Citizenship

How to become a U.S. citizen

Whether you will find it easy or hard to become a U.S. citizen will depend on too many factors to discuss in this short article, but I will discuss eligibility requirements, age, disability, and relatively new laws governing children born to U.S. citizen parents overseas.

There are only two ways to become a U.S. citizen: by law or by birth.
If you are a citizen by birth, no action on your part is generally required (for example, if you were born in a state or territory of the United States), unless you were born to a U.S. citizen parent or parents overseas, and your birth was not recorded as a birth to U.S. citizens at a U.S. consulate overseas. Please consult a qualified immigration lawyer if the latter situation applies to you.
If you are not a U.S. citizen, then you may seek to become one by naturalization, an administrative process that requires you to take some action and which is strictly governed by the Immigration and Nationality Act (INA).
Generally -- very generally -- you may not become a naturalized U.S. citizen unless you:

1. Are at least 18 years old and a lawful permanent resident ("green card" holder);
2. Have resided continuously in the United States, having been lawfully admitted for permanent residence, for five years immediately preceding the date you filed your application for naturalization, or
3. Have, after having been removed from conditional permanent resident status, based upon your marriage to a U.S. citizen, having resided in the United States for one year after the date the condition was removed;
4. Have resided continuously in the United States at all times after your application to the time and date of your admission for citizenship;
5. Have, during all periods of time referred to above, been and still are a person of good moral character;
6. Have no outstanding deportation or removal order and no pending deportation or removal proceeding;
7. Have the ability to read, write, speak, and understand simple words and phrases in English;
8. Have knowledge and understanding of the fundamentals of U.S. history and government;
9. Are attached to, and can support, the principles of the U.S. Constitution and can swear allegiance to the United States.

You can maintain "continuous presence" in the United States and preserve your permanent resident status by not remaining outside the United States for more than one year, or by obtaining advance approval from U.S. Citizenship and Immigration Services (USCIS, formerly the INS) of the Department of Homeland Security for your absence by filing Form N-470 with a USCIS Service Center before leaving the United States for an extended stay outside the United States. A break in residence of more than one year, without advance approval of Form N-470, means you must start a five-year term of physical presence in the United States again.
Minors with at least one U.S. citizen parent may be naturalized upon the application of the U.S. citizen parent. INA § 322, 8 U.S.C. § 1433. This includes adopted children and is more involved and complicated than is suitable for this article. Please consult a qualified immigration lawyer.
You may file your application for citizenship (USCIS Form N-400, please see our "Forms Download" page on our main web site page near the bottom) up to three months before you meet the residence eligibility requirements referred to above. The USCIS filing fee is a whopping $595, unless you are qualified through active-duty U.S. military service, in which case there is no fee.
You may be found not to possess “good moral character” if you were convicted of murder, an “aggravated felony,” as defined by federal immigration law, a crime of “moral turpitude,” a controlled substance crime (but not for simple possession of 30 grams or less of marijuana), if you gave false testimony to obtain immigration benefits, failed to provide child support, committed adultery or were involved in prostitution, were charged with domestic violence or spousal abuse, or failed to register for Selective Service if you are between the ages of 18 and 25. USCIS has paid greater attention to the offense of driving under the influence of alcohol or other substances, particularly to multiple offense by the same applicant where the latest offense is considered a felony by state law, and is scrutinizing domestic violence or spousal abuse cases very carefully. This is certainly not meant to be an exhaustive list of things that can cause problems with the naturalization process. If any of the above apply to you, or you are concerned that an arrest for a particular offense might subject you to denial of U.S. citizenship, please consult a qualified immigration lawyer.
You will be required to take a literacy test to assess your knowledge of the English language, unless you are:

1. Unable to comply due to a documented disability;
2. Are more than 50 years old and have lived in the United States for 20 years or more as a permanent resident alien;
3. Are more than 55 years old and have lived in the United States for 15 years or more as a permanent resident alien.

You will be required to take a test of your knowledge of U.S. history and government unless you are:

1. Unable to comply due to a documented disability;
2. Are 65 years old or older and have been a permanent resident alien for more than 20 years.

If you are age 65 or older and have been a permanent resident of the US for 20 years you can take a simplified civics test in your language.

Applicants with a physical or developmental disability or a mental impairment so severe that it prevents acquiring or demonstrating the required knowledge of English and civics, may be eligible for an exception to these requirements. To request this exception, you must file a Medical Certification for Disability Exceptions, Form N-648.

USCIS provides accommodations or modifications for applicants with physical or mental impairments that make it difficult for them to complete the naturalization process. In order for USCIS to have enough advance notice to respond to accommodation requests, applicants are encouraged to state their needs on the place provided in the Application for Naturalization, Form N-400.

