United States Immigration News
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Naturalization of Permanent Residents
America Citizenship > Naturalization of
Permanent Residents
In order
to become a naturalized US citizen, an alien must fulfill certain requirements.
These requirements are discussed in detail below:
- Lawful entry as
Permanent Resident: The Alien has to be admitted to the US on a
Permanent Status prior to becoming eligible for American citizenship.
However, there is an exception to this rule for Aliens who have served the
U.S. army during a time of war. In this case, the Alien is not required to
become permanent resident before entry but should be legally in the U.S. at
the time of enlistment.
- Continuous Residence:
Naturalization requires continuous residence in the U.S. for at least five
years prior to filing a petition for naturalization. This requirement is
shortened to three years for a spouse of citizens. The time spent in US is
not considered "continuous" if the Alien stays out of the U.S. for more than
six consecutive months. The Alien is able to file a naturalization petition
three months before she/he completes the required continuous residence
period. A spouse of a US citizen may file for an application for citizenship
if he/she has resided continuously in the US for the 3 years immediately
preceding the filing of the application for citizenship.
- Three Months Residence
immediately preceding the filing the Petition in the state in which the
petition is filed: Since the naturalization petition may be filed three
months before the completion of continuous residence requirement, the
three-month state residence requirement is never a barrier to filing the
citizenship application. However, the Alien must demonstrate that the state
residence requirement has been met at the time of his/her interview if the
citizenship application was filed earlier.
- Physical Presence:
Alien must be physically present in the U.S. for at least half of the period
of continuous residence. This means that an Alien must be physically present
for two and half years. An Alien who is a spouse of a US citizen must be
physically present for at least one and half years. The Alien should keep a
record of each and every trip outside the U.S., including records of
departure and return dates. Sometimes a USCIS examiner may count the days of
physical presence in order to determine whether the continuous residence
requirement has been met.
- Read, write, and speak
English: The Alien must read, write and speak ordinary English in order
to be eligible for naturalization. The USCIS examiner tests this ability
when the Alien takes the examination for naturalization. The examiner
decides about Alien’s ability to converse in English by his/her answers to
normal questions. Reading and writing skills are tested through the Federal
Textbook on Citizenship. Disabled people who are not capable of complying
with this requirement due to physical or mental disabilities may be exempted
from this requirement. People who are over fifty years of age, and have
lived in the U.S. as lawful permanent residents for at least 20 years, and
people who are over fifty-five years of age who have lived in the U.S. for a
total of at least 15 years are not obligated to fulfill this requirement.
- Knowledge of U.S.
History & Understanding of Fundamentals of U.S. Government: To test this
ability, the examiner asks questions about U.S. history and government at
the time of interview. Normally, an Alien is asked around six to ten
questions from a list of 100 questions. However, the number of questions may
vary from district to district. Aliens who are exempted from the English
education prerequisite are obligated to fulfill this requirement. However,
they will be tested in the language of their choice. Individuals exempted
from this requirement include people who are physically unable to comply and
persons who are unable to comply due to developmental disability or mental
impairment.
- Good Moral Character
and Attachment to the Principles of U.S. Constitution: All
naturalization applicants must comply with this requirement, without
exception. Aliens demonstrate good moral character during their five or
three years of continuous residence. Aliens engaging in alien smuggling,
prostitution or other criminal activities are not considered to be of a good
moral character. If an Alien is on parole, probation or under a suspended
sentence, naturalization will not be granted until the Alien completes
parole, probation or the suspended sentence.
- Continuous Residence
naturalization: An Alien must be present in the United States from the
day he files the petition for naturalization throughout the time he becomes
admitted as a citizen. It should be noted that this continuous residency
requirement is not the same as the requirement for physical presence in the
US. The three-month residency requirement (see #3 above) and the physical
presence requirement (see #4 above), must be met in addition to this
requirement.
- 18 years of age at the
time of filing for Naturalization: An Alien must be 18 years of age at
the time he/she files a petition for naturalization. There are some
exceptions to this requirement for the children of the Aliens who can be
naturalized with their parents.
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