Overview
A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection.
In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.
As a citizen, you get unique rights and privileges which include the right to vote, having a U.S. passport, the U.S. government’s protection when abroad and the right to petition for green cards for your children and close relatives. As a U.S. citizen, you cannot be deported or lose your citizenship even if you commit a crime or choose to live elsewhere in the world, unless you misrepresented yourself to get citizenship or were ineligible at the time.
Naturalization is the way immigrants become citizens of the United States.
The general requirements for administrative naturalization include:
- A period of continuous residence and physical presence in the United States.
- An ability to read, write and speak English.
- Good moral character.
- Attachment to the principles of the U.S. Constitution.
- Favorable disposition toward the United States.
All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.
Procedure
The basic procedure for naturalization requires an applicant to:
- file form N-400 and supporting documents, fingerprint chart, two photos and a $310.00 (effective on April 30, 2004) filing fee with the USCIS office that has jurisdiction over the applicant’s residence;
- attend a formal examination at USCIS with or without an attorney where the alien will be interviewed, under oath, regarding information conveyed on the N-400, and examined on English literacy and American history; and
- attend a court or USCIS ceremony (if the USCIS determines the applicant is eligible for citizenship and so recommends) for the official swearing-in and issuance of a certificate of naturalization.
Substantive Requirements: Details and Exceptions
- English language and American history requirement: An applicant must demonstrate literacy in English. The USCIS takes into consideration the applicant’s education and background. Until recently, only applicants who were over 50 years old and had been legal permanent residents of 20 years or more were not subject to the English literacy requirement (”50/20 rule”). Now, however, an applicant over 55 who has been a legal permanent resident for at least 15 years is also not subject to the literacy requirement (”55/15 rule”). Persons eligible for the 50/20 or 55/15 waivers are still required to pass the U.S. government and history exam, but may be questioned through an interpreter.
- Residency requirements: An applicant must reside in the state or USCIS district where the petition is filed for at least three months before filing. The applicant must also be physically present in the United States for at least half the time of the residency requirement, e.g., at least 30 months and one day for those individuals subject to the five-year residency requirement. During this time, the applicant must maintain status as a legal permanent resident. Additionally, the applicant may not be continually absent from the U.S. for more than one year during the time counted toward the physical presence requirement.
- Good Moral Character: An applicant is deemed not to have good moral character if he or she was at any time during the past five years: (1) an habitual drunkard; (2) a polygamist, person associated with prostitution, narcotics or illegal entry of aliens; (3) convicted of a crime or moral turpitude or of two or more non-political offenses for which the aggregate sentence imposed was five years or more; (4) a gambler; (5) committed immigration fraud; or (6) who at any time was convicted of crime of murder or an aggravated felony. The USCIS’ inquiry into an applicant’s good moral character during the examination may also cover other topics, such as homosexuality, adultery and non-support of dependents and is likely to include inquiry into the applicant’s past income tax payments.
Implications of U.S. Citizenship
During naturalization, the applicant must swear allegiance to the United States and forswear allegiance to other countries. Although this oath is largely ceremonial (and it does not, for example, preclude dual citizenship), certain acts taken by newly naturalized citizens may result in a loss of U.S. citizenship. Membership or affiliation in a subversive, communist or anarchist organization within five years of naturalization establishes a lost of allegiance to the United States and can result in a loss of citizenship.
U.S. citizenship is not threatened by routine acts of allegiance to foreign governments such as oaths, employment, naturalization or renewing a foreign passport. Such acts must be performed voluntarily and with the intent to relinquish U.S. citizenship before a loss of U.S. citizenship may occur.
