Naturalization and U.S. Citizenship

If you have been a legal permanent resident for at least 5 years, then you are eligible to apply for naturalization to obtain U.S. Citizenship. The process takes approximately one year. First, you submit Form N-400, Application for Naturalization, to U.S. Citizenship and Immigration Services (USCIS). In turn, USCIS will schedule a naturalization interview during which you will be tested on your ability to read, write, and speak English and your understanding of basic U.S. history. Finally, USCIS will schedule an oath ceremony for you where you will be become a U.S. citizen and receive your naturalization certificate.

(1) Continuous Physical Presence

A naturalization applicant must have resided in the United States for a period of five years as a lawful permanent resident. During the five years of continuous residence in the United States, the lawful permanent resident must have been physically present in the United States for at least half of the five years. Finally, the applicant must have resided at least three months in his or her current district.

Although the Immigration and Nationality Act requires applicants to continue to reside in the United States while their application is pending, short trips outside the country are allowed. An applicant that has been outside the United States for a period of one year must complete a new five year continuous residence period.

There are exceptions to the continuous residence requirement for applicants serving abroad in the U.S. military, for example.

(2) Age

A naturalization applicant must be at least 18 years old. Children usually acquire citizenship automatically through their parents if the child resides in the United States as a lawful permanent resident within the legal custody of a parent that naturalizes.

(3) Language and Educational Requirements

Applicant must also be able to speak, read, and write English. There are exceptions to this requirement. First, a person that is over 50 (fifty) years old and has been a legal permanent resident for at least twenty (20) years is exempt from the English language requirement. Likewise, a person over fifty-five (55) years of age who has been a legal permanent resident for at least fifteen (15) years is exempt from the requirement.

In addition, section 312 of the Immigration and Nationality Act requires that applicants for naturalization know and understand the basic history of the United States and its form or government.

(4) Good Moral Character

Applicants must be of “good moral character.” The phrase “good moral character” is defined under Section 101(f) of the Immigration and Nationality Act with certain act that preclude the finding of good moral character. For instance, a habitual drunkard, a person convicted of crime involving moral turpitude, a person involved with prostitution, human smuggling, drug trafficking, and polygamy will not meet the “good moral character” threshold.

The list under section 101(f) of the Immigration and Nationality Act is not exhaustive. As a result, conduct not listed under that section may still result in a finding that an applicant does not have good moral character. For example, failing to pay child support may preclude an applicant’s ability to demonstrate “good moral character.” U.S. Citizenship & Immigration Services focuses on the five year period before an application is submitted. However, an immigration officer may take past conduct beyond the five year statutory period into account to determine whether an applicant has “good moral character.”

Significantly, a person that has been convicted of a relatively minor offense may still lack “good moral character.” More importantly, however, a conviction for a relatively minor offense may constitute an “aggravated felony.” If so, the naturalization application will be denied. Worse, the applicant may be subject to removal from the United States. In a stark example, the Second Circuit Court of Appeals, in United States v. Pacheco, held that a lawful permanent resident who stole a $10 dollar video game and received a one-year suspended sentence was removable from the United States because the conduct constituted an “aggravated felony.” Because he committed a theft offense with a sentence of one year or longer, his conduct constituted an “aggravated felony.” If Pacheco were applying for naturalization, his application would be denied, and he would be subject to removal from the United States.

In sum, the “good moral character” requirement for naturalization applicants appears to be a straightforward list, but encompasses a variety of conduct. The implications are noteworthy, the consequences, far reaching. Thus, this naturalization requirement demands close analysis by any applicant.

(5) Attachment to the U.S Constitution

An applicant must further show that they are in general agreement with the basic precepts of the U.S. Constitution: belief in representative democracy, the ideals of the Bill of Rights, etc. This requirement is not absolute. But, an immigration officer will look to an applicant’s state of mind, taking into account the applicant’s conduct over time.

(6) Oath of Allegiance

The oath of allegiance consists of pledging to support the U.S. Constitution, renouncing foreign allegiances, defending the United States from enemies, bearing arms when required by law or perform other services of national importance.

An applicant may be unable to take the oath if his or her religious views do not allow them to bear arms under any circumstances. In such cases, the applicant may take a modified oath of allegiance. Before being granted a modified oath, however, the applicant must prove that the basis of their opposition to the oath by clear and convincing evidence.