Know Your Rights

Naturalization

If I am a legal permanent resident of the United States, what are the requirements for becoming a citizen?

There are various requirements for becoming a US citizen. The most important are: knowledge of English, knowledge of the history and government of the US, and five years of legal residence in the US. (3 years if married to a US citizen)

Must I speak English perfectly to be able to become a citizen?

Although an important requirement is the ability to read, write, and speak English, it is not necessary for you to speak the language perfectly to become a citizen. You need only be able to read, write, and speak at a basic level. Even so, there are some people who are exempt from this requirement:

  • Those who cannot fulfill this requirement because of physical or mental disability.
  • Those who are over 50 and have been a legal permanent resident of the US for 20 years or more.
  • Those who are over 55 and have been a legal permanent resident of the US for 15 years or more.

What is the history and government test like?

Another requirement is knowledge of the history and government of the United States. You will be tested over the basics of these areas. Typical questions are: Who is the President? What do the stars and stripes on the flag mean? If you do not pass the test the first time, you may take it again within 90 days. There are some people who are exempt from this requirement as well.

  • Those who obtained permanent residence through the amnesty process and passed the English and US history test do not have to take them again.
  • Those who cannot fulfill this requirement because of physical or mental disability.

How much time must I have lived in the US as a legal resident to be able to apply for naturalization?

The third requirement is legal residence. To apply for naturalization, you must have been a legal permanent resident for the five years, immediately preceding the date you file your application. Also, you must have been physically present in the US for at least half of the five years. However, if you are the spouse of a US citizen, you must only establish that you have had residence in the US for three years, that you have been physically present in the US for half of the three years. Also, there are exceptions to the physical presence requirement.

If I leave the country, how is my residency affected?

If you are outside of the US for less than six months, your residency is not interrupted. An absence of more than six months but less than a year can effect your residency and an absence of more than a year could lead to a loss of your permanent residency status.

What is the good moral character requirement? Do I have to behave very carefully?

Good moral character does not mean moral excellence, but rather, character that meets normal community standards. There is certain conduct, however, that will absolutely prohibit you from having good moral character. This includes:

  • Being a habitual drunkard
  • Being convicted of certain crimes or admitting that you have committed certain crimes
  • Helping other people to enter the country illegally
  • Being a prostitute
  • Giving false testimony to gain an immigration benefit
  • Being detained for a crime in a penal institution for more than 180 days
  • Being convicted of an aggravated felony

When determining whether you have good moral character, an intentional failure to pay child support can be taken into account. Other things that can be taken into account are the intentional failure to pay income taxes or to register for Selective Service. You must have good moral character for the five years before you file your application for naturalization.

Who is eligible to apply for naturalization?

Any adult 18 or older may file for him or herself. The person who applies must be mentally competent. A US citizen may petition for the naturalization of a child younger than 18 if the child is a legal resident. There is not a residency or physical presence requirement for a child. If you have been convicted of any crime, even driving under the influence, you should contact an attorney. If you apply for naturalization, you may be placed in removal proceedings and deported for certain criminal convictions.

If I apply for naturalization, can I petition for my children at the same time?

Yes. A child younger than 18 can be naturalized automatically under one of the following conditions:

  • When one parent is naturalized if the other parent was a citizen at the time of the child’s birth
  • When the two parents become citizens
  • When one parent is naturalized and the other is deceased
  • When the parent with legal custody of the child becomes a citizen when there is a legal separation of the two parents

How do I apply for naturalization?

You must submit a form N-400 application for naturalization, two photographs, evidence of your legal permanent residence, and the filing fee. These items must be filed with the regional INS service center. If you move, you can ask that INS transfer your application to another office.

First, you will be called for an appointment to get your fingerprints taken. Next, you will be called for an interview and the test. If your application is approved, a date will be set for the oath ceremony. In this ceremony, you will swear to support the Constitution, to renounce loyalty to any other country, to bear arms to defend the US, to provide uncombatant service for the armed forces, and to do work of national importance under civilian direction. The last three requirements do not apply if you can prove that your religion prohibits such activity. If your application is denied, you can appeal.

What are the benefits of naturalization?

  • The right to vote
  • It is easier to petition for your relative. You may petition for more relatives.
  • You cannot be deported
  • A legal resident must always have his residence card in his possession. Also, when a legal resident moves, he must report the change in address to INS or he can be deported. A US citizen does not have to carry an identification card nor advise INS when he moves.
  • There are more jobs available to US citizens. For example, there are many government jobs that require employees to be US citizens.
  • Eligibility for benefits through various government programs.

Naturalization was compiled by
Legal Services Organization of Indiana, Inc. (LSOI)
www.indianajustice.org
1-800-892-2776 New Albany, IN
1-800-852-3477 Evansville, IN
Hispanic Project

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