If you fail the tests, you will be given a second opportunity to pass the tests within 90 days. If you fail a second time, USCIS may prohibit you from re-applying for naturalization for a period of one year.
USCIS officers are required to make a decision concerning your naturalization within 120 days after your interview, or the examining officer may ask you to sign a waiver of this requirement. Most will. If your application is denied, you may appeal to another USCIS officer within the same district office. The new USCIS officer will have 180 days from the date of the filing of your appeal to make a decision. If you application is again denied, or if there is no decision within the 180 days, you may seek review of the officer’s decision in U.S. district court where you live. You may also seek review in federal court if you did not waive the 120-day rule, and USCIS does not make a decision within 120 days.

Naturalization of members of the armed services

Members of the U.S. armed forces may apply for naturalization under a streamlined process established by sections 328 and 329 of the Immigration and Nationality Act (INA). Under section 328, if the servicemember has served honorably for one or more years, is a lawful permanent resident, and is filing an application for naturalization while still in service or within six months of being discharged, he or she is eligible for U.S. citizenship. Under section 329, if the servicemember has served during an "authorized period of conflict", he or she is eligible to apply for naturalization if the servicemember has served honorably during the authorized period of conflict; after enlistment, was lawfully admitted as a permanent resident OR at the time of enlistment, re-enlistment or induction was physically present in the United States or a qualifying territory. Authorized conflicts include World War One, Sept. 1, 1939 to Dec. 31, 1946; June 25, 1950 to July 1, 1955; Feb. 28, 1961 to Oct. 5, 1978; and Sept. 11, 2001 and after. No fees are charged for these naturalization processes and the process is available overseas at U.S. embassies, consulates and at certain military installations. All naturalization applications (Form N-400, Form G-325A, and certified N-426) involving a member of the armed services in the United States should be filed with the Nebraska Service Center until further notice.
Special naturalization procedures apply to those who served on active duty on behalf of the U.S. armed forces during certain military hostilities defined by law. Surviving spouse of U.S. citizens who died during periods of honorable service on active duty are also eligible. Military applicants must also have continuously resided in the United States for at least five years and have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application, unless the applicant has filed an application while still in the service or within six (6) months of separation. In the latter case, the applicant is not required to meet these residence and physical presence requirements, and there is no filing fee.

Naturalization of children on application of citizen parent

The naturalization of children in the United States is administered by USCIS. A U.S. citizen parent who is unable to transmit U.S. citizenship to a child born abroad as a result of an inability to satisfy the transmission period requirement, may apply for the expeditious naturalization of that child. One of two prerequisites must be satisfied: Either 1) the child must be residing permanently in the U.S. with the citizen parent pursuant to a lawful admission, or 2) for a child residing abroad, a citizen parent or the child's U.S. citizen grandparent must have been physically present in the United States or in its outlying possessions for a period or periods totaling not less than five years, at least two of which periods were after the child attained the age of 14 years. The U.S. citizen grandparent's physical presence in the U.S. allows for the expeditious naturalization of a child without permanent resident ("green card") status.
USCIS procedures should be as follows:

1. The applicant forwards the N-600 application for certificate of citizenship, along with supporting documents, to INS field office in the United States that has jurisdiction over the U.S. citizen parent's or U.S. citizen grandparent's residence.
2. CIS determines whether the applicant is eligible, approves application, and then forwards a letter and naturalization appointment date to applicant.
3. The applicant presents CIS approval and appointment letter to U.S. consular post in his or her home country.
4. The U.S. consular post issues a B-2 visitor visa to the applicant.

This process will allow parents to make a one- stop visit to the United States for purposes of naturalizing their child as a U.S. citizen. The law also provides that the illegitimate child of a U.S. citizen parent may be naturalized. An illegitimate child is considered eligible to become a U.S. citizen if:

1. The child was born after December 23, 1952, and the mother was a U.S. citizen at the time of the child’s birth and had been physically present in the United States for a continuous period of one year prior to the child’s birth, or
2. The father is a U.S. citizen and:
a. The child was born on or after November 15, 1968;
b. A parent-child relationship was established on or after November 14, 1986;
c. Blood relationship is established by clear and convincing evidence;
d. The father was a U.S. citizen at the time of the child’s birth; the father, unless deceased, agrees in writing to support the child until he or she reaches the age of 18;
e. Before the child reaches 18, the child is legitimized under the law of the child’s residence or domicile, the father acknowledges paternity of the child in writing under oath, or the child’s paternity is established by adjudication of a competent court.

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