Becoming a U.S. citizen is a significant milestone for many immigrants, offering a range of benefits including the right to vote, eligibility for federal jobs and protection from deportation. If you are a U.S. permanent resident (also known as a Green Card holder), you may be eligible to apply for citizenship through a process called naturalization. This article will guide you through the key requirements and steps necessary to qualify for U.S. citizenship.
Permanent Resident Requirement
The first and most fundamental requirement of U.S. citizenship is that you must be a lawful permanent resident. This means you hold a Green Card, which demonstrates your legal right to live and work in the U.S. Before applying for citizenship, you must meet specific residency requirements:
General Rule: Most applicants must have been permanent residents for at least five years. However, there are some exceptions:
Marriage to a U.S. Citizen: If you are married to a U.S. citizen, you may be eligible to apply after just three years of permanent residency, provided you have been living in marital union with your spouse during that time.
Military: There are special provisions for those who have served in the U.S. military, which may allow for expedited citizenship.
During this period, you must also have maintained continuous residence in the U.S.
Continuous Residence: You must have lived in the U.S. continuously for five years before applying (or three years if married to a U.S. citizen). Absences of six months or more may disrupt your continuous residence unless you can prove that you did not intend to abandon your residency.
Physical Presence: In addition to continuous residence, you must have been physically present in the U.S. for at least 30 months out of the five years (or 18 months out of the three years if married to a U.S. citizen). Extended absences from the U.S., particularly those longer than six months but less than a year, may require you to provide evidence that you did not intend to abandon your residency.
In addition to physically being in the U.S., there are several more requirements:
Good Moral Character: To qualify for U.S. citizenship, you must demonstrate good moral character. This generally means that you have obeyed the law and have not been involved in any criminal activities or other behaviors that would reflect poorly on your character. Certain criminal convictions, such as those involving moral turpitude, drug offenses or aggravated felonies, can permanently bar you from obtaining citizenship.
It is important to note that USCIS (United States Citizenship and Immigration Services) reviews your entire history, not just the five years immediately preceding your application. However, demonstrating a clean record during this time frame is crucial.
English Language Proficiency
U.S. citizenship applicants must demonstrate the ability to read, write and speak basic English. Certain applicants may be exempt from the English language requirement based on age and the length of time they have been permanent residents.
50/20 Rule: If you are 50 years old or older and have been a permanent resident for at least 20 years, you are exempt from the English language requirement but must still take the civics test in your native language.
55/15 Rule: If you are 55 years old or older and have been a permanent resident for at least 15 years, you are also exempt from the English requirement but must take the civics test in your native language.
Knowledge of U.S. Civics and History
In addition to the English language requirement, you must also demonstrate knowledge of U.S. history and government, commonly known as civics. The civics test includes up to ten questions, of which you must correctly answer six to pass. The questions cover a range of topics: U.S. government; structure and functions of the government, the Constitution, branches of government and elected officials.
Study materials, including a list of 100 potential questions, are available from USCIS to help you prepare.
Naturalization Interview and Oath Ceremony
Once your background check is complete, you will be scheduled for a naturalization interview with a USCIS officer. During the interview, you will be asked questions about your application and background, and you will take the English and civics tests. If your application is approved, you will be scheduled to attend an Oath of Allegiance ceremony, where you will officially become a U.S. citizen.
Becoming a U.S. citizen is a complex but rewarding process that requires careful preparation and adherence to the eligibility requirements. By ensuring that you meet the residency, moral character, language and civics knowledge criteria, and by following the application process diligently, you can successfully transition from a U.S. permanent resident to a U.S. citizen.
Barbara Wong is an attorney at Mission Law & Advocacy, P.C. and SW Law Group P.C. We provide free monthly legal clinics. If interested, please feel free to reach out to [email protected]
