Citizenship & Naturalization

The following is a description of the requirements for naturalization and procedures involved:

Naturalization

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.

General Eligibility Requirements

A lawful permanent resident of the United States may apply for naturalization as a United States citizen if the following conditions are met:

1. For either of the two required waiting periods described below, the applicant has at all times been a lawful permanent resident ("green card" holder) of the United States:

• For three full years, if also married to a United States citizen (that is, three years of being married to a U.S. citizen and holding a green card at the same time); or,
• For five years, otherwise; and,
• At least three months' residence in the local area (to establish court jurisdiction).

2. The applicant has in the United continuously resided States during the three or five year qualifying period. This means no continuous absences of more than one year.
3. The applicant has been physically present for a cumulative period equal to one day longer than one half the total number of days in the three or five year qualifying period.
4. The applicant is a person of good moral character. A criminal conviction for a serious crime statutorily prevents an applicant from establishing good moral character. Otherwise, in the absence of recorded bad behavior, good moral character is generally presumed.

Dual Citizenship

The United States requires all new citizens to take an oath of allegiance to the United States. Part of that oath includes a renunciation of all prior nationality.

Many countries, including Canada, France and the United Kingdom, do not recognize the United States oath of allegiance as a renunciation of citizenship and therefore obtain dual citizen status upon a grant of U.S. citizenship.  Other countries such as Japan or Germany have a different view point and do consider U.S. citizenship as a renunciation.  Citizens of these countries lose their former citizenship.  You should always contact the embassy of your native country to obtain an advisory opinion on the effect of United States citizenship on your present citizenship.

Military

If you are a member of the U.S. Armed Forces and are interested in becoming a U.S. citizen, you may be eligible to apply for citizenship under special provisions. Generally, service in the U.S. Armed Forces means service in one of the following branches:

• Army
• Navy
• Marine Corps
• Air Force
• Coast Guard
• Certain Reserve components of the National Guard, and
• Selected Reserve of the Ready Reserve

Recent changes make it easier for qualified military personnel to become U.S. citizens if they choose to file a naturalization application. And, there is now a streamlined process specifically for military personnel serving in active-duty status or recently discharged.

There are general requirements and qualifications that must be met in order for you to become a U.S. citizen as mentioned above. As a member of the military there are some naturalization requirements for which you may be exempt, including the required residency and physical presence in the United States.

Derivative Citizenship

Children born abroad of U.S. citizen parents derive citizenship from their parents. There are complex formulas to determine the derivative citizenship of a child when there is one parent who is a citizen and the other parent is an alien, or a lawful permanent resident. Other elements that complicate the formula are whether the child was born in or out of wedlock, what year the child was born, whether the U.S. citizen parent naturalized and when, etc. . . Then there are retention requirements to be satisfied and other residency elements. You must consult with a professional to fully analyze your particular case and eligibility.

Child Citizenship Act

The Child Citizenship Act (CCA) declares that children who are younger than 18 years of age and have at least one parent, who is a U.S. citizen by birth or naturalization, will acquire automatic citizenship. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.

To see how you may qualify for citizenship or naturalization contact the S.A. Young Law Firm, P.A. today for your free, initial consultation.