UNITED STATES CITIZENSHIP. ***************************************************************************************************************** There are four ways to becoming a United States citizen. First, the Fourteenth Amendment to the U.S. Constitution provides that anyone born in the United States and subject to the jurisdiction of the U.S. is a U.S. citizen by Birth. There is an exception for children born to high-ranking foreign diplomats while in the U.S, the rationale behind this exception is that Children born of diplomats accredited to the U.S. and having full diplomatic immunity (in other words, listed on the Department of State’s Diplomatic List or “Blue List”) are not subject to the Jurisdiction of the U.S. As such, those children do not fall within the provisions of the 14th Amendment and are not citizens or nationals of the U.S. They are, however, eligible for consideration as lawful permanent residents of the U.S. Second, person(s) who are born in another country to parents who are U.S. citizens may, depending on the fulfillment of the requirement of the law, become U.S. citizens at birth through Acquisition of U.S. citizenship. Third, a person can become U.S. citizens through a process called “Naturalization.” Fourth, a person who are lawful permanent residents of the U.S. and whose parent or parents are United States citizens through naturalization, birth in the United States or other ways such as acquisition of citizenship, may, depending on fulfillment of certain requirements of the law become U.S. citizens through derivation of citizenship.
BENEFITS OF BECOMING A US CITIZEN. There are many advantages to becoming a U.S. citizen. Some of these include: The right to vote in U.S. elections, The right to travel with a U.S. passport, The right to help some relatives immigrate to the U.S. more quickly, The right to obtain certain government jobs, The right to obtain certain government benefits, The right not to be excluded or removed (deported) from the U.S., The right to live in another country without losing the right to legally return to the U.S.
VOTING. Only U.S. citizens can vote in Federal elections. Most States also restrict the right to vote, in most elections to U.S. citizens. Elections help shape the policies of the U.S. government. When immigrants vote, their voice is heard through their votes and they have more influence over elected officials.
TRAVELING WITH A U.S. PASSPORT. A U.S. passport allows you to get assistance from the U.S. government when overseas. BRINGING FAMILY MEMBERS TO THE UNITED STATES. Citizens generally get priority when petitioning to bring family members permanently to this country .A U.S. citizen can petition for more family members through the immigration system than a lawful permanent resident. In most cases the waiting lists are shorter especially for immediate relative of US citizen. ENTITLEMENT TO GOVERNMENTAL BENEFIT. In some instances United States citizens are entitled to some government benefits for which some permanent residents are not eligible.
BECOMING ELIGIBLE FOR FEDERAL JOBS. Most jobs with government agencies require U.S. citizenship.
PROTECTION FROM DEPORTATION U.S. citizens cannot be denied entry into nor removed from the U.S. Although a U.S. citizen can lose her citizenship under certain conditions, it is very difficult to do so. Lawful permanent residents always face the possibility of being denied entry into the U.S. or removed from the U.S. if they violate criminal or immigration laws. PROLONG STAY IN A FOREIGN COUNTRY. Generally, U.S. citizens can leave the United States and live in another country for as long as they want. In contrast, lawful permanent residents who live outside of the U.S. for extended periods of time can lose their legal status. BECOMING AN ELECTED OFFICIAL. Only a U.S. citizen has the right to hold public office and the right to apply for certain federal and state government jobs. Many elected offices in this country require U.S. citizenship. EASY ACCESS TO OTHER COUNTRY. Traveling in some foreign countries may be easier for U.S. citizens.
NO NEED FOR RENEWAL. Lawful permanent residents now have to renew their green cards every 10 years, but U.S. citizens never have to renew their certificates of naturalization.
OBTAINING CITIZENSHIP FOR CHILDREN BORN ABROAD. In most cases, a child born abroad to a U.S. citizen is automatically a U.S. citizen.
SHOWING PATRIOTISM. By Becoming a U.S. citizen, a person demonstrates his/her commitment to the united states.
