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United States Citizenship/Naturalization

There are four ways of becoming a United States Citizen

  • The Fourteenth Amendment to the United States Constitution provides that anyone born in the United States and subject to the jurisdiction of the United States is a United States Citizen by Birth. There is an exception for children born to high-ranking foreign diplomats while in the United States. The rationale behind this exception is that  Children born of diplomats accredited to the United States and having full diplomatic immunity are not subject to the Jurisdiction  of the United States. As such, those children do not fall within the provisions of the 14th Amendment and are not Citizens or Nationals of the United States. They are however, eligible for consideration for Lawful Permanent Residents  Status of the United States.
  • Person(s) who are born in another country to parents who are United States Citizens may, depending on the fulfillment of the requirement of the law, become United States Citizens at birth through Acquisition of United States Citizenship.
  • A person can become United States Citizens through a process called “Naturalization.
  • Persons who are Lawful Permanent Residents of the United States and whose parent or parents are United States Citizens through Naturalization or other ways such as acquisition of Citizenship, may, depending on fulfillment of certain requirements of the law become United States Citizens through derivation of Citizenship.

Benefits of becoming a United States Citizen

There are many advantages to becoming a United States Citizen. Some of these include:

  • The right to vote in United States Elections,
  • The right to travel with a United States passport,
  • The right to help some relatives Immigrate to the United States more quickly,
  • The right to obtain certain government jobs,
  • The right to hold public office
  • The right to obtain certain government benefits,
  • The right not to be excluded or removed (deported) from the United States
  • The right to live in another country without losing the right to legally return to the United States
  • The right to obtain Citizenship for Children born abroad.

Responsibilities of Citizens

To become a United States Citizen an Applicant  must take the Oath of Allegiance. The Oath includes several promises the Applicant make when s/he becomes  a United States Citizen, including promises to:

  • Swear allegiance to the United States;
  • Support and defend the Constitution and the laws of the United States; and
  • Serve the country when required.

United States 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 Citizens.
  • Tolerance for differences in opinions, cultures, ethnic groups, and religions is also a responsibility of Citizens.

 

Reason why some people do not want to apply for Citizenship

  • An Applicant for Naturalization could be removed( deported) from the United States if information on the Applicant Naturalization Application N-400  lets the United states Citizenship and Immigration Services  (USCIS) know that Applicant is removable. A Lawful Permanent Resident can be subject to removal/deportation for a number of reasons.
  • Some countries restrict foreigners (including naturalized United States 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 .
  • 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.
  • 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.

 Becoming a United States Citizen  is not  the right path for everyone who is a Lawful Permanent Resident. For some, becoming a United States 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 his/her green card and being deported/removed. In summary, it could be an Applicant worse nightmare.

Naturalization

Naturalization is commonly referred to as the process in which a person not born in the United States voluntarily becomes a United States Citizen.  In order to naturalize, a Lawful Permanent Resident has to meet certain requirements that are set forth in the Immigration and Nationality Act. 

Basic Requirement for Naturalization

An Applicant must :

  • Be a Lawful Permanent Resident for at least five years ( If Applicant is  married to a United States Citizen for three years, s/he is required to be a Lawful Permanent Resident for just three years in order to be eligible for Naturalization)
  • Be  18 years old
  • Have good moral character.
  • Be able to pass an English exam (be able to have a fairly simple conversation in English).
  • Be able to pass a test on United States history and government(be able to answer simple questions at  the interview about United States history and government.)
  • Have made a home in the United States for at least five years (three years for Spouses of United States Citizen);
  • Not have disrupted the continuity of his/her residence in the United States.
    Have been physically present in the United States for at least half of the five year period (If a spouse of     a United States citizen its half of the three years and
  • Swear loyalty to the United States 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  defined as being lawfully admitted without such status having changed. Therefore,  an Applicant have must  been lawfully admitted as a permanent resident and  must have maintained that status.
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 United States 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 a naturalized Citizen. Special rules apply to minor unmarried Lawful Permanent Resident children  of United States 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 United States Citizen, the period is reduced to three years. Under certain circumstances,United States Citizenship and Immigration Services (USCIS) may consider events before the five (or three) year period when deciding if an Applicant has good moral character if they shed light on the period in question .

There is a statutory and discretionary ground for denying a naturalization Application on ground of the Applicant lacking  good moral character.The Applicant can be statutorily denied if  the Applicant commits an act that is specifically listed as a disqualifying factor in the Immigration and Nationality Act. An Applicant can also be denied in USCIS discretion where the examining Officer 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 .
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 .This type of offenses or crimes are Permanent bar to Naturalization.Certain offense are temporary bars to Naturalization.Temporary bars prevent an Applicant from qualifying for Citizenship for a certain period of time after the offense.

  § 101(f) of the Immigration and Nationality Act contains the Statutory grounds of disqualification from Naturalization.
 
Naturalization English Language Test

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

  •  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.
  • 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 .

 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).
                                                                                                                                                           

Naturalization Civic Test

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 United States 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.

Residence in the  United States

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 United States 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.

Exceptions to the five-years Residency Requirement

The spouse of a United States 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 United States Citizen for three years and the United States 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  United States

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 United States Citizen only needs to have been physically in the United States for half of 3 years (18 months) instead of half the 5 years (30 months). 

Discontinuity of Residence (Abandonment of Residence for Naturalization Purpose)

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 or three years period before applying for Naturalization. This is an issue for Applicants who have spent long period of time outside the United States. If an Applicant has left the United States 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 United States 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 United States government, certain people working for American corporations and public international organizations doing business abroad.

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 United States Citizen) from his/her return to the United States after his/her absence to reapply for Naturalization.

Attachment to the Principles of the Constitution

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.

 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 United States, 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 .

 

Link to 

N-400:Application For Naturalization


© Law Offices of Osas Iyamu, LLC. 2008