Immigration Law » Citizenship and Naturalization

Citizenship and Naturalization

1. What is the Naturalization means?
2. What is the Citizenship means?
3. How can I become a U.S. citizen?
4. What are the requirements for becoming a naturalized United States citizen?
5. What Documents Required Preparing for your U.S. Citizenship Application?
6. Which INS form is used for applying for naturalization?
7. What is the fee for form n-400?
8. What else do I need to send to the INS?
9. Where do I file my U.S. citizenship application?
10. I am a U.S. citizen, but my spouse is not. Our child was born outside the United States and I want the child to be a U.S. citizen. How do go about it?
11. I meet the citizenship requirements. What is the Naturalization Process?
12. Where do I go to get fingerprinted?
13. What if I want to reschedule my fingerprinting or citizenship interview appointment?
14. How long will it take to become a U.S. citizen after filing my application?
15. What is the Interview Process?
16. If I become a U.S. citizen, is my child automatically a citizen?
17. If I am married to a U.S. citizen, will I automatically get U.S. Citizenship?
18. Can I reapply for U.S. citizenship if the U.S. Citizenship and Immigration Services (USCIS) denies my application?
19. Do trips to outside of the U.S affect my eligibility for citizenship?
20. What is the difference between "physical presence" and "continuous residence"?
21. How do I find out the status of my U.S. citizenship application?
22. What do I do if my address has changed?
23. How do I prepare for the Interview?
24. Where will the citizenship interview be conducted?
25. Where will the citizenship tests (civics and English tests) be held?
26. What the process of taking the Oath?
27. What should I do if I cannot attend my oath ceremony?

1. What is the Naturalization means?

Naturalization is the step to become a US citizen.

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

* a period of continuous residence and physical presence in the United States;
* residence in a particular USCIS District prior to filing;
* an ability to read, write, and speak English;
* a knowledge and understanding of U.S. history and government;
* good moral character;
* attachment to the principles of the U.S. Constitution; and,
* favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens. Applicants should review the materials listed under "Related Links" and carefully read the N-400 application instructions before applying.

Note: Recent changes in immigration law and USCIS procedures now make it easier for U.S. military personnel to naturalize (see Naturalization Information for Military Personnel).

For more information visit:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35...

2. What is the Citizenship means?

Citizenship is a lifetime benefit which gives you the maximum rights available in the United States. In addition, U.S. citizens generally do not have to reside in the U.S. By contrast, green card holders can have their green cards revoked if they fail to reside in the U.S.

Citizenship is one of the most coveted gifts that the U.S. government can bestow, and the most important immigration benefit that USCIS can grant. Most people become U.S. citizens in one of two ways:

* By birth, either within the territory of the United States or to U.S. citizen parents, or
* By Naturalization.

In addition, in 2000, Congress passed the Child Citizenship Act (CCA), which allows any child under the age of 18 who is adopted by a U.S. citizen and immigrates to the United States to acquire immediate citizenship.

This channel of USCIS.gov will give you information on the various paths to citizenship.

This page can be found at http://www.uscis.gov/citizenship

3. How can I become a U.S. citizen?

In order to become a U.S. citizen, you must

(1) have been admitted to lawful permanent residence for five years (three years if Green Card obtained through marriage to U.S. citizen);

(2) you must be 18 years old;

(3) you must be maintain continuous residence for five years (three years if Green Card obtained through marriage to U.S. citizen);

(4) you must be physically present in the U.S. for at least half of the 5 years (or half of the 3 years if you obtained a Green Card through a U.S. citizen spouse);

(5) you must be a person of good moral character for the 5 years (or 3 years if the alien obtained a Green Card through a U.S. citizen spouse);

(6) you must demonstrate an elementary level of English (reading, writing, understanding); and,

(7) you must have knowledge and understanding of the fundamentals of history and government of the U.S.

Special exceptions to some of the general requirements are available for the disabled, members of the military, veterans, spouses married to U.S. citizens living overseas, and Legal Permanent Residents who work for certain organizations that promote U.S. interests abroad. Similarly exemptions from the English language requirements are available for those over 55 years who and have lived in the United States as a Legal Permanent Resident for 15 years, or are over 50 years old and have lived in the United States as a Legal Permanent Resident for 20 years.

