|
|
United States Citizenship
Naturalization is the procedure by which a lawful permanent resident of the United States becomes a U.S. citizen. In order to naturalize, an applicant must establish that he or she:
- has been a lawful permanent resident for the past five years (or three years if married to a U.S. citizen);
- has been physically present in the United States for at least half of that time;
- can speak, read, and write the English language;
- is knowledgeable about U.S. government and history;
- is a person of good moral character; and
- upholds the principles of the Constitution and the government of the United States.
In addition, an applicant must have resided in the state where he or she is filing the naturalization application for at least three months. Children under 18 years of age can acquire derivative citizenship when one or both permanent resident parents naturalize.
There are exceptions to the English language and American history requirements. A naturalization applicant over 50 years old, who has been a lawful permanent resident for 20 years is not subject to the English literacy requirement. An applicant over 55 years of age is exempt from the requirement if they have been a lawful permanent resident for 15 years. Persons eligible for these waivers are still required to pass the history and government exam, but they may take the test in their own native language through an interpreter. Furthermore, persons with physical or mental disabilities who are unable to learn English or history are exempt from both requirements upon filing a disability waiver with attestations from a licensed medical doctor or psychologist.
There is no definition for good moral character, however it is generally interpreted as character that measures up to the standard of average citizens in the community. An applicant is deemed not to have good moral character if during the preceding statutory five-year period he or she was convicted of an aggravated felony or a crime involving moral turpitude. Applicants with criminal convictions should always consult with an attorney before filing a naturalization application because many crimes, including relatively minor crimes and even misdemeanors, can now render a lawful permanent resident deportable under current laws. Additionally, applicants who during the preceding five years were a habitual drunkard, a polygamist, an adulterer, or who failed to register for selective service or failed to file their income tax are likely to be denied based on lack of good moral character.
Once approved for naturalization, an applicant must swear allegiance to the United States. U.S. citizenship, however, does not preclude dual citizenship as long as the U.S. citizen does not make explicit statements of intent to relinquish U.S. citizenship.
|
|
|
|
