Image: Passport
 


There are several ways to become a U.S. citizen, but for most permanent residents, it will be done through an application for naturalization.

If you have been a permanent resident for either three or five years, depending on how you qualified for permanent residence, been physically present in the U.S. for half that time, are fluent and literate in English and pass the civics test, you are eligible to apply for U.S. citizenship (more on the Civics test).

Citizens of the United States are entitled to live and work permanently in the U.S., vote in U.S. elections, serve on court juries, and hold a U.S. passport. U.S. citizens can sponsor their spouses, unmarried children under age 21, and parents as immediate relatives for U.S. permanent resident status. These relatives can file for permanent resident status immediately. An individual may acquire U.S. citizenship in a variety of ways:

1. Birth in the United States
Children born in the U.S. are automatically U.S. citizens, regardless of the immigration status of their parents.

2. Birth outside the U.S. to a U.S. citizen parent
Certain children automatically acquire U.S. citizenship from the moment of their birth if one of the parents has met the requirement of physical presence in the U.S. for a certain period of time (determined by the date of birth of the child).

3. Naturalization of parents
A child born outside the U.S. may automatically become a U.S. citizen if 1) the child is a lawful permanent resident, 2) one of the parents becomes a U.S. citizen prior to the child's 18th birthday and 3) the child is residing in the U.S. in the legal custody of the U.S. citizen parent.

4. Children born and residing outside the U.S.
Certain children under 18 years of age who are residing outside the U.S. and have a U.S. citizen parent (or US citizen grandparent or U.S. citizen legal guardian if the U.S. citizen parent died during the 5 years preceding the application) may apply for a certificate of citizenship. This type of application also requires physical presence in the U.S. of the parent for certain time periods.

5. Adoption by U.S. citizen parents
Certain children formally and legally adopted and in the physical custody of their U.S. citizen parents for at least two years may acquire U.S. citizenship. The child must be under the age of 16 at the time of the adoption.

6. Naturalization
The general rule is that anyone over the age of 18 who has been a lawful permanent resident for at least five (5) years may apply for naturalization 90 days before the end of the 5th year or at any time thereafter. The applicant must have been physically present in the U.S. for at least 30 months out of the five years prior to the date of filing of the application and must have resided for at least three months within the state in which the application is filed.

An individual who has been married to a U.S. citizen for 3 years may file for naturalization 90 days minus 3 years from the date lawful permanent or conditional resident status is granted (or later). The individual must have been physically present in the U.S. for ½ the 3 year time period.

The applicant must demonstrate good moral character, be attached to the principles of the U.S. Constitution, be willing to bear arms on behalf of the U.S. or perform other work of national importance, and must not otherwise be barred from naturalizing, e.g., as having committed an aggravated felony. All naturalization applicants will be fingerprinted by the CIS and have their criminal backgrounds reviewed by the FBI.

The applicant must demonstrate a basic ability to read, write, speak, and understand the English language. This does not apply to persons over 50 and living in the U.S. as a permanent resident for 20 years or persons who are over 55 years of age and living in the U.S. as a permanent resident for 15 years. An applicant must also pass an oral or written test on the history and government of the U.S. The applicant must be interviewed in person by a CIS officer.

Special consideration is given to persons over 65 with 20 years as Lawful Permanent Residents. Applicants are given a test of 10 out of 25 civic questions in the person's language where they need only answer 6 correctly.

After the applicant is approved for naturalization, the applicant will attend a public ceremony and take the Oath of Allegiance to the United States. After taking the oath, the applicant will return the permanent resident/green card to the CIS and receive a certificate of naturalization. This certificate of naturalization can be used to obtain a U.S. passport.

There are many special exceptions and provisions of the law for certain applicants for naturalization. Please consult your attorney regarding which options may be applicable to your case.

Documents needed to file for Naturalization

Image: Checkbox Completed online naturalization questionnaire
Image: Checkbox 2 CIS standard photos (face-front) with white signature strips
Image: Checkbox Photocopy of front and back of permanent resident card
Image: Checkbox CIS filing fee and fingerprinting fee
Image: Checkbox IRS printout as evidence of tax filings (5 years or 3 years if married to USC)-call 1-800-829-1040 (Your Personal Account information and follow instructions)
Image: Checkbox Proof of Taxes Paid for all tax years submitted (IRS I-1722 or cancelled checks)
Image: Checkbox Court-certified criminal records (if applicable)
Image: Checkbox Selective Service registration (if applicable)
Image: Checkbox If application is based on marriage to a USC for 3 years:
     - Evidence of that bona fides marriage
     - Birth certificates for children born of the marriage
     - Mortgage or lease in both names, etc.

 

Fong & Associates L.L.P. works with permanent residents to simplify the naturalization process. If you have any questions or would like our office to assist in your application for citizenship, please contact us at 713.772.2300.