Citizenship
A person may become a U.S. citizen (1) by birth or (2) through naturalization.
Generally, people are born U.S. citizens if they are born in the United
States or if they are born to U.S. citizens. If you are not a U.S.
citizen by birth or did not acquire U.S. citizenship automatically
after birth, you may still be eligible to become a citizen through
the normal naturalization process. People who are 18 years and older
use the "Application
for Naturalization" (Form N-400) to become naturalized. Persons
who acquired citizenship from parent(s) while under 18 years of age
use the "Application for a Certificate of Citizenship" (Form
N-600) to document their naturalization. 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) to
document their naturalization.
General Naturalization Requirements
Age
Applicants must be at least 18 years old. Children
under 18 are naturalized under different procedures.
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, 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:
- has been lawfully admitted for permanent residence (see preceding
section);
- has 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;
- 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);
- 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 U.S. citizen or one year for Armed Forces expedite) prior to
filing for naturalization. The Service 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 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:
- has committed and been convicted of one or more crimes involving
moral turpitude;
- has committed and been convicted of 2 or more offenses for which
the total sentence imposed was 5 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;
- has given false testimony, under oath, in order to receive a benefit
under the Immigration and Nationality Act.
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.
Please note that all male U.S. citizens and lawful permanent residents
between 18 and 26 must register for the Selective Service. Failure to
do this is a ground for denying a naturalization application, based
on a lack of good moral character, if the person knowingly and willfully
failed to register Naturalization applicants who have failed to register
for Selective Service should submit an affidavit with their naturalization
application stating that his failure to register was not willful.
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:
- 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;
- 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
- 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.
Exceptions: (A) 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. (B) 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.
Oath of Allegiance
To become a citizen, one must
take the oath of allegiance. By doing so, an applicant swears to:
- support the Constitution and obey the laws of the U.S.;
- renounce any foreign allegiance and/or foreign title; and
- bear arms for the Armed Forces of the U.S. or perform services for
the government of the U.S. 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, INS will permit these applicants to take a modified
oath.
