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Naturalization to United States Citizenship
Once an individual becomes a United States Permanent Resident, s/he often
finds that new issues arise that could impact his/her ability to maintain status
as a Permanent Resident and/or meet the eligibility requirements for applying
for United States citizenship down the road. To become a naturalized United
States citizen, a permanent resident must reside continuously in the United
States for a period of five (5) years following lawful admission to Permanent
Resident status, must be actually physically present in the United States for at
least half of that period and must not be outside the United States for one year
or more at any given time. Please note that maintaining continuity of residence
for naturalization purposes is a different issue from maintaining Permanent
Resident status. Driving forces in this area include temporary/permanent
transfers outside the United States or other lengthy stays outside the United
States. Absences from the United States are one of the main issues affecting an
individual's ability to maintain his/her status as a Permanent Resident and
eventually being eligible to apply for naturalization.
Permanent
Residents may become naturalized United States citizens if they meet certain
requirements. Permanent Residents are not required to become United States
citizens and may reside in the United States indefinitely. The requirements for
citizenship include the following:
- Lawful admission for permanent residence
- Residence for five (5) years after lawful admission to permanent residence
(three years (3) for the spouses of United States citizens who obtained their
permanent residence on the basis of that marriage) and continuous residence to
the date of naturalization and intent to reside permanently in the U.S.
- Physical presence for thirty (30) months or more during the five (5) years
preceding the submission of the application for naturalization (eighteen (18)
months for spouses of United States citizens) without a continuous absence of
one year or more (unless Application to Preserve Residence for Naturalization
Purposes is approved by USCIS)
- Ability to speak, read and write English
- Knowledge and understanding of the history and government of the United
States
- Good moral character and attachment to the principles of the United States
Constitution (Willingness to take the full oath of allegiance to the United
States)
Exceptions to the above requirements including the
following:
The ability to read, speak and write English is not required
of four (4) classes of applicants:
- Those physically unable to comply because of a disability (blindness,
deafness, etc.);
- Those unable to comply because of a developmental disability or mental
impairment;
- Those over 50 years of age who have lived in the United States for 20 years
since being lawfully admitted to permanent residence; and
- Those over 55 years of age who have lived in the United States for 15 years
since being lawfully admitted to permanent residence.
In some
situations the minor children of naturalized citizens derive United States
citizenship through the naturalization of their parent or parents, and it is
possible for a United States citizen to file a naturalization application for a
minor child (under 18 years - this benefits adopted children and children born
outside the United States who did not acquire United States citizenship at
birth) and some children who have United States citizen grandparent(s) may be
eligible for naturalization (parents cannot transmit citizenship).
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