General requirements for naturalization.
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Naturalization
is the process by which U.S. citizenship is conferred upon a foreign
citizen or national after he or she fulfills the requirements established
by Congress in the Immigration and
Nationality Act (INA). The general requirements for administrative
naturalization include:
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A period of continuous residence and physical
presence in the United States.
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Residence in a particular USCIS District prior
to filing.
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An ability to read, write, and speak English.
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A knowledge and understanding of U.S. history
and government.
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Good moral character.
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Attachment to the principles of the U.S. Constitution.
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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.
Residency.
An applicant must have been lawfully admitted to the United States
for permanent residence(have a green card). Lawfully admitted for
permanent residence means having been legally accorded the privilege
of residing permanently in the United States as an immigrant in accordance
with the immigration laws. Individuals who have been lawfully admitted
as permanent residents will be asked to produce an I-551, Alien Registration
Receipt Card also called green card,
as proof of their status.
Residence and Physical Presence.
An applicant is eligible to file if, immediately preceding the filing
of the application, he or she:
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Has been lawfully admitted for permanent residence.
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Has resided continuously as a lawful permanent
resident in the U.S. for at least 5 years prior to filing with no
single absence from the United States of more than one year.
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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 shall 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)
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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. A
person also cannot be found to be a person of good moral character
if during the last five years he or she:
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Has committed and been convicted of one or more
crimes involving moral turpitude.
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Has committed and been convicted of 2 or more
offenses for which the total sentence imposed was 5 years or more.
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Has committed and been convicted of any controlled
substance law, except for a single offense of simple possession
of 30 grams or less of marijuana.
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Has been confined to a penal institution during
the statutory period, as a result of a conviction, for an aggregate
period of 180 days or more.
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Has committed and been convicted of two or more
gambling offenses.
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Is or has earned his or her principal income
from illegal gambling.
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Is or has been involved in prostitution or commercialized
vice.
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Is or has been involved in smuggling illegal
aliens into the United States.
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Is or has been a habitual drunkard.
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Is practicing or has practiced polygamy.
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Has willfully failed or refused to support dependents.
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Has given false testimony, under oath, in order
to receive a benefit under the Immigration and Nationality Act.
Attachment to the Constitution.
An applicant must show that he or she is attached to the principles
of the Constitution of the United States.
English 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:
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Have been residing in the United States subsequent
to a lawful admission for permanent residence for periods totaling
15 years or more and are over 55 years of age.
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Have been residing in the United States subsequent
to a lawful admission for permanent residence for periods totaling
20 years or more and are over 50 years of age.
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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.
Related topics:
US green card lottery.
Directory of immigration attorneys in
the US.
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