07/29/10
Naturalization
People born in the U.S. and its territories are U.S. citizens. Generally, children born outside of the U.S. are U.S. citizen if one of their parents is a U.S. citizen and the parent meets the residence and physical presence requirements established by the law in effect at the time of the child’s birth.Other people are eligible to apply for U.S. Citizenship through a process called Naturalization. The basic requirements are as follows:
The applicant must have been a Permanent Resident (PR) living in the U.S. for at least five years continuously. Only three years if the applicant obtained his or her PR status through marriage to a U.S. citizen. Tip: The application may be filed up to 90 days before the required time period is met.
Living outside of the U.S. for one year generally breaks the "continuity" requirement. In that situation, the person must return to the U.S. and establish PR status for 5 or 3 years to be eligible. An absence from the U.S. of between 6 months and one year raises a rebuttal presumption that continuity of PR status has been interrupted. In that situation, the applicant must prove that he or she maintained continuity of residence by providing evidence of: U.S. employment; presence of immediate family in U.S.; retention of full access to a home in the U.S.; and not obtaining employment abroad.
The applicant must be 18 year of age or older.
The applicant must have resided for at lest three months in the State where the application is filed.
The applicant must not lack good moral character. Examples of "lacking good moral character" include: providing false testimony; making misrepresentations on immigration forms and supporting documents; committing crimes; making false claims of U.S. citizenship; voting; or failing to register with Selective Service.
The applicant must demonstrate knowledge of the English language, U.S. History and Government. Exceptions apply if the applicant has lived in the U.S. for 20 years as a PR and is 50 years of age or older; or lived in the U.S. for 15 years as a PR and is 55 years of age or older.
These are the basic requirements for most people. However, there are many exceptions, especially for: people with minor criminal matters; battered spouses; people with disabilities; asylum seekers; veterans; and members of the armed forces.
It is extremely important to have your case carefully reviewed by an experienced immigration attorney before filing your Naturalization Application because filing for Naturalization could result in the loss of PR status and removal (deportation) from the U.S.