Naturalization refers to the process of becoming a United States citizen if you were born outside the United States provided you meet the following eligibility criteria.
(i) 18 years of age at the time of filing
(ii) United States permanent residence for a required time period
(iii) Lived within the state or USCIS district where residence is claimed at least three months prior to filing
(iv) Demonstrate physical presence within the United States for a required period of time
(v) Demonstrate continuous presence within the United States for a required period of time
(vi) Demonstrate good moral character
(vii) Demonstrate an attachment to the United States Constitution’s principals and ideals
(viii) Demonstrate a basic knowledge of United States history and government, I.e. civics and, an ability to read, write, speak and understand basic English and,
(ix) Take an Oath of Allegiance to the United States
Contact us to file for Naturalization. It is extremely important that you contact an experienced Attorney who is well versed in the application process. It is extremely important that you contact us if you have been convicted of a misdemeanor and or felony since you became a permanent resident as we have handled such cases.
FAQS
The general steps for applying for U.S. citizenship through naturalization are:
- Complete the Naturalization Application: Complete and submit the naturalization application to USCIS along with supporting documentation.
- Biometrics Appointment: Attend a fingerprinting and biometric screening appointment if required.
- Interview: Attend an interview with a USCIS officer, where you will be asked about your application and tested on your English and civics knowledge.
Applicants must pass a two-part test:
- English Test: This includes reading, writing, and speaking tests. The applicant must show an ability to understand and communicate in basic English.
- Civics Test: Applicants must answer questions about U.S. history, government, and civic principles. There are 100 questions, but only 10 are asked during the interview, and the applicant must answer at least 6 correctly to pass.
A criminal record does not automatically disqualify you from naturalization, but it may complicate your case. Certain crimes, especially serious ones like felonies or crimes involving moral turpitude, may prevent you from demonstrating “good moral character.” USCIS will evaluate your criminal history, and you may be denied citizenship based on the nature of the offenses or if you have not shown rehabilitation.
If you have violated immigration laws such as overstayed your visa, entered the U.S. illegally, etc., this could impact your eligibility. Some violations may lead to disqualification, but there are waivers available in certain circumstances. It’s important to consult with an Immigration Attorney if you have any immigration violations in your history.
Continuous residence implies you have lived in the U.S. for the required period without taking long trips abroad. If you leave the U.S. for more than six months, it could disrupt your continuous residence requirement. Applicants who take trips of six months or more may need to demonstrate that they maintained ties to the U.S. during their absence.
If your application is denied, you will receive a written explanation from USCIS. In some cases, you may be able to appeal the decision. The appeal process is handled by the Board of Immigration Appeals (BIA), but this can be a lengthy process. You may also be able to reapply in the future if you address the reasons for the denial.
There are some exemptions for the English language requirement:
- Age Exemption: If you are 50 years or older and have lived in the U.S. as a permanent resident for 20 years or more, you may not need to take the English test.
- Disability Exemption: If you have a physical or developmental disability, you may be exempt from the English language requirement, but you must provide evidence of the disability.
While U.S. citizenship is generally permanent, it can be revoked in very limited circumstances, such as:
- If it was obtained through fraud or misrepresentation.
- If you voluntarily give up your citizenship, i.e. renounce it.
- If you are involved in activities against U.S. national security such as serving in a foreign army engaged in hostilities against the U.S.
Yes, children under 18 can automatically become U.S. citizens if they are lawful permanent residents (Green Card holders) and meet other requirements when their parent(s) become naturalized. This is known as “derivative citizenship.”
The processing time for naturalization can vary, but it typically takes anywhere from 8 to 12 months from the time of applying to the naturalization interview. Some cases may take longer if there are complications or if USCIS is experiencing a backlog.
Yes, you can travel outside the U.S. during the naturalization process. However, extended travel or a series of trips abroad may impact your continuous residence requirement and or delay your case. It’s essential to check the specifics prior to traveling.
Contact us if you have questions about naturalization or need assistance with the application process.