Naturalization Services
Naturalization is the process by which an alien becomes a citizen of the U.S. Citizenship has many advantages over permanent residency. These advantages include:
1. Citizens can vote in national, state and local elections in the U.S. Permanent residents are not eligible to vote.
2. Citizens can leave the U.S. for as long as they like without putting their status in the U.S.at risk. Permanent residents, on the other hand, should not stay outside the country for too long, or they risk abandoning their permanent resident status.
3. Citizens can petition for U.S. immigration benefits for their siblings and married children; permanent residents cannot.
4. Citizens can run for political office in the U.S.; permanent residents cannot.
5. Most jobs with the U.S. federal government are only available to U.S. citizens.
The usual requirements for naturalization are as follows:
1. The alien must be a lawful permanent resident of the U.S.
2. The alien must be at least 18 years old. There are certain situations in which a person less than 18 years old is eligible to become an American citizen; the most common of these is the situation where the alien is the unmarried child of an American citizen.
3. The alien must reside in the U.S. for a certain continuous period prior to the filing of the application. How long the required period of residency is depends on whether or not the alien is married to a U.S.citizen. An alien who is not married to a U.S. citizen must reside in the U.S.for a continuous period of five years before filing the application. An alien who is married to a U.S. citizen needs reside in the U.S. for a continuous period of only three years before filing the application. In order to benefit from the reduced three-year period, the alien needs to have resided together with the U.S. citizen spouse during that three-year period, and the U.S.spouse must have been a citizen for the entirety of those three years. The “continuous period” requirement does not mean that the alien cannot leave the U.S.at any point during the period; it just means that the alien should not leave the U.S.for a prolonged time during that period. Generally, absences of less than six months are fine, while absences of more than six months risk breaking the “continuity” of the period of residence. If you are planning on seeking naturalization in the U.S.and you find yourself needing to leave the U.S. for more than six months, you should contact us before you leave; we can advise you on how to proceed so as to preserve your continuity of residence.
4. The alien must have the ability to read,write and speak ordinary English. The alien’s level of proficiency in English will be determined by an immigration officer during a face-to-face interview. The officer will ask the alien some questions in order to determine the alien’s ability to understand spoken English and to speak English. The officer will give the alien a brief written examination to test the alien’s ability to read and write English. Certain classes of person are exempt from the English-proficiency requirement. These are:
a. Those who are physically unable to comply with the requirement due to disability.
b. Those who are unable to comply with the requirement due to mental impairment.
c. Those who are at least 50 years old at the time of filing and lived in the U.S. as permanent residents for at least 20 years.
d. Those who are at least 55 years old and lived in the U.S. as permanent residents for at least 15 years.
5. The alien must have knowledge and understanding of the fundamentals of U.S. history and government; whether or not this requirement is satisfied is determined by the alien’s performance on a brief multiple-choice test. Those who are exempt from the English-proficiency requirement are still required to demonstrate knowledge and understanding of U.S. history and government (though such people usually receive special consideration in the form of a modified test).
6. The alien must have good moral character and attachment to the principles of the U.S. constitution. This is generally a matter of not engaging in criminal activity, though there are certain behaviors which, while not inherently illegal, might lead to a finding of bad moral character; such behaviors include committing adultery in an open and notorious manner and being a habitual drunkard. Giving false testimony under oath in order to gain a U.S. immigration benefit will also lead to a finding of bad moral character; this means, among other things that you must give truthful answers at your naturalization interview, or you put your naturalization in jeopardy.
If you are interested in becoming a citizen of the U.S., give the experienced immigration professionals at Nicholas Lowry LLC a call and we can guide you through the process.