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Citizenship & Naturalization
This article
gives some of the basics of “Naturalizing” or becoming
a citizen of the United States. It is not intended to be legal advice
and anyone with specific legal questions should seek out a licensed
immigration practitioner for help with those questions.
What
Is Naturalization?
Naturalization is the process an alien must go through to become
a citizen of the United States. The most common way to naturalize
is by application. This is done by filing a form N-400 and supporting
documentation with the Immigration and Naturalization Service.
Advantages of Naturalization
Why would a person wish to become a citizen of the United States?
After all, once one is a permanent resident, one can live and work
in the United States for the rest of his or her life. Well, many
people become citizens because they feel a sense of emotional attachment
to the country which has given them opportunities, and want a stronger
feeling of connection. There are, however, other more practical
advantages to becoming a citizen.
- Only citizens
can vote in elections for the national and local leaders of the
country. This gives citizens a voice in their communities that
non-citizens lack.
- Once a person
is a citizen, he or she can not be removed or deported from the
country for any reason. (Assuming that the citizenship or any
of the steps preceding citizenship were not obtained through fraud.)
- Citizenship
generally speeds up the process of gaining status for close relatives
that the citizen wishes to bring to the United States.
Naturalization
Requirements
There are several
requirements for those that wish to become citizens through naturalization.
First, a person must have been a permanent resident for at least
five years before applying, or at least three years if permanent
residence was granted on the basis of marriage to a U.S. Citizen
and the alien is still residing in “marital union” with
the spouse. (There is a special exception for those who served honorably
in the military during time of war.) Second, the applicant must
be 18 years old. Third, the applicant must have resided for at least
three months within the state in which the petition is filed. Fourth,
the alien must have been physically present in the United States
for at least half of the prescribed five year period and must reside
continuously within the United States from the time the application
is filed until the applicant is admitted to citizenship. Fifth,
the applicant must not have been absent from the U.S. for a continuous
period of more than one year during the continuous residence period.
(Absence for over six months is also not recommended, because it
raises a presumption against compliance with the requirement.) Sixth,
the applicant must be a person of “good moral character”
for the requisite five years. Seventh, the person must demonstrate
an elementary level of reading, writing and understanding English,
and the fundamentals of U.S. history and government.
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