| Naturalization
- Eligibility Requirements
Age
Applicants must be at least 18 years old.
Refer to the section, Naturalized Citizen's Children section
of the USCIS web page under Waivers, Exceptions, and Special Cases
for information on applicants who are less than 18 years old.
Click HERE
for the main naturalization page
See Also INA
334
Residency
An applicant must have been lawfully admitted to the United States
for permanent residence. Lawfully admitted for permanent residence
means having been legally accorded the privilege of residing permanently
in the United States as an immigrant in accordance with the immigration
laws. Individuals who have been lawfully admitted as permanent
residents will be asked to produce an I-551, Alien Registration
Receipt Card, as proof of their status.
See Also INA
316
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the
filing of the application, he or she:
- has been lawfully admitted for permanent residence (see preceding
section);
- has resided continuously as a lawful permanent resident in
the U.S. for at least 5 years prior to filing with no single
absence from the United States of more than one year;
- has been physically present in the United States for at least
30 months out of the previous five years (absences of more than
six months but less than one year shall disrupt the applicant's
continuity of residence unless the applicant can establish that
he or she did not abandon his or her residence during such period)
- has resided within a state or district for at least three
months
Good Moral Character
Generally, an applicant must show that he or she has been a person
of good moral character for the statutory period (typically five
years or three years if married to a U.S. citizen or one year
for Armed Forces expedite) prior to filing for naturalization.
The Service is not limited to the statutory period in determining
whether an applicant has established 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:
- 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.
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.
See Also INA
316
Attachment to the Constitution
An applicant must show that he or she is attached to the principles
of the Constitution of the United States.
See Also INA
316
Language
Applicants for naturalization must be able to read, write, speak,
and understand words in ordinary usage in the English language.
Applicants exempt from this requirement are those who on the date
of filing:
- have been residing in the United States subsequent to a lawful
admission for permanent residence for periods totaling 15 years
or more and are over 55 years of age;
- have been residing in the United States subsequent to a lawful
admission for permanent residence for periods totaling 20 years
or more and are over 50 years of age; or
- have a medically determinable physical or mental impairment,
where the impairment affects the applicant's ability to learn
English.
See Also INA
312
United States Government and History Knowledge
An applicant for naturalization must demonstrate a knowledge
and understanding of the fundamentals of the history and of the
principles and form of government of the United States. Applicants
exempt from this requirement are those who, on the date of filing,
have a medically determinable physical or mental impairment, where
the impairment affects the applicant’s ability to learn
U.S. History and Government
Applicants who have been residing in the U.S. subsequent to a
lawful admission for permanent residence for at least 20 years
and are over the age of 65 will be afforded special condsideration
in satisfying this requirement.
See Also INA
312
Oath of Allegiance
To become a citizen, one must take the oath of allegiance. By
doing so, an applicant swears to:
- support the Constitution and obey the laws of the U.S.;
- renounce any foreign allegiance and/or foreign title; and
- bear arms for the Armed Forces of the U.S. or perform services
for the government of the U.S. when required.
In certain instances, where the applicant establishes that he or
she is opposed to any type of service in armed forces based on religious
teaching or belief, INS will permit these applicants to take a modified
oath.
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