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Applying for US Citizenship (if you are not citizen by birth)

Eligibility

If you are not a US citizen by birth, you can apply for citizenship through naturalization (the process of an immigrant becoming a citizen of the United States). The following are the basic requirements for becoming a naturalized citizen.

For basic eligibility to become a naturalized U.S. citizen, you must first a spend at least five years as a legal permanent resident of the United States, during which you did not take any trips abroad for more than six months, and were present in the United States for not less than half of the entire period (two-and-a-half years). Additional factors, such as marriage to a U.S. citizen, may affect eligibility for citizenship. The USCIS provides an online eligibility worksheet to help people determine their eligibility.

To qualify for citizenship, you must:

    1. Be 18 years of age or older;
    2. Have been a lawful permanent U.S. resident;
    1. Be a permanent resident for not less than five years. (If a person obtained permanent residence through marriage to a U.S. citizen, they may be eligible for naturalization in three years if the couple has been married for 3 years, if the spouse was a citizen during that entire period, and if the couple are still living in marital unity);
    2. Must have been residing in the state you are applying in for at least three months.
    3. Be physically present in the United States for at least one half of the five years (or one half of three if spouse is a citizen), with no absences longer than six months;
    4. Have resided continuously within the United States from the date the petition was filed to the time of admission to citizenship;
    5. Have been a person of good moral character for the five years of residence; e.g. have paid taxes, have no criminal record etc.
    6. Have an elementary level of reading and writing English. (Exceptions to this rule exist for persons over fifty, in the US for 20 years or more as a permanent resident; and for persons over 55 , in the US for 15 years as a permanent resident); and
    7. Have a basic knowledge of the fundamentals of U.S. government and history. (This requirement can be waived for people over 65 and have been permanent resident for 20 years.)

 

Age:
Applicant must be at least 18 years of age or older to fill the ‘Application of Naturalization’ (Form N-400). Children younger than 18 years use "Application for a Certificate of Citizenship" (Form N-600), and naturalize automatically when their parents become citizens. Adopted children who acquired citizenship from parent(s) use the "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643).

Residency:
Applicant should have been a green card holder (permanent resident) for at least 4 years and 9 months. The time as a permanent resident begins from the date when a person was granted the permanent resident status (the date given on the green card).

For an immigrant married to a US citizen, the applicant should have been a lawful permanent resident for 2 years and 9 months (and continue to be married to the same person).

Good Moral Character:
An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990.


A person also cannot be found to be a person of good moral character if during the last five years he or she:

The following are just some of the situations where Immigration might say a person does not have "good moral character" and deny citizenship:
  • the person has worked but has not always filed income taxes when he should have;
  • a man has lived in the United States at some point during the ages of 18 and 25, but did not register for "Selective Service". (See Special Privileges and Obligations of Living in the U.S.)
  • the person has a drinking problem (especially if arrested for driving while drunk);
  • the person has ever had children with a person to whom he was not married;
  • the person has children but does not live with them, and is not paying child support for the children;
  • the person got public benefits such as food stamps, but did not tell his benefits caseworker right away when he began working again or when he took a brief trip outside of the U.S.;
  • the person has ever lied to Immigration, for example, on earlier applications for permanent residency;
  • the person has ever been arrested by the police for any reason;
  • the person has been convicted of any crimes. This includes nonviolent crimes such as shoplifting.

An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.

Language:
You must be able to speak, read, write, and understand basic English; unless you are at least fifty (50) years of age and have been a lawful permanent resident for at least twenty (20) years; or you are at least fifty-five (55) years of age and have been a lawful permanent resident for at least fifteen (15) years; or you have a permanent physical or developmental disability or mental impairment making it impossible for you to meet the English language requirement.

United States Government and History Knowledge:
You must be able to demonstrate knowledge and understanding of the fundamentals of U.S. history and principles of government; unless you have a permanent physical or developmental disability or mental impairment making it impossible for you to meet the civics requirement. Or you qualify for "special consideration" because you are at least sixty-five (65) years of age and have been a lawful permanent resident for at least twenty (20) years.

(The USCIS guide has an Eligibility Worksheet for those who want to find out if they qualify for Application of Naturalization.)

Fill Out N-400
Get the Application for Naturalization (N-400) and fill it out completely.  An incomplete application will delay the process of naturalization so make sure to complete it. At the interview you could be asked questions based on your application, so be clear and honest and make sure to keep a copy of the application with you.
[Download the N-400 Application]

Get 2 photographs
2 photos of U.S. passport sized (2" x2" or 5 x 5 cm), color (or black and white) on a light/white background and no head coverings unless for religious reasons are required.  The photograph must be clear with a full front view of your face with the size of the head from chin to top-of-head and not smaller than 2-cm. Also the photo must have been taken within the last six (6) months. (refer to photo requirements in the USCIS guide)

Photocopy Documents
Photocopy of your green card and other documents required (refer to the guide for details).  Any documents that are not in English, they should be translated in English and attach that with the original document. Note: Send a copy and not the original. Original documents will be required with you for the interview.

Send Your Application Package
Send your application, fees and documents to the appropriate service center. The guide gives you more details on where to send your application. The fee ($390) for application and fingerprinting has to be in the form of check or money order, no other form of payment is accepted.

  • Once your application is complete, attend an appointment where you will be fingerprinted;
  • Provide any documentation requested by the USCIS;
  • Demonstrate a basic command of the English language;
  • Pass a civics test on the history and government of the United States;
  • Answer questions about your background, and evidence supporting your application for citizenship, including information about your residence, and your willingness to take an oath of allegiance to the United States.

The Decision

Following the interview with the USCIS, a request for citizenship will either be granted, continued, or denied:

Granted: If an application is granted, the applicant can sometimes take the oath ceremony on that very date, or if a person is informed of the decision by mail, he/she will attend a subsequent citizenship ceremony.

Continued: When an application is "continued", it is placed on hold while certain problems or issues are resolved, such as the failure of a test during the interview, or the provision of additional records or documents requested by the USCIS. The letter informing you of the continuation will detail what additional steps must be taken to complete the application process.

Denied. If your application for citizenship is denied, you will receive a letter explaining the reasons for the denial, and informing you of the process for appealing the denial.

Taking the Oath of Allegiance

Even after your application is approved, you will not become a United States citizen until you have taken the Oath of Allegiance, swearing allegiance to the United States and renouncing all allegiances to any foreign country. At this time you will return your Permanent Residence Card (Green Card), and will receive a Certificate of Naturalization.

Getting a Passport

Following the ceremony you will qualify for a United States Passport, and generally speaking should obtain one as soon as possible following the ceremony. If you lose your Certificate of Naturalization and you do not yet have a passport, you will not have proof of citizenship until you can obtain a replacement certificate.