U.S. Citizenship Acquired by Naturalization
Another way that one may acquire U.S. Citizenship is by Naturalization. This process enables a person who was not born a citizen of the United States to become a U.S. citizen.
In order to qualify for naturalization, one must meet the following requirements:
Technical Requirements:
Under this category one must be considered a legal permanent resident (LPR) in order to be eligible under this category. Such person must also be 18 years of age or older at the time of filing for naturalization. (Note: There are situations where a child may apply for naturalization prior to their eighteenth birthday).
Residential Requirements:
If an alien is not married to a U.S. citizen, then that person must have been residing in the United States for a continuous five year period, after lawful admission to the U.S. as a permanent resident and prior to applying for naturalization.
If an alien is married to a U.S. citizen, then then that person must have been residing in the United States for a continuous three year period, after lawful admission to the U.S. as a permanent resident and prior to applying for naturalization. The alien must be living with said spouse for three years before the alien’s exam date, and the spouse must have been a U.S. citizen during this time.
Please note, that a prolonged absence from the United States will break the continuity of the alien’s residence in the U.S. and the naturalization process will be adversely affected. An absence from the United States for more than six (6) months will break the continuity of the alien’s residence. However, if a reasonable explanation can be given for the alien’s absence (e.g. overseas employment), then, the alien’s residence can be preserved and excused by taking the proper measures prior to the expiration of a year abroad.
An resident alien applying for naturalization must physically be in the United States, and residence is required for three months immediately preceding the filing of the naturalization application in the state in which the petition was filed.
Continuous residence in the United States is also required from the date of filing until the actual admission to citizenship.
Language Requirement:
The petitioning alien must also be able to read, write and speak English. This ability is tested by an immigration examiner who will ask questions in English where responses must be given in English during this process. A reading and writing test will also be required.
There are certain exceptions to taking this test if:
1. a person is physically unable to comply due to a disability
2. a person is unable to comply due to mental impairment
3. a person is fifty years old at the time of filing and lived in the U.S. as a legal permanent resident for at least 20 years.
4. a person is fifty-five years old and lived in the U.S. as a legal permanent resident for at least fifteen years.
U.S. History and Government Requirement Test:
The prospective citizen must have a knowledge and understanding of the fundamental principles of the United States government and its history. This is determined through a multiple choice 100 question test.
Good Moral Character Requirement:
The individual must also have good moral character and attain to the principles of the U.S. Constitution. A prospective citizen does not have good moral character if the following acts have been committed:
1. Involvement in prostitution, alien smuggling, and most any criminal activity
2. Acts of adultery in a notorious open manner
3. Failure to comply with IRS tax laws
4. Failure to register with Selective Service when required
5. Acts of one or more crimes of moral turpitude and/or criminal convictions
6. Acts of two or more convictions where total sentencing exceeded five years
7. Possession of controlled substance, except for a single offense of 30 grams or less of marijuana
8. Conviction of two or more gambling offenses
9. Gained principal income from gambling
10. Habitual drunkards
11. Polygamy
12. Failure to support dependents
13. Giving false testimony under oath,or to receive a benefit under the Immigration and Nationality Act
14. Aliens who have been confined to a penal institution during the statutory period, as a result of a conviction, for more than 180 days.
Related Forms
Complete USCIS Form N-400, Application for Naturalization and reference our Immigration Library Naturalization Resources