U.S. Naturalization
Naturalization: How To Become a Citizen Of The United States?
You must meet certain requirements before you may file form N-400, Application for Naturalization. Consult with us prior to filing your N-400 to make sure you are eligible and that you do not have any issues such as abandonment or in establishing good moral character.
A lawful permanent resident after residing in the United States for a period, may apply to become a naturalized U.S. citizen after meeting all the requirements under the law. Because of increasing government's scrutiny of individuals' previous immigration applications, the naturalization process has surprised some unsuspecting applicants with a notice to appear for a deportation hearing instead of an appointment to take the oath of citizenship.
Thus, the decision to apply for naturalization should not be taken lightly as on one hand, a grant of U.S. citizenship carries new obligations and responsibilities, and on the other hand, one can also lose lawful permanent residency status and be removed from the United States.
If you have ever been arrested, convicted or even have a lot of speeding tickets you should consult with a lawyer before you file. Sometimes you may have done something bad or wrong but may still be able to become a U.S. citizen. Don't guess. The stakes are too high.
What Are The Requirements For Naturalization?
To be eligible for naturalization, you must:
- Be at least 18 years of age
- Have been a permanent resident of the U.S. for the past 5 years or 3 if married to a U.S. citizen and residing with that spouse
- Have resided in the district where applying for at least 3 months
- Have continuously resided in the U.S. since becoming a Lawful Permanent Resident
- Have been physically present in the U.S. for half the time during the past 5 years or 3 if married to a U.S. citizen and residing with that spouse
- For males, have registered for Selective Service between the age of 18 and 26 if required at the time
- Are not removable (deportable) from the U.S.
- Are not statutorily ineligible for U.S. citizenship through naturalization due to lack of good moral character or other mandatory disqualifications including conviction of an aggravated felony.
You can also apply for naturalization under different periods of time as a permanent resident if you:
- Have served in the U.S. Armed Forces during hostilities and have an honorable discharge
- Have served or are now serving in the U.S. Armed Forces for at least 1 year and have an honorable discharge and you file during your service or within 6 months of separation
- Are a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the U.S.
- Are an employee or individual under contract to the U.S. government
- Are an employee of an American Institution of research recognized by the Attorney General; of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the U.S.; of a public International Organization of which the U.S. is a member by law or treaty
- Are the spouse of one individual listed above and you will be following your spouse abroad if so employed for one year after the spouse naturalizes
Under these circumstances, the physical presence, continuous residence and good moral character requirements may be waived or are less stringent.
Naturalization Process
The N-400 application form will be filed with USCIS. Upon acceptance of the application, one will have their biometrics taken (fingerprints and photo) so that a background check can be run. After the case has been processed and background check complete, the applicant will receive an appointment to attend an interview at their local immigration field office. The immigration officer will conduct a test. The applicant must take an English test (unless he or she qualifies for a Waiver) and a Civics test (unless he or she qualifies for Medical Disability Exception).
The English test aims to verify that the intending Citizen can read, write, and speak English. The Civics portion tests basics of the Constitution, Government and American history.
Finally, after passing the English and Civics tests, to complete the process, the applicant must take the Oath of Allegiance.
The principles embodied in the Oath are codified in Section 337(a) in the Immigration and Nationality Act (INA), which provides that all applicants shall take an oath that incorporates the substance of the following:
- Support the Constitution;
- Renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;
- Support and defend the Constitution and laws of the United States against all enemies, foreign and domestic;
- Bear true faith and allegiance to the same; and
- Bear arms on behalf of the United States when required by the law; or
Perform noncombatant service in the Armed Forces of the United States when required by the law; or
Perform work of national importance under civilian direction when required by the law.
Hire Our Experienced Immigration Lawyers In Orlando
The Naturalization process is complex, and an error in your application can result in lengthy delays or even get your petition denied. Both Suzanne Vazquez and Maud Poudat are certified as experts in Immigration and Nationality Law by the Florida Bar. An applicant may be represented by a naturalization attorney during this process who may be present during the immigration officer's interview of the applicant. We have helped many clients in the past and would be honored to help you too. We are conveniently located in Orlando, in the heart of Central Florida. Do not take any risks! Call us today at 407.674.6968 or fill out the online form provided on this page and we will get back to you shortly.