4. What are the requirements for becoming a naturalized United States citizen?

To be eligible for U.S. citizenship, you have held a green card for the past 5 years. If you are married to a U.S. citizen or were in the military, the requirement is only 3 years. An easy way to see if you are eligible is to take our eligibility quiz. Other requirements include:

* Continuous Residency -- making your residence in the United States for the past 5 years (if you are married to a U.S. citizen, then 3 years). Please note that an absence of 6 months or more will interrupt residency. If the break is for 6 months to one year, it may be excused for a reason such as overseas employment.
* Physical Presence -- actually living in the U.S. for half of the required residency period. You can leave and come back to the United States as much as you wish, as long as the absence is for less than 6 months at a time, and as long as the total time spent in the United States adds up to 30 months (18 months if you are married to a US Citizen or were in the military).
* Residing in the state where you are submitting the citizenship application for at least 3 months.
* Not breaking any immigration laws.
* Not having been a member of the Communist Party during the past 10 years, unless your membership was involuntary.
* Being able to show at least 5 years of good moral character. Generally, an application may be rejected if you have had any drug, gambling, or prostitution convictions, practiced polygamy, smuggled illegal aliens into the U.S., or purposefully failed to support dependents. If you have ever been convicted of murder or an aggravated felony, you will permanently be ineligible for citizenship.
* Being able to speak, understand, read, and write simple English during the citizenship interview, unless you have a physical or mental impairment that prevents you from learning English. You may be exempt from this requirement if you are over the age of 50 and have been a permanent resident for over 20 years.
* Passing a test on U.S. History and Government. You may be given special consideration if you are over the age of 65 and have been a permanent resident for more than 20 years.
* Taking an oath of allegiance to the United States.

If you have been in active military service, then special exceptions may apply.

5. What Documents Required Preparing for your U.S. Citizenship Application?

The list below details the information and documents that are usually needed to prepare a U.S. citizenship application.

Your Information / Documents:

* Birth Certificate or Passport
* List of all the names that you may have ever used
* Citizenship of your parents
* Details of any physical or mental disabilities
* Details of residences for the past 5 years
* Details of all employment for the last 5 years, if any
* Details of all education for the last 5 years
* Details of all your trips outside the U.S since the day you became a Green Card Holder (Permanent Resident): dates of travel and places visited.
* If currently married, details about this marriage
* If you were previously married, the details of each of these marriages: dates the marriage began and ended, reason for termination of the marriage, details of each prior spouse such as full name, country of citizenship and if applicable, his or her current immigration status in the U.S.
* Details of any federal, state or local taxes that you have failed to submit or that are overdue
* Details of involvement in any criminal activities. If you have ever been arrested, cited, detained or charged, you will need the details of each incident such as date, place and outcome or disposition.
* If you have ever been subjected to any immigration proceedings, details of each of these proceedings such as date, place and outcome or disposition.
* Details of your service in the U.S armed forces, if any
* Details of Selective Service Registration: Selective Service Number and date of registration. If exempted from Selective Service, reason exemption was granted.
* If not willing to perform military or civilian service, your reason
* The U.S Immigration and Naturalization filing fees of $260. This includes the fingerprinting fee of $50. (Fingerprinting is not required for applicants who are over 75 years of age.)

Your Spouse's Information/Documents (if you are currently married):

* A copy of his or her passport
* Spouse's name, date of birth, Social Security Number, home address, citizenship, and if applicable, his or her immigration status in the U.S.
* If your spouse was previously married, the details of each of these marriages: dates the marriage began and ended, reason for termination of this marriage, details of each prior spouse such as full name, country of citizenship and if applicable, his or her current immigration status in the U.S.

Your Children's (if any) Information/Documents:

* Details for ALL your children (regardless of whether a child is alive, missing or deceased): full name, date and country of birth, present address and if applicable, his or her Alien registration number.

6. Which INS form is used for applying for naturalization?

Form N-400.

