Naturalization is the most common way by which an individual from another country can obtain U.S. citizenship. Since U.S. citizenship is the apex of the immigration process, it is imperative that your application is handled expeditiously by an experienced attorney. Your U.S. citizenship not only solidifies your status in the U.S., but it could also solidify the status of your family in the U.S. for generations to come.
If you would like to apply for citizenship in the U.S. through naturalization, you must meet the following requirements:
AGE:
You must be at least 18 years of age to apply. If you are under 18 years of age, you may naturalize automatically if your parents become citizens.
RESIDENCY:
You must be a lawful permanent resident (green card holder) for at least 5 years. If you married to a U.S. citizen, you only have to be a lawful permanent resident for at least 3 years.
RESIDENCE AND PHYSICAL PRESENCE:
You must be continuously residing in the U.S. as a lawful permanent resident for at least 5 years as well as have been physically present in the U.S. for at least half of the 5 years (30 months). If you are married to a U.S. citizen, you must be physically present for at least have of the 5 years (18 months). You must also be residing in the state from which you are applying in for at least three months.
GOOD MORAL CHARACTER AND ATTACHMENT TO THE PRINCIPLES OF THE U.S. CONSTITUTION:
You must be a person of ‘good moral character’ and be able to prove that you have paid your taxes in the U.S., have no criminal record and have not been involved in any illegal acts.
A person 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.
LANGUAGE:
You must be able to speak, read, write, and understand English.
KNOWLEDGE OF THE UNITED STATES GOVERNMENT AND HISTORY:
You must be able to demonstrate knowledge and understanding of the fundamentals of U.S. history and principles of government.
RESIDENCE AFTER YOUR APPLICATION IS FILED:
You must reside continuously in the U.S. from the date you file your application to the date of your approval.
While these are the basic requirements for naturalization each of the above is a uniquely defined term. In addition to their specific definitions the USCIS has also established exceptions and procedures, which allows a great deal of discretion in certain circumstances.
If you would like to apply for U.S. citizenship through naturalization or if you have any questions regarding the process, please contact us to speak with one of our immigration attorneys today!