People migrate from one country to another for reasons ranging from economic motivations to reuniting with loved ones who are abroad. Often times an immigrant's move to another country involves permanently leaving their home country in order to become a citizen of the new country. Under the United States legal system, naturalization is the process through which an immigrant acquires U.S. citizenship. This is required for someone who was not born a citizen of the U.S. or did not acquire citizenship shortly after birth.
A person who becomes a U.S. citizen through naturalization enjoys all the freedoms and protections of citizenship, such as the right to vote and register, the right to hold and use a U.S. passport, and the right to serve on a jury in a court of law. The basic requirements for naturalization are set forth in this article. In most cases applicants for naturalization will use Form N-400, “Application for Naturalization".
“Good moral character" requirement: What does this mean?
In order to qualify for naturalization, an applicant must also demonstrate that they have good moral character. In general, “moral character' usually refers to a person's standing in the community, especially with regards to honesty and truthfulness. The standards for evaluating moral character may vary over time and also from area to area.
So, for example, if a person is convicted of a crime involving dishonesty, such as fraud or tax evasion, this will almost certainly disqualify them for naturalization. Also, lying on a naturalization application or during a naturalization interview is obviously grounds for denial. Other examples that would disqualify a person under the good moral character requirement are:
- Criminal records: Any crimes involving murder or other “aggravated felonies" constitute a bar to naturalization. Criminal records that have been expunged (erased) must still be reported to the USCIS
- Crimes involving intent to harm another person, crimes against property, and crimes involving fraud or malicious intent
- Multiple crimes whose sentences add up to 5 years or more
- Violations of controlled substance laws (i.e., drugs)
- Crimes involving moral turpitude (such as gambling, prostitution, continual drunkenness)
- Failure to comply with court-ordered sanctions
- Terrorist acts and persecutions based on religion or political affiliation
Generally speaking an immigration officer may conduct a background investigation dating back to five years before the date of application for naturalization. If the application is denied due to the failure to meet the good character requirement, the applicant may have the option to appeal or reapply.
Who is Eligible for Naturalization?
The United States Citizenship and Immigration Services (USCIS) is a branch of the government that deals with immigration issues such as naturalization. In order to be eligible for naturalization, the USCIS requires that the person is:
- Eighteen years of age or older
- A lawful permanent resident (“LPR" or green card holder) of the U.S.
- In continuous residence in the U.S. for at least 5 years* at the time of application, and physically present for at least half the time of continuous residence.
- Possessing good moral character
*Note: A person may also satisfy the “continuous residence" if they are a lawful permanent resident who is married to a U.S. citizen. In this case, the continuous residence requirement is 3 years rather than 5 years. The continuous residence requirement also involves a physical presence requirement (see below).
Applicants serving in the U.S. military may be exempt from the continuous residence requirement, though they must still file a proper application.
“Continuous Residence" vs. “Physical presence"
U.S. naturalization law makes a distinction between an applicant's “continuous residence" versus their “physical presence". In general, as stated above, the applicant should have at least 5 years continuous residence (3 years if married to a U.S. citizen). In addition, they should be “physically present" for at least half the time of continuous residence.
“Continuous residence" refers to the time that a person spent outside the U.S. on a single trip or vacation. If a person leaves the U.S. for longer than one year, this almost always results in breaking their “continuous residence" requirement. For example, if the person had lived in the U.S. for 2 years, but then leaves the U.S. for more than a year, they have disrupted the 5 years continuous residence requirement.
“Physical presence" refers the total number of days a person has been outside the U.S. prior to application for naturalization. For example, the person may have taken several short trips that amounted to over one year absence from the United States. In this case, though they may not have disrupted the continuous residence requirement, they might have disrupted the physical presence requirement.
For more details on calculating continuous residence and physical presence, consult a lawyer or visit the USCIS link to continuous residence requirements.
Other requirements for naturalization- English and Civics
After a person has applied for naturalization, they will be required to take several more steps, such as an interview and a naturalization test. In the naturalization test, the applicant will be asked 10 out of 100 possible questions that they must be prepared for. They must score 6 out of 10 or better in order to pass. The purposes of these questions are:
- To demonstrate that the person is fluent in English, both written and spoken, including common phrases and simple words for ordinary usage.
- To demonstrate that the person is knowledgeable in American civics: having a basic fundamental knowledge of U.S. history, its principles and form of government.
In order to assist applicants, the USCIS website has published flash cards for preparation and study for the naturalization test. Applicants are encouraged to answer the questions using the information provided on the flash cards.
There are various exemptions for the English and civics tests, namely if a person is over a certain age (50-65 years old) and has demonstrated continuous permanent residence for a long period of time (15-20 years). There are also exemptions based on disabilities.
Finally, other requirements for naturalization include submission of photographs and fingerprints, as well as taking an Oath of Allegiance.
The Oath of Allegiance
The Oath of Allegiance is the last step to citizenship, during which the applicant renounces allegiance to other countries, including their country of origin. Also, they must swear to uphold allegiance to the United States, and support and defend the U.S. Constitution and laws. Lastly, they must pledge to serve the U.S. if called upon.
Filing: How do I go about filing for a naturalization application? How much does it cost and how long is the wait?
The form for application can be obtained at the USCIS website and is known as Form N-400, “Application for Naturalization". There is a total filing fee of $675 ($595 for seniors over 75 years of age). Filling fees may be waived for those in U.S. military service.
The filing process usually takes an average of six months from the time of application, though waiting periods can be longer.
If your application is denied, you can appeal your file through administrative review by using Form N-336, “Request for a Hearing on a Decision in Naturalization Proceedings". There is a $605 fee for this hearing process. Alternatively, a person may also re-apply if their application is denied. This requires re-submitting the required documents, and once again paying the original filing fee of $675.
Conclusion
The naturalization process can be a lengthy and tedious procedure, but it is well worth the effort. Perhaps the most obvious piece of advice here is to be completely truthful and honest, as any indication of lying is a sure way to have an application denied. Hiring a lawyer can also help the process, since any technical errors can cause an unwanted delay.
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