REPONSIBILITIES OF CITIZENS. To become a U.S. citizen an applicant must take the Oath of Allegiance. The Oath includes several promises the applicant make when s/he becomes a U.S. citizen, including promises to: (1). Swear allegiance to the United States; (2).Support and defend the Constitution and the laws of the United States; and (3). Serve the country when required.
U.S. citizens have many responsibilities other than the ones mentioned in the Oath. Citizens have a responsibility to participate in the political process by registering and voting in elections. Serving on a jury is another responsibility of citizenship. Tolerance for differences in opinions, cultures, ethnic groups, and religions is also a responsibility of citizenship. Back to top REASONS SOME PEOPLE DO NOT WANT TO APPLY FOR CITIZENSHIP.
(1)The most important disadvantage is that an applicant for naturalization could be removed from the U.S. if information on applicant application lets the United states Citizenship and immigration Service (USCIS) know that applicant is removable. USCIS asks questions about this on the application, and it is very important that applicants are honest in filling out their applications. The applicant could be deportable/removable for breaking immigration laws or for “abandoning” his or her residence in the United States. (2).Some countries restrict foreigners (including naturalized U.S. citizens) ownership of property. Applicants should check with the Consulate of their native country located in the United States to know how becoming a US citizen will affect their rights . (3).An applicant who decides to become a citizen of the United States may lose her citizenship in her native country. However, some countries allow dual citizenship. While others, do not allow dual citizenship. (4)The naturalization process can be scary and intimidating for some applicants. The Naturalization interview and examination might make some applicants very nervous. In addition, some people with limited education or knowledge of English language may have difficulty in preparing for the examination.
Important Note: Becoming a U.S. citizen is not the right path for everyone who is a lawful permanent resident. For some, becoming a U.S. citizenship may mean giving up citizenship in their own country. This is something many people are not willing to do.
For others, the naturalization application may actually start an investigation by USCIS into their past that could lead to the applicant losing her green card and being deported/removed. In summary, it could be their worse nightmare.
NATURALIZATION. Naturalization is commonly referred to as the manner in which a person not born in the United States voluntarily becomes a U.S. citizen. The process by which a lawful permanent resident becomes a citizen is called naturalization. In order to naturalize, a lawful permanent resident has to meet certain requirements that are set forth in the Immigration and Nationality Act.
REQUIREMENT FOR NATURALIZATION To become a naturalized citizen, an applicant must meet the basic requirements. These requirements are that an applicant must:
(1).Be a lawful permanent resident for at least five years ( If applicant is married to a United States Citizen for three years, she is required to be a lawful permanent resident for just three years) (2).Be at least 18 years old (3).Have good moral character. (4).Be able to pass an English exam (be able to have a fairly simple conversation in English. (5).Be able to pass a test on U.S. history and government(be able to answer simple questions at the interview about U.S. history and government.) (6).Have made a home in the U.S. for at least five years (except in certain circumstances); (7).Not have disrupted the continuity of her residence in the United States for any of the last five years . (8).Have been physically present in the U.S. for at least half of the five year period (except in certain circumstances and (9).Swear loyalty to the U.S. by taking a loyalty oath
LAWFUL PERMANENT RESIDENT STATUS. The first requirement for a naturalization applicant is that s/he was lawfully admitted for Permanent residence. Lawfully admitted for permanent residence is actually defined as being lawfully admitted without such status having changed. Therefore, not only does an applicant have been lawfully admitted as a permanent resident, but one also such applicantis required to maintain status as a lawful permanent resident. To determine if an applicant was lawfully admitted for permanent residence, USCIS might investigate whether the applicant was originally eligible for admission to the U.S. as a lawful permanent resident and whether he has maintained his status as a permanent resident. Applicants who were inadmissible when s/he was admitted as a permanent resident to the U.S. may become removable and placed in removal proceedings. An important exception to the rule that only lawful permanent residents can apply for naturalization exists for aliens who served honorably in active duty with the U.S. armed forces during certain hostilities (i.e., certain times of war). They can be naturalized in many instances without becoming lawful permanent residents.
