Becoming a U.S. citizen is a significant milestone for many immigrants, offering a range of benefits including the right to vote, eligibility for federal jobs, and protection from deportation. If you are a U.S. permanent resident (also known as a Green Card holder), you may be eligible to apply for citizenship through a process called naturalization. This article will guide you through the key requirements and steps necessary to qualify for U.S. citizenship.
Permanent Resident Requirement
The first and most fundamental requirement U.S. citizenship is that you must be a lawful permanent resident. This means you hold a Green Card, which demonstrates your legal right to live and work in the U.S. indefinitely. Before applying for citizenship, you must meet specific residency requirements:
General Rule: Most applicants must have been permanent residents for at least five years.
Marriage to a U.S. Citizen: If you are married to a U.S. citizen, you may be eligible to apply after just three years of permanent residency, provided you have been living in marital union with your spouse during that time.
Exceptions: There are special provisions for those who have served in the U.S. military, which may allow for expedited citizenship.
During this period, you must have maintained continuous residence in the U.S.
Continuous Residence: You must have lived in the U.S. continuously for five years before applying (or three years if married to a U.S. citizen). Absences of six months of more may disrupt your continuous residence unless you can prove that you did not intend to abandon your residency.
Physical Presence: In addition to continuous residence, you must have been physically present in the U.S. for at least 30 months out of the five years (or 18 months out of the three years if married to a U.S. citizen). Extended absences from the U.S., particularly those longer than six months but less than a year, may require you to provide evidence that you did not intend to abandon your residency, such as maintaining a home or a job in the U.S.
Good Moral Character: To qualify for U.S. citizenship, you must demonstrate good moral character. This generally means that you have obeyed the law and have not been involved in any criminal activities or other behaviors that would reflect poorly on your character. Some specific factors that could affect your moral character include: Criminal Record: Certain criminal convictions, such as those involving moral turpitude, drug offenses, or aggravated felonies, can permanently bar you from obtaining citizenship. False Testimony: Providing false information to obtain immigration benefits can also negatively impact your application. Failure to Support Dependents: Failing to pay child support or other obligations may be viewed as a sign of poor moral character.
It is important to note that USCIS reviews your entire history, not just the five years immediately preceding your application. However, demonstrating a clean record during this time frame is crucial.
English Language Proficiency: U.S. citizenship applicants must demonstrate the ability to read, write, and speak basic English. The naturalization test includes an English language component, which consists of: Reading: You will be asked to read aloud one out of three sentences correctly. Writing: You must write one out of three sentences correctly. Speaking: Your ability to speak English will be determined by your answers to questions during your interview with a USCIS officer. Certain applicants may be exempt from the English language requirement based on age and the length of time they have been permanent residents: 50/20 Rule: If you are 50 years old or older and have been a permanent resident for at least 20 years, you are exempt from the English language requirement but must still take the civics test in your native language. 55/15 Rule: If you are 55 years old or older and have been a permanent resident for at least 15 years, you are also exempt from the English requirement but must take the civics test in your native language.
Knowledge of U.S. Civics: In addition to the English language requirement, you must also demonstrate knowledge of U.S. history and government, commonly known as civics. The civics test includes up to ten questions, of which you must correctly answer six to pass. The questions cover a range of topics, including: U.S. government; Structure and functions of the government, including the Constitution, branches of government, and elected officials. U.S. History: Key events, figures, and dates in American history. Rights and Responsibilities: Understanding the rights guaranteed to U.S. citizens and the responsibilities that come with citizenship. Study materials, including a list of 100 potential question, are available from USCIS to help you prepare.
Attachment to the Constitution: Applicants for U.S. citizenship must demonstrate an attachment to the principles and ideals of the U.S. Constitution. This means that you must be willing to support and defend the Constitution and the laws of the U.S. During the naturalization interview, you will be asked to take an Oath of Allegiance, which includes a commitment to bear arms on behalf of the U.S. if required by law. However, you may request a modified oath if you have a religious or moral objection to bearing arms.
Application Process: To apply for U.S. citizenship, you must complete and submit Form N-400, Application for Naturalization. Along with the form, you will need to provide supporting documents, including: Green card (Form I-551); Marriage/Divorce certificates (if applicable); filing fee, note that as of April 2024, the filing fee is $760 for a paper filing and $710 for an online filing.
Most Applicants must have been permanent residents for at least five years.
After submitting your application, you will be scheduled for a biometrics appointment to provide fingerprints, photos, and a signature. This information will be used to conduct a background check.
Naturalization Interview and Oath Ceremony: Once your background check is complete, you will be scheduled for a naturalization interview with a USCIS officer. During the interview, you will be asked questions about your application and background, and you will take the English and civics tests. If your application is approved, you will be scheduled to attend an Oath of Allegiance ceremony, where you will officially become a U.S. citizen.
Becoming a U.S. citizen is a complex but rewarding process that requires careful preparation and adherence to the eligibility requirements. By ensuring that you meet the residency, moral character, language, and civics knowledge criteria, and by following the application process diligently, you can successfully transition from a U.S. permanent resident to a U.S. citizen.
Barbara Wong, Esq.