Naturalization
An individual can become a United States citizen at birth, during childhood by virtue of a parent's citizenship, or through a process called naturalization. The requirements for naturalization can be difficult to understand and cumbersome to pursue. At McKinney & Justice, PA, we will offer an individualized assessment of your ability to become a U.S. citizen, draft the application and help you to document your case correctly and completely. In addition, our firm will conduct a mock "interview" to prepare you for the real thing. Contact us for assistance!
Requirements for Naturalization
Age: Applicants must be at least 18 years old.
Residency: An applicant must have been lawfully admitted to the United States for permanent residence.
Residence and Physical Presence: An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
has been lawfully admitted for permanent residence;
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with absences from the United States totaling no more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period);
has resided within a state or district for at least three months.
Good Moral Character: Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.
Attachment to the Constitution: An applicant must show that he or she is attached to the principles of the Constitution of the United States.
Language: Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing:
have been residing in the United States subsequent to a lawful admission for permanent residence for at least 15 years and are over 55 years of age;
have been residing in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over 50 years of age; or
have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn English.
United States Government and History Knowledge: An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn U.S. History and Government.
Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement.
Oath of Allegiance: To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:
support the Constitution and obey the laws of the U.S.;
renounce any foreign allegiance and/or foreign title; and
bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required.
In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, USCIS will permit these applicants to take a modified oath.
Spouses of U.S. Citizens: Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:
the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
the applicant meets all other naturalization requirements.
There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:
the U.S. Government (including the U.S. Armed Forces);
American research institutes recognized by the Attorney General;
recognized U.S. religious organizations;
U.S. research institutions;
an American firm engaged in the development of foreign trade and commerce of the United States; or
certain public international organizations involving the United States.
Veterans of U.S. Armed Forces: Certain applicants who have served in the U.S. Armed Forces are eligible to file for naturalization based on current or prior U.S. military service. Such applicants should file the N-400 Military Naturalization Packet.
Lawful Permanent Residents with Three Years U.S. Military Service: An applicant who has served for three years in the U.S. military and who is a lawful permanent resident is excused from any specific period of required residence, period of residence in any specific place, or physical presence within the United States if an application for naturalization is filed while the applicant is still serving or within six months of an honorable discharge. To be eligible for these exemptions, an applicant must:
have served honorably or separated under honorable conditions;
completed three years or more of military service;
be a legal permanent resident at the time of his or her examination on the application; or
establish good moral character if service was discontinuous or not honorable.
Applicants who file for naturalization more than six months after termination of three years of service in the U.S. military may count any periods of honorable service as residence and physical presence in the United States.
An applicant who has served honorably during any of the following periods of conflict is entitled to certain considerations:
World War I - 4/16/17 to 11/11/18;
World War II - 9/1/39 to 12/31/46;
Korean Conflict - 6/25/50 to 7/1/55;
Vietnam Conflict - 2/28/61 to 10/15/78;
Operation Desert Shield/ Desert Storm - 8/29/90 to 4/11/91or
International War on Terrorism - 9/11/2001-present
Applicants who have served during any of the aforementioned conflicts may apply for naturalization based on military service. The requirements for specific periods of physical presence in the United States and residence in the United States are waived.
USCIS introduced a new, redesigned naturalization test on September 27, 2007. The date of the application filing and the actual interview date will determine whether the new test or the old test is administered. For permanent residents who filed for naturalization before 10/1/08 AND are scheduled for the naturalization interview before 10/1/08, the “old” naturalization test will be administered. Those who filed before 10/1/08, but who are not scheduled for the interview until after 10/1/08, can choose to take the old test or the new, redesigned version. Anyone applying after 10/1/08 will be required to take the new, redesigned test, as will anyone interviewed after 10/1/09.
Please click here for USCIS information regarding the redesigned test and new Civics and English study materials.
