Eligibility for Naturalization to Citizenship
The United States Constitution gives the power to confer citizenship to the Congress. The process that Congress uses to grant citizenship is “naturalization” which is commonly referred to as the manner in which a person not born in the United States voluntarily becomes a U.S. citizen.
For those who wish to become naturalized, there are eligibility requirements that must be met for an application to be considered. Also, residence, military service, marriage and employment status are also contributing factors that may determine a person’s ability to file a petition for citizenship.
In line with the USCIS’s official outline of eligibility requirements, an applicant must meet one or more of the following criteria in order to qualify (these are the most common requirements):
(a) For a Lawful Permanent Resident (LPR) – He or she must have been a U.S. permanent resident for five years without leaving the U.S. at any one time for longer than six months and must be physically present within the U.S. for thirty months of the total 60 months.
(b) If the LPR status was acquired through marriage to a US Citizen, he or she must have been a permanent resident for three years without leaving the U.S. at any one time for longer than six months and must be physically present within the U.S. for eighteen months of the total 36 months.
(c) Presently serving the U.S. Armed Forces or have served the U.S. Armed Forces – He or she must already be a permanent resident on the day of filing the petition for naturalization.
(d) Presently serves ministerial or priestly work with a valid permit – He or she should be a permanent resident without leaving the U.S. for longer than six months and must be physically present in the U.S. for thirty months, and,
(e) Is employed by: An American institution of research An American-owned company or corporation that are involved with foreign trade and commerce for the U.S. A public international organization of which the U.S. is a member – He or she must be a permanent resident for five years without leaving the U.S. for longer than six months and is physically present within the country for thirty months.
The criteria mentioned above are only some of the basic requirements in determining an applicant’s eligibility with regards to naturalization. To clearly identify to which criterion you qualify, you may want to seek an experienced immigration lawyer.
Time Required as a Permanent Resident in the U.S.
In order to qualify for naturalization, one must have been a permanent resident for a required amount of time, in addition to meeting the requirements of continuous residence and physical presence in the U.S.
Required Time (waiting period) as Permanent Resident
There are basically two different requirements for the waiting period to be eligible to apply for naturalization. If the person has held a green card for at least four years and nine months, the person can apply for naturalization. If the person obtained their green card through a petition by their spouse, and they are still married to that spouse, then the person can apply after two years and nine months.
The Continuous Physical Presence Requirement
Persons who have green cards are aware that they cannot be absent from the US for more than six months without a re-entry permit. Likewise, if the person is outside the US for more than one year, the person is presumed to have abandoned their green card.
In addition to these universal requirements, there is an additional requirement of continuous physical presence in the US for naturalization. Under this continuous physical presence requirement, and as a part of the application process, the applicant must show that he/she has been physically present in the U.S. for over half the time they have been a permanent resident.
If the person has the five year waiting period requirement (they can apply after four years and nine months) then they must show at least thirty months of physical presence in the United States.
If the person has the three year waiting period requirement (they can apply after two years and nine months) then they must show at least eighteen months of physical presence in the United States.
In addition, keep in mind that prior to filing your application for naturalization, you must have resided continuously in the state where you file your application for three months.
The Good Moral Character Requirement
When applying for U.S. citizenship or Naturalization, one of the major requirements is that of a good moral character. It is the responsibility of the applicant to show that, within the statutorily prescribed period, he or she has continued to be a person of good moral character. And, it is the USCIS which will determine