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Naturalization & Citizenship

Citizenship confers special rights, privileges, and obligations on the holder in his or her country. Citizen status implies full legal and political membership in a larger society, as well as permanent allegiance to that society. Citizenship may result automatically as the result of certain conditions present at birth. For example, in most nations of the world, citizenship attaches at birth to children born within their borders. Alternatively, citizenship may depend on descent, as when a child takes on the citizenship of his or her parents. The United States recognizes forms of both of these doctrines. The third method of obtaining citizenship in the US is through the naturalization process, discussed at length below.

Dual Citizenship

Citizenship rules are country specific. People who meet the citizenship requirements of more than one country at the same time are said to have dual nationality or dual citizenship.

Example: Kevin, a British national, and his American wife Stacey have a child named Walter, who was born at an American hospital. Walter is a dual national - a US citizen by virtue of his birthplace and his mother's nationality and also a British citizen through his relationship with his father.

Nationalization

If an individual does not gain US citizenship through either birth or descent, he or she may achieve citizenship through naturalization. Naturalization involves the acquisition of citizen status through specialized legal processes. To become a naturalized citizen of the United States, a foreign national first must meet several legal standards.

• Entry, residence, and physical presence: The applicant must lawfully enter the country and gain legal permanent resident status. Subject to certain exceptions, after becoming a legal resident, a foreign national must reside in the United States continuously for five years. During that period, he or she must be physically present in the country for at least 50 percent of the time. This "probationary" period allows the foreign national to become fully acclimated to American life and systems so that he or she can fully participate in the national community upon becoming a citizen. In addition to satisfying the foregoing requirements, the applicant must reside continuously in the United States from the time of filing the naturalization application until the time of admission to citizenship, and he or she must also have resided for at least three months in the state or the United States Citizenship and Immigration Services (USCIS) district in which the naturalization application was filed.
  
  
• Age: Subject to an exception for individuals who have honorably served on active duty in the Armed Forces during a period of military hostilities, a naturalization applicant must be at least 18 years old. Parents or adoptive parents can file applications on behalf of children under this age with their petitions. An alien child may also obtain derivative citizenship through the naturalization of one or both of his or her parents.
  
  
• Literacy and education: The applicant must possess the ability to understand, speak, read, and write basic English. Certain older applicants may receive an exemption from this requirement if their residence is of long standing. Likewise, certain persons with physical or developmental disabilities may be exempt. Subject to certain exceptions, applicants must also demonstrate knowledge of the history and government of the United States. USCIS administers an examination to applicants that they must pass to qualify for naturalization. Applicants may take the exam more than once if necessary.
  
  
• Good moral character: Applicants must show their good moral character during the required period of continuous residence in the US, and from the date of filing the naturalization petition until citizenship is granted. (For special classes of applicants for whom there is no required period of continuous presence in the US, the person must show his or her good moral character at the present time). However, USCIS may, under certain circumstances, look at the applicant's behavior preceding the statutory period. While the good moral character standard is hard to define, courts have found habitual drunkenness, polygamy, illegal gambling, and perjury to be inconsistent with good moral character.
  
  
• Attachment to constitutional principles: Applicants must show they are "attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States." This requirement ensures that new citizens generally agree with the philosophical foundation of the community. Attachment to the Constitution includes a commitment to the Bill of Rights and a belief in representative democracy. Individuals well disposed to good order and happiness can show they like the United States and believe in its political systems.
  
  

After the applicant has made the required showings and has completed the naturalization process, the applicant takes an oath of allegiance to the United States, renouncing other national allegiances. However, the required oath of renunciation is not routinely enforced and many naturalized citizens become dual nationals of the US and of their countries of origin. The pledge also includes an obligation to support the Constitution and, subject to certain exceptions, to bear arms on behalf of the United States if required.

After the applicant has taken the oath, USCIS issues a certificate of naturalization.

Although the applicant achieves citizenship by means of the naturalization process, he or she may yet face denaturalization under certain circumstances. For example, he or she may be subject to denaturalization if USCIS discovers that the individual's application was deceptive or illegal.

Because of the complicated standards, bureaucratic process, and possible retroactive pitfalls, a prospective US citizen should employ an immigration attorney to assist him or her with the naturalization process.

Questionnaire: Are You Eligible for Naturalization?

To read and printout a copy of the Questionnaire please link below.

Are You Eligible for Naturalization?

You can download a free copy of Adobe Acrobat Reader here.

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