7. What is the fee for form n-400?

As of January 15, 1999, the filing fee is $225.00 plus $25.00 fingerprinting fee.

8. What else do I need to send to the INS?

Two identical photographs. The proper supporting documentation, however, varies with the applicant. Form N-400 includes detailed instructions including where to send the application form. Many applicants, though, find that having a qualified immigration law attorney assist them is most helpful in attaining their quest to become naturalized U.S. citizens.

9. Where do I file my U.S. citizenship application?

NYLegalGuide.com will provide you with complete, easy to follow instructions on how and where to file your application.

10. I am a U.S. citizen, but my spouse is not. Our child was born outside the United States and I want the child to be a U.S. citizen. How do go about it?

If your child was born after November 14, 1986 you will have to be able to demonstrate that you as a U.S. citizen were physically present in the United States for at least 5 years after you attained age 14 prior to the child's birth. Simply obtain and file INS Form N-600, entitled "Application for Certificate of Citizenship". It may be necessary for the child to actually live in the U.S. for a period of time down the road to avoid losing U.S. citizenship.

11. I meet the citizenship requirements. What is the Naturalization Process?

You would submit an Application for Naturalization (INS Form N-400) with a $260 application fee, photos and a fingerprint card. You may submit your application 3 months before you meet the residency requirement.

The INS sends the fingerprint card to the FBI which conducts a background check to determine whether you have committed a crime which might disqualify you from citizenship. You will be then interviewed by an INS officer. If you are approved for citizenship by the INS, you would then take the Oath of Allegiance to the United States of America.

12. Where do I go to get fingerprinted?

Once you have filed your application with the U.S. Citizenship and Immigration Services (USCIS), they will send you a letter advising you of where and when to have your fingerprints taken. This can take between several days to several months.

When you go to your appointment, be sure to take your fingerprinting notice letter from the USCIS, your Permanent Resident Card, and another form of identification (drivers license, passport, state identification card) with you. Your second form of identification should have your photograph on it.

Note: If you are 75 years or older at the time you file your application, you do not need to be fingerprinted. In addition, if you are living overseas, you will need to be fingerprinted at a U.S. consular office.

In order to do a criminal background check, the USCIS will send your fingerprints to the FBI. While the FBI is checking your background, the USCIS may send you a letter advising you that additional documents are needed before your interview can be scheduled, and advise you of what information they need and where to send it.

Once everything is ready, the USCIS will schedule you for an interview. You will receive an interview notice in the mail advising you of the date, time, and place of your interview.

13. What if I want to reschedule my fingerprinting or citizenship interview appointment?

If you cannot appear on the original appointment date, you can request a rescheduled appointment by calling the National Customer Service Center at 1-800-375-5283.

The NSC will record the information and then pass it on to the local office, which will make the final decision on whether to reschedule an appointment.

14. How long will it take to become a U.S. citizen after filing my application?

Once you send your application, photographs and fees for filing with the U.S. Citizenship and Immigration Services (USCIS), they take an average time of between 6 and 9 months to provide a decision on your application.

But That depends upon where you reside. In areas with heavy immigrant populations, it is not unusual to wait two years or more to be naturalized. The INS claims to be working toward reducing the processing time for naturalization.

15. What is the Interview Process?

At your interview, you will be placed under oath and asked questions about your background, your case, your character, your attachment to the U.S. constitution and your willingness to take an Oath of Allegiance to the United States.

In addition, the U.S. Citizenship and Immigration Services (USCIS) officer may ask you some other questions to make sure that you meet all the eligibility requirements. Be prepared to explain any differences between your application and the other documents you have provided to USCIS.

During your interview, you will also be tested on your ability to read, write, understand, and speak English, and you will be given a civics test (unless you are exempt from these requirements).

To help prepare for these tests, please see the links below:

* 25 Sample Civics test questions for elderly applicants (see file “25 Sample Civics test questions and answers for elderly applicants”)
* Sample English Test questions and answers (see file “Sample Sentences for Written English Testing”)
* Sample Civics Test questions and answers (see file “Sample Civics Test questions and answers”)

After your interview, the USCIS will either grant, continue, or deny your naturalization application.

