Applying for US Citizenship (if you are not citizen by
birth) Eligibility
If you are not a US citizen by
birth, you can apply for citizenship through naturalization (the
process of an immigrant becoming a citizen of the United
States). The following are the basic requirements for becoming a
naturalized citizen.
For basic eligibility to become a naturalized U.S. citizen, you must
first a spend at least five years as a legal permanent resident of the
United States, during which you did not take any trips abroad for more
than six months, and were present in the United States for not less than
half of the entire period (two-and-a-half years). Additional factors,
such as marriage to a U.S. citizen, may affect eligibility for
citizenship. The USCIS provides an online eligibility worksheet to help
people determine their eligibility.
To qualify for citizenship, you must:
- Be 18 years of age or older;
- Have been a lawful permanent U.S. resident;
- Be a permanent resident for not less than five years. (If a
person obtained permanent residence through marriage to a U.S.
citizen, they may be eligible for naturalization in three years
if the couple has been married for 3 years, if the spouse was a
citizen during that entire period, and if the couple are still
living in marital unity);
- Must have been residing in the state
you are applying in for at least three months.
- Be physically present in the United States for at least one
half of the five years (or one half of three if spouse is a
citizen), with no absences longer than six months;
- Have resided continuously within the United States from the
date the petition was filed to the time of admission to
citizenship;
- Have been a person of good moral character for the five
years of residence; e.g. have paid taxes, have no criminal
record etc.
- Have an elementary level of reading and writing English.
(Exceptions to this rule exist for persons over fifty, in the US
for 20 years or more as a permanent resident; and for persons
over 55 , in the US for 15 years as a permanent resident); and
- Have a basic knowledge of the fundamentals of U.S.
government and history. (This requirement can be waived for
people over 65 and have been permanent resident for 20 years.)
Age:
Applicant must be at least 18 years of age or older to fill the
‘Application of Naturalization’ (Form
N-400). Children younger than 18 years use "Application for
a Certificate of Citizenship" (Form
N-600), and naturalize automatically when their parents
become citizens. Adopted children who acquired citizenship from
parent(s) use the "Application for a Certificate of Citizenship
on Behalf of an Adopted Child" (Form
N-643).
Residency:
Applicant should have been a green card holder (permanent
resident) for at least 4 years and 9 months. The time as a
permanent resident begins from the date when a person was
granted the permanent resident status (the date given on the
green card).
For an immigrant married to a US citizen, the applicant
should have been a lawful permanent resident for 2 years and 9
months (and continue to be married to the same person).
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 Act 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:
The following are just some of the situations where
Immigration might say a person does not have
"good moral character" and deny citizenship:
- the person has worked but has not always filed
income taxes when he should have;
- a man has lived in the United States at some
point during the ages of 18 and 25, but did not
register for "Selective Service". (See Special
Privileges and Obligations of Living in the U.S.)
- the person has a drinking problem (especially if
arrested for driving while drunk);
- the person has ever had children with a person
to whom he was not married;
- the person has children but does not live with
them, and is not paying child support for the
children;
- the person got public benefits such as food
stamps, but did not tell his benefits caseworker
right away when he began working again or when he
took a brief trip outside of the U.S.;
- the person has ever lied to Immigration, for
example, on earlier applications for permanent
residency;
- the person has ever been arrested by the police
for any reason;
- the person has been convicted of any crimes.
This includes nonviolent crimes such as shoplifting.
An applicant must disclose all relevant facts
to the Service, including his or her entire criminal history,
regardless of whether the criminal history disqualifies the
applicant under the enumerated provisions.
Language:
You must be able to speak, read, write, and understand basic
English; unless you are at least fifty (50) years of age and
have been a lawful permanent resident for at least twenty (20)
years; or you are at least fifty-five (55) years of age and have
been a lawful permanent resident for at least fifteen (15)
years; or you have a permanent physical or developmental
disability or mental impairment making it impossible for you to
meet the English language requirement.
United States Government and History Knowledge:
You must be able to demonstrate knowledge and understanding of
the fundamentals of U.S. history and principles of
government; unless you have a permanent physical or
developmental disability or mental impairment making it
impossible for you to meet the civics requirement. Or you
qualify for "special consideration" because you are at least
sixty-five (65) years of age and have been a lawful permanent
resident for at least twenty (20) years.
(The USCIS guide has an Eligibility Worksheet
for those who want to find out if they qualify for Application
of Naturalization.) Fill Out N-400
Get the Application for Naturalization (N-400)
and fill it out completely. An incomplete application will delay
the process of naturalization so make sure to complete
it. At the interview you could be asked questions based
on your application, so be clear and honest and make
sure to keep a copy of the application with you.
[Download
the N-400 Application]
Get 2 photographs
2 photos of U.S. passport sized (2" x2" or 5 x 5 cm), color
(or black and white) on a light/white background and no head
coverings unless for religious reasons are required. The photograph must be
clear with a full front view of your face with the size of the head from
chin to top-of-head and not smaller than 2-cm. Also the photo must have
been
taken within the last six (6) months. (refer to photo requirements in
the USCIS guide)
Photocopy Documents
Photocopy of your green card and other documents required (refer to the
guide for details). Any documents that are not in English, they
should be
translated in English and attach that with the original document. Note:
Send a copy and not the original. Original documents will be required
with you for the interview.
Send Your Application Package
Send your application, fees and documents to the appropriate service
center. The guide gives you more details on where to send your
application. The fee ($390) for application and fingerprinting has to be
in the form of check or money order, no other form of payment is
accepted.
- Once your application is
complete, attend an appointment
where you will be fingerprinted;
- Provide any documentation
requested by the USCIS;
- Demonstrate a basic command
of the English language;
- Pass a civics test on the
history and government of the
United States;
- Answer questions about your
background, and evidence
supporting your application for
citizenship, including
information about your
residence, and your willingness
to take an oath of allegiance to
the United States.
The
Decision
Following the interview with the
USCIS, a request for citizenship
will either be granted, continued,
or denied:
Granted: If an
application is granted, the
applicant can sometimes take the
oath ceremony on that very date, or
if a person is informed of the
decision by mail, he/she will attend
a subsequent citizenship ceremony.
Continued: When
an application is "continued", it is
placed on hold while certain
problems or issues are resolved,
such as the failure of a test during
the interview, or the provision of
additional records or documents
requested by the USCIS. The letter
informing you of the continuation
will detail what additional steps
must be taken to complete the
application process.
Denied. If your
application for citizenship is
denied, you will receive a letter
explaining the reasons for the
denial, and informing you of the
process for appealing the denial.
Taking
the Oath of Allegiance
Even after your application is
approved, you will not become a
United States citizen until you have
taken the Oath of Allegiance,
swearing allegiance to the United
States and renouncing all
allegiances to any foreign country.
At this time you will return your
Permanent Residence Card (Green
Card), and will receive a
Certificate of Naturalization.
Getting a
Passport
Following the ceremony you will
qualify for a United States
Passport, and generally speaking
should obtain one as soon as
possible following the ceremony. If
you lose your Certificate of
Naturalization and you do not yet
have a passport, you will not have
proof of citizenship until you can
obtain a replacement certificate.
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