

9. is or has been a habitual drunkard

10. is practicing or has practiced polygamy

11. has willfully failed or refused to support dependents

12. has given false testimony, under oath, in order to receive a benefit under the INA.

An applicant must disclose all relevant facts to the USCIS, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.

Attachment to the Constitution

An applicant must show that he or she is attached to the principles of the Constitution of the United States.

Language

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;

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.

United States Government and History Knowledge

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 US History and Government

Applicants who have been residing in the US subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special condsideration in satisfying this requirement.

Oath of Allegiance

To become a US 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 US;

2. renounce any foreign allegiance and/or foreign title; and

3. bear arms for the Armed Forces of the US or perform services for the government of the US 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 USCIS will permit these applicants to take a modified oath.

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