Sometimes the USCIS can tell you if you will be granted citizenship at the end of your interview, in which case, you may be able to take an oath ceremony the same day as your interview. Otherwise, you will receive a notice telling you when and where your oath ceremony will be.

The USCIS officer may also "continue" your case, which means it is put on hold. This will add time to your naturalization process, and you will be asked to either come back for a second interview or provide additional documents.

The USCIS may also deny your application for naturalization through a written notice informing you of the reason. If you feel that the USCIS has wrongly denied you citizenship, you may request a hearing with a USCIS officer. Your denial letter will explain how to request a hearing and will include the form you need to appeal the decision.

16. If I become a U.S. citizen, is my child automatically a citizen?

In most cases, your natural or adopted child is a citizen if the following are true:

1. The other parent is also naturalized; or you are the only surviving parent (if the other parent is deceased); or you have legal custody (if you and the other parent are legally separated or divorced).
2. The child was under 18 when the parent(s) naturalized.
3. The child was not married when the parent(s) naturalized and the child was a permanent resident before his or her 18th birthday.

17. If I am married to a U.S. citizen, will I automatically get U.S. Citizenship?

Marriage to a U.S. citizen DOES NOT automatically confer U.S. citizenship under current U.S. law.

Marriage (or engagement) to a U.S. citizen generally allows the alien spouse or fiancé(e) to apply for immigration to the U.S. as a permanent resident (what is commonly referred to as getting a "green card"). The alien spouse can then apply for U.S. citizenship after living in the U.S. for three years.

18. Can I reapply for U.S. citizenship if the U.S. Citizenship and Immigration Services (USCIS) denies my application?

In many cases, U.S. Citizenship and Immigration Services (USCIS) allow you to reapply. If you choose to reapply, you will need to

1. Complete and resubmit a new application on form N-400.
2. Pay the required U.S. Citizenship and Immigration Services (USCIS) fee.
3. Have your fingerprints and photographs taken. (please note you will generally be required to repeat these steps each time you apply) If your application is denied, you will receive the denial letter that should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for citizenship as soon as you are ready to re-take the exams.

19. Do trips to outside of the U.S affect my eligibility for citizenship?

Depending upon the basis of your eligibility for citizenship, "continuous residence" is an important requirement for naturalization. Continuous residence means that you have not left the United States for a long period of time. If you leave the United States for an extended period of time, you may interrupt your "continuous residence." (For example, "continuous residence" may be broken if you take a single trip out of the country that lasts for 6 months or more).

20. What is the difference between "physical presence" and "continuous residence"?

"Physical presence" involves the total number of days you were outside the United States on all of your trips. "Continuous residence" involves the number of days you were outside the United States during any single trip. Even if you never took a trip that was long enough to disrupt your "continuous residence," you may have taken so many short trips that you do not meet the "physical presence" requirement.

21. How do I find out the status of my U.S. citizenship application?

You may do a status check by calling the U.S. Citizenship and Immigration Services (USCIS) if the following situation applies:

1. If your application is pending for longer than the processing time projected on any receipt, and you have not recently received any type of notice or update from the U.S. Citizenship and Immigration Services (USCIS), you can call one of the Service Centers. If you have a receipt, please have it with you when you call because you can receive an automated update on the status of your application using your receipt number. The automated system also provides information about Service Center mailing addresses, hours, service areas, and forms.

The customer service telephone number is the same for all of U.S. Citizenship and Immigration Services (USCIS) Service Centers through one call center (800) 375-5283.

For more Information about the Service Centers, and about each office's address, hours and local procedures can be found at www.uscis.gov.

Writing to the U.S. Citizenship and Immigration Services (USCIS): While calling can be more convenient, you may instead choose to request an update by writing the Service Center.

