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Citizenship and Naturalization

Naturalization is the process by which a civilian born outside the United States may become a legal U.S. citizen. If you meet the requirements set by the United States Citizenship and Immigration Status (USCIS) or are a Green Card holder, you may qualify for citizenship.

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Who Can Apply for U.S. Citizenship Through Naturalization?

Naturalization application acceptance depends on numerous factors:

  • How long have you possessed a Green Card.
  • How long have you physically lived in the United States.
  • If you have or have not completed U.S. military service or currently serve in the U.S. military.
  • Whether your military service was during “wartime” or “peacetime.”

To apply for naturalization, you must meet the following requirements:

  1. Be 18 years or older at the time of applying.
  2. Been a legal permanent resident for the past three to five years—this includes having not taken a trip of any kind six months or longer outside the U.S. throughout this three to five-year period.
  3. Have continual residence and physical presence in the United States.
  4. Have been a resident in the state where you intend to apply for citizenship for at least three months.
  5. You must have “good moral character,” generally defined as a person whose character upholds the standards of average citizens in the United States. It also means you have not committed specific crimes—such as illegal gambling, murder, or intentionally lying to the U.S. government to receive immigration benefits.
  6. You must pass an English literacy test that covers reading, writing, and speaking skills.
  7. You must pass a civics test that covers knowledge of U.S. history and government.
  8. Exhibit loyalty to the foundations of the U.S. Constitution.
  9. Be willing to perform civilian service or serve in the United States military if called upon.
  10. If you are a male and have lived in the U.S. between the ages of 18 and 25, you should register with the Selective Service System.
  11. Take on the Oath of Allegiance and be willing to defend the U.S. constitution.

Naturalization Exceptions on the Basis of Disability

The USCIS may absolve naturalization applicants with a mental impairment or a physical or developmental disability from the English and civics test required for naturalization.

Any applicant with a disability mentioned above may apply for an exemption by filling out Form N-648, Medical Certification for Disability Exemptions, performed by a medically licensed doctor.

Naturalization Exemptions on the Basis of Peacetime: Military Service

Those who apply for naturalization having completed at least one year of peacetime military service are relieved from requirements Nos. 2 and 4 mentioned above. To meet requirement No. 5, the applicant must have a criminal record free of certain crimes for at least five years before filing up until they naturalize.

Exemptions on the Basis of Wartime: Military Service

Those who apply for naturalization having completed any period of wartime military service are relieved from requirements Nos. 1—they can be any age— 2 and 4. To meet requirement No. 5, the applicant must have a criminal record free of certain crimes for at least one year before filing until naturalization.

Exclusive Requirements for U.S. Military Personnel

Green Card holders that are current or former U.S. armed forces members must meet a set of distinct requirements:

  • You must not have left the U.S. military before discharge.
  • You must have never received a discharge or an exemption from the U.S. military on the grounds of your non-U.S. citizen status.

The Naturalization Process

  • Apply for Naturalization

To become a U.S. citizen, you can file Form N-400, Application for Naturalization, and pay the filing fee (unless you are exempt from this fee). 

  • Biometrics Appointment

Next, the USCIS will schedule a biometrics appointment. This appointment serves the purpose of getting your fingerprints and photograph taken at your local USCIS field office. The USCIS will take your fingerprints during naturalization to conduct a formal background check. The biometrics appointment generally happens a month after the USCIS receives your U.S. citizenship application.

 

  • Citizenship Interview and Exam

Interview

How long it takes to process your naturalization application and schedule you for an interview depends on the USCIS field office handling your application which is assigned to you based on your ZIP code.

A USCIS officer will verify the information on your naturalization application throughout the interview, which will take place at the nearest USCIS office. If you are applying from outside the United States, you will attend an interview at a U.S. consulate or embassy. If you are actively serving in the military, your interview can be held at a military facility.

Exam

The USCIS officer will give you a two-part naturalization test, the first being an English literacy test in which the USCIS officer will evaluate your writing and speaking skills. Then the USCIS officer will assess your knowledge of U.S. history and government knowledge with a civics test.

  • Oath of Allegiance

Upon approving your application, you will attend an Oath of Allegiance ceremony. You are not a U.S. citizen until you complete the Oath of Allegiance.

You will receive a mail slip with the ceremony’s date, time, and location. Then, you will be asked to return your Green Card, and when the ceremony is over, you’ll receive a Certificate of Naturalization.

If you are considering filing a writ of mandamus to compel an immigration agency to act on your case, Krewson Law can help. Krewson Law has extensive experience and knows how to file the necessary paperwork and plead your case before a federal judge. Rachel Krewson understands the frustration of an inactive immigration case and will work diligently to have your case moving again.

Contact Krewson law today for a consultation if you require help with any aspect of the U.S. immigration process.
Krewson Law is here to help your family safely and legally into the United States.

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