The general requirements to be a naturalized United States citizen are as follows:
1. Age – Applicants must be at least 18 years old.
2. 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.
3. Residence and Physical Presence – An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
1. has been lawfully admitted for permanent residence (see preceding section);
2. has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior (or 3 years if you obtained LPR status based on marriage to a U.S. citizen if you are still married) to filing with no single continuous absence from the United States totaling more than one year;
3. has been physically present in the United States for at least 30 months out of the previous five years (or 18 months out of the last 3 years if your application is based on marriage to a U.S. citizen (absences of more than six months but less than one year may break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period); and
4. has resided within a state or CIS district that has jurisdiction over your application for at least three months
4. 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. However, CIS 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:
1. has committed and been convicted of one or more crimes involving moral turpitude;
2. has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more;
3. 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;
4. 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;
5. has committed and been convicted of two or more gambling offenses;
6. is or has earned his or her principle income from illegal gambling;
7. is or has been involved in prostitution or commercialized vice;
8. is or has been involved in smuggling illegal aliens into the United States;
9. is or has been a habitual drunkard;
10. is practicing or has practiced polygamy;
11. has willfully failed or refused to support dependents; or
12. 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 CIS, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions. Potential removal proceedings may be triggered by filing a naturalization application by an applicant with a criminal record, even if a charge was dismissed or a conviction (or guilty plea) resulted in a probation sentence only. If an applicant has any sort of criminal record, it is important to obtain the advice of a qualified immigration attorney prior to filing.
5. Attachment to the Constitution – An applicant must show that he or she is attached to the principles of the Constitution of the United States.
6. 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:
1. have been residing in the United States subsequent to a lawful admission for permanent residence for at least 15 years and are over 55 years of age; have been residing in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over 50 years of age; or
2. have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn English.
7. 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 living in the U.S. for at least 20 years as lawful permanent residents and are over 65 may receive special consideration in satisfying this requirement.
8. Oath of Allegiance – To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:
1. support the Constitution and obey the laws of the U.S.;
2. renounce any foreign allegiance and/or foreign title; and
3. 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, CIS will permit these applicants to take a modified oath.
If you have questions about citizenship or naturalization or need legal advice or help applying for citizenship or appealing the denial of a citizenship application, contact the Atlanta, Georgia immigration attorneys at Brownstein & Nguyen LLC today for a free consultation. We have over 20 years of experience successfully representing clients in all aspects of immigration law. Click here to see what our clients say about our experience and dedication in handling their legal matters.