If you write, please provide the following in your letter:

1. Your current name and address, and, if different, your name as it appears on your application.
2. Any A-number, which is an 8 or 9 digit number following the letter "A", assigned to you or to your application.
3. Your date of birth.
4. The date and place where your application was filed.
5. Any receipt number from any receipt notice issued by the U.S. Citizenship and Immigration Services (USCIS) for your application.
6. If you have received a copy of the most recent notice sent to you by the U.S. Citizenship and Immigration Services (USCIS) on your case you may include that also.
7. The date and office where you were fingerprinted and where you were interviewed, if applicable.
8. Sign your request, or, if you are preparing the request for the applicant, have him or her sign the request. Please mark your envelope: ATTN: Status Inquiry.

22. What do I do if my address has changed?

It is important that the U.S. Citizenship and Immigration Services (USCIS) have your latest address. Otherwise, you may not receive important U.S. Citizenship and Immigration Services (USCIS) information, or the information could be delayed. For example, they may not be able to notify you about the date and time of your interview or about additional documents you may need to send or bring.

If you move after you file your application for citizenship, call the National Customer Service Center's (NSC) toll-free telephone number at 1-800-375-5283 (TTY: 1-800-767-1833) to report your address change. You should also notify the U.S. Postal Service of your new address to help ensure that any mail already on its way will be forwarded to you.

23. How do I prepare for the Interview?

The U.S. Citizenship and Immigration Services (USCIS) will send you only one notice in the mail advising you when and where you must appear for your interview. Be sure to notify the USCIS of any address changes, to make sure you receive your interview notice. If you are unable to appear on the specified date, you should write to the office where your interview is scheduled, as soon as possible, explaining your situation and asking to have your interview rescheduled. If you do not go to your interview and do not contact the USCIS beforehand, your case will be "administratively closed". If the USCIS "administratively closes" your case and you do not contact them within one (1) year to reopen it, they will deny your application.

Rescheduling an interview may add several months to the naturalization process, so try to attend your original interview date.

You should bring the following identification to your interview:

* Your Permanent Resident or Alien Registration Card
* Your passport (even if it has expired)
* Any Re-entry Permits you have

In some cases, your USCIS appointment letter will list additional documents to bring to the interview. If you don't bring the necessary documents, your case may be delayed or denied.

24. Where will the citizenship interview be conducted?

U.S. citizenship applicants have the option of being tested on English literacy and knowledge of U.S History and Government at an Application Support Center (ASC) or other USCIS supervised location before they can attend the naturalization interview.

Applicants who have not completed their tests before they appear for the citizenship interview will be asked to take the tests during the interview. In this case, the same USCIS official who will be conducting the interview will conduct the test during the interview.

25. Where will the citizenship tests (civics and English tests) be held?

The U.S. Citizenship and Immigration Services (USCIS) will send you a notice in the mail advising you of when and where you must appear for your interview. It will usually be conducted at the local U.S. Citizenship and Immigration Services (USCIS) office having jurisdiction over the area where you live.

26. What the process of taking the Oath?

If the U.S. Citizenship and Immigration Services (USCIS) approves your application for naturalization, you must attend a ceremony and take the Oath of Allegiance to the United States. To read "The Oath of Allegiance", click here. If you cannot communicate an understanding of the meaning of the Oath because of a physical or mental disability, the USCIS may excuse you from this requirement.

You will no longer need your Permanent Resident Card (since you will receive your Certificate of U.S. citizenship), and must return it to the USCIS when you check in for your oath ceremony.

Once you have taken the Oath, you will receive your Certificate of Naturalization, which you may use as proof of your U.S. citizenship.

It is strongly recommended that you apply for a U.S. passport soon after your naturalization ceremony. A passport serves as evidence of citizenship and is easier to carry around than a Certificate of U.S. citizenship. In addition, if you lose your Certificate of U.S. citizenship, it can take up to one (1) year to receive a new certificate. If you do not have a passport, you will not have evidence of citizenship during the time you are waiting for a new certificate. You can often get an application for a passport at your oath ceremony or at most post offices.

27. What should I do if I cannot attend my oath ceremony?

If you are unable to attend the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" that the U.S. Citizenship and Immigration Services (USCIS) sent you, along with a letter explaining why you cannot attend the ceremony. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" to advise you of your new ceremony date.