AGE. An applicant must be at least 18 years old to apply for and to become naturalized. Special rules apply to minor unmarried lawful permanent resident children of U.S. citizens.
GOOD MORAL CHARACTER. All naturalization applicants must demonstrate good moral character for the required residency period immediately prior to applying for naturalization. For most applicants the period is five years, but if the applicant is married to a U.S. citizen, the period may be reduced to three years. Under certain circumstances, USCIS may consider events before the five (or three) year period when deciding if the applicant has good moral character if they shed light on the period in question . There are two ways an applicant can be denied naturalization for lacking good moral character. The applicant can be statutorily denied, that is, the applicant commits an act or falls into a category that is specifically listed as a disqualifying factor in the Immigration and Nationality Act. The applicant can also be denied in USCIS discretion, that is, the examiner feels that other things the applicant has done makes the applicant undeserving of approval, even though the things are not on the statutory list of disqualification . Committing certain crimes may cause an applicant to be ineligible for naturalization ,USCIS calls these “bars” to naturalization. An applicant cannot establish that s/he is a person of good moral character if s/he have been convicted of murder, at any time, or of any other aggravated felony. Other offenses may be temporary bars to naturalization. Temporary bars prevent an applicant from qualifying for citizenship for a certain period of time after the offense. The statutory reasons for denying someone naturalization are listed in § 101(f) of the Immigration and Nationality Act. Although the reasons why someone may be found lacking in good moral character in USCIS discretion are broader. An applicant might have good moral character but still be deportable/removable or inadmissible . In addition to the good moral character requirement, other temporary or permanent bars to naturalization are contained in the statute. An applicant with a removal order against her at the time she applies for naturalization cannot become a citizen. Additionally, an applicant cannot be naturalized if removal proceedings are pending against him/her. However, if removal proceedings are terminated, such applicant can naturalize. Certain actions, mostly connected with military service, can make an applicant permanently ineligible for U.S. citizenship.
ENGLISH LANGUAGE . Applicants are required to demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language . Certain applicants, because of age or disability, have different English and civics requirements. There are three important exemptions for testing based on age:
(a) If an applicant is over 50 years old and have lived in the United States as a Permanent Resident for periods totaling at least 20 years, the applicant do not have to take the English test,but do have to take the civics test in his native language only if the applicant command of spoken English is insufficient to conduct a valid examination. (b) If an applicant is over 55 years old and have lived in the United States as a Permanent Resident for periods totaling at least 15 years, such applicant do not have to take the English test but do have to take the civics test in his native language only if the applicant command of spoken English is insufficient to conduct a valid examination. (C) If an applicant is over 65 years old and have lived in the United States as a Permanent Resident for periods totaling at least 20 years, such applicant do not have to take the English test, but do have to take a simpler version of the civics test in his native language . The age and time as a permanent resident requirement must be meet at the time of filing the naturalization application. If an applicant have a physical or developmental disability or a mental impairment so severe that it prevents the applicant from acquiring or demonstrating the required knowledge of English and civics, the applicants may be eligible for an exception to these requirements. To request an exception, the applicant has to file a “Medical Certification for Disability Exceptions” (Form N-648). The disability,Must be at least one year old (or be expected to last one year); and Must not have been caused by illegal drug use.
Back To Top HISTORY AND GOVERNMENT To be eligible for naturalization, applicant has to demonstrate a knowledge and understanding of the fundamentals of the history , principle and form of government of the United states.(also known as “civics”).
There is " special consideration " in testing on U.S. history and government for applicants who, on the date of filing their naturalization applications, are over 65 years old and have been lawful permanent residents for at least 20 years. Because those applicants who are over 65 years old and have lived in the U.S. for at least 20 years also will qualify for the age exemption from the English requirement, they will just be required to attend a naturalization interview and answer questions in their own language. RESIDENCE IN THE U.S. An applicant must have resided in the United States for at least five years as a lawful permanent resident. Essentially this means the applicant must have been a lawful permanent resident and made the U.S. his/her home for the five years immediately prior to applying for naturalization. In addition, the applicant must have lived in the USCIS district or state where s/he files the petition for at least three months. There are exceptions to the five-years requirement. The spouse of a U.S. citizen only needs to have lived in the United States for three years as a lawful permanent resident. Such applicant must have been married to the same U.S. citizen for three years and the U.S. citizen spouse must have been a citizen for the entire three years. The marriage must be valid and the couple must have lived together for the three years immediately before the date of the filing of the application and naturalization interview. If the applicant were to get divorced before applying for naturalization, then the applicant would have to wait until the full five years before qualifying for naturalization.
PHYSICAL PRESENCE IN THE U.S. An applicant must have been physically present in the United States for at least half (30 months) of the five-years residence period discussed above. The spouse of a U.S. citizen only needs to have been physically in the U.S. for half of 3 years (18 months) instead of half the 5 years (30 months). If an applicant cannot meet this requirement, the applicant must wait and submit a new application when s/he does qualify. If the applicant is denied on this basis, then s/he can wait and submit a new application when she meets the requirement.
DISCONTINUITY OF RESIDENCE(OFTEN REFERRED TO AS ABANDONMENT OF RESIDENCE FOR NATURALIZATION PURPOSES) To qualify for naturalization, an applicant must show s/he has not disrupted his/her residence in the United States. For, an applicant to show s/he has not disrupted her continuous residence, s/he must show that s/he has continuously maintained his/her residence in the United States for the five-years period before applying for naturalization. This is an issue for applicants who have spent long stretches of time outside the U.S. If an applicant has left the U.S. for less than six months, then s/he will be found not to have disrupted the continuity of his/her residence. If an applicant has left the U.S. for one year or more such applicant may be found to have disrupted the continuity of her residence. There are exceptions for people in the military, certain employees and contractors of the U.S. government, certain people working for American corporations and public international organizations doing business abroad. An applicant's spouse, parents, and children can qualify for some exceptions through the applicant. Additionally there are exceptions for certain religious workers. If a naturalization applicant is found to have disrupted the continuity of his/her residence because s/he was absent for one year or longer, s/he will not qualify for naturalization. S/he must wait four years and one day (or two years and one day if s/he is married to a U.S. citizen) from his/her return to the U.S. after his/her absence to reapply for naturalization.
ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION & OATH OF ALLEGIANCE. All applicants for naturalization must be willing to support and defend the United States and its Constitution. The applicant declares his/her “attachment” to the United States and its Constitution when s/he takes the Oath of Allegiance. In fact, it is not until the applicant takes the Oath of Allegiance that the applicant actually become a U.S. citizen. An applicant must be “ attached to the principles of the United States Constitution” for the same period that s/he needs to be a lawful permanent resident (either five or three years). An applicant may be denied citizenship for not being attached to the principles of the Constitution if s/he is hostile to the basic form of government in the U.S., or does not believe in the principles of the Constitution. This requirement is to some extent a combination of fulfilling the requirement of believing in and taking the loyalty oath . When an applicant takes the Oath, s/he must promise to do three things: (1) Renounce Foreign Allegiances. As stated in the Oath, applicant must renounce all foreign allegiances to become a U.S. citizen. This does not, however, mean applicant has to give up her passport from or citizenship of in her native country. Although the U.S. does not encourage people to be dual citizens, it does not prohibit dual citizenship. The U.S. does not prohibit traveling on two passports. Some countries, however, may prohibit dual citizenship. (2) Support the Constitution. Applicant must also be willing to support and defend the principles of the Constitution and the laws of the United States. (3) Serve the United States. When required by law, Applicant must be willing to: (a) Fight in the U.S. Armed Forces, (b) Perform noncombatant service in the U.S. Armed Forces, and (c)Perform civilian service for the United States. Back to Top *********************************************************************************************************************************************** | 
