Naturalization Law Procedures

Naturalization is the process by which legal permanent residents of the United States become U.S. citizens.

Generally, an applicant for naturalization establishes eligibility by showing that he or she: (1) is over 18 years old; (2) has been a legal permanent resident of the U.S. for the past five years (or three years if married to a U.S. citizen); (3) has resided in the state where he or she is filing a naturalization petition for three months prior to the application; (4) does not advocate or support the overthrow of the U.S. government; (5) can speak, read and write English; and (6) is of good moral character. Derivative citizenship can be obtained when a petition is filed on behalf of a child under 18 years of age by a parent who is a U.S. citizen. Expedited procedures are available to naturalizing Philippine nationals who served with the U.S. armed forces during World War II, and for spouses of U.S. citizens stationed overseas.

Procedure
The basic procedure for naturalization requires an applicant to:

• file form N-400 and supporting documents, fingerprint chart, two photos and a $320.00 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

1. 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.
2. 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.
3. 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.

For more information about naturalization generally, see http://uscis.gov/graphics/services/natz/index.htm. To see if you are eligible to apply for naturalization, go to
http://uscis.gov/graphics/services/natz/require.htm. To use an electronic version of the Form-N-400, go to http://uscis.gov/graphics/services/natz/howapply.htm.

For further information on these or any other immigration issues, please contact Miller Mayer.