Naturalization
Naturalization" is
the legal term for the process
of acquiring
United States
citizenship
after birth.
In order to
naturalize,
a foreign citizen
or national
may apply for
U.S. citizenship
after he or
she complies
with certian
requirements.
Applicants
for citizenship
must establish
that they qualify
to become U.S.
citizens based
on residence
and physical
presence, good
moral character,
knowledge of
English language,
US history
and government,
and loyalty
to the United
States.
Residence
and physical
presence
In order
to qualify
for citizenship,
an applicant
must be a
permanent
resident,
and have lived
in the
U.S. for a
certain
period of
time.
If the applicant
became
a permanent
resident through
marriage
to a U.S.
citizen, the
applicant
may apply
for citizenship
after
residing in
the
U.S. for three
years
since obtaining
permanent
residency
or conditional
permanent
residency.
Otherwise,
the applicant
must have
resided continuously
in the
U.S. for at
least
five years,
and been
physically
present in
the
U.S. for at
least
30 months
of those
five years.
In
order to qualify,
the applicant may not
have any single
absence from
the U.S. of more
than one year
(absences of more
than six months
but less than
one year are considered
to disrupt the applicant's
continuity of residence
unless the applicant
can establish that
he or she did
not abandon his or
her residence during
such period).
The INS treats
time spent
in the service
of the U.S.
Armed Forces
as time physically
present in the
U.S., even
if the applicant
was out of the
country. Finally,
the applicant must
have resided
within a state
for at least
three months.
Good moral character
An applicant for citizenship
must be a person of "good moral character" during the required permanent residency period (although the INS may also look at events that occurred prior to residency to determine character). Persons who have been convicted of aggravated felonies (committed on or after November 29, 1990) or who have ever been convicted of murder are permanently barred from applying for citizenship on this basis. Any applicant with a criminal record should consult an immigration attorney prior to applying for citizenship, because many crimes that make a permanent resident ineligible for citizenship also make him or her deportable as well. Not all crimes result in a permanent bar to citizenship, and not all crimes will prevent a finding of "good
moral character."
Knowledge of English language, U.S. History and Government.
At the time of the naturalization interview a test is given to determine the applicant's knowledge of basic English, U.S. History, and Government. The test requires that the applicant write a sentence in English dictated by an INS officer, and a number of multiple choice questions about American history and U.S. government. Applicants for naturalization must also be able to read, write, speak, and understand basic English in order to qualify for citizenship.
There are certain exemptions for persons who are over a certain age and have been present in the United States for very long periods of time, and for persons who demonstrate that they have a physical or mental impairment which affects their ability to learn English.
Loyalty to the United States
Once an applicant is approved for naturalization, he or she must take the oath of allegiance in a ceremony actually conferring citizenship. The 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.
Banned Individuals
Individuals that do not fulfill the requirements above may be ineligible to become a naturalized citizen. Additionally, there are certain classes of people that are automatically barred from naturalizing to the United States. Anarchists, individuals who advocate or teach opposition to organized government, people affiliated with the communist or other totalitarian party, persons who advocate the overthrow of the US government, saboteurs, or persons who publish subversive material regarding violent overthrow of government are all such classes of people. A person who has deserted the US armed forces or has pending deportation proceedings against them is automatically barred from naturalizing to the United States.
Benefits of a U.S. Citizen
One of the most obvious benefits and responsibilities bestowed upon a U.S. citizen is the right and duty to vote and participate in the political process that shapes the nation. Additionally, a naturalized U.S. citizen is entitled to all the benefits of traveling abroad on a U.S. passport, including relative freedom of movement throughout the world without having to comply with burdensome visa requirements. Serving on juries is another responsibility of citizenship.
Some of the greatest benefits for naturalized citizen are immigration benefits. For example, only U.S. citizens are permitted to petition for their parents, siblings, or for their married children. U.S. permanent residents are not. Also, only a certain number of immigrant visas are available each year for the spouses and minor children of U.S. permanent residents.
Spouses and minor children of U.S. citizens are entitled to an immigrant visa immediately. The unmarried adult sons and daughters of U.S. citizens are generally on a shorter waiting list than those of permanent residents.
Risks of Staying a "Permanent Resident"
Many immigrants do not realize that permanent residents may, under certain circumstances, be stripped of their right to remain in the United States, and removed to their home countries, or refused entry to the United States upon return from abroad.
Many permanent residents convicted
of crimes that are classified
as "aggravated felonies" since coming to the United States became subject to removal even if they have served their sentences. The INS definition of "aggravated felony" includes many non-violent crimes, e.g., shoplifting and check kiting. The law also was made retroactive, so long-term permanent residents who have criminal histories, even from decades ago, can be deported. The same crimes that make a permanent resident "deportable" can
also result in an unexpected
refusal of permission to
enter the country when
returning from a trip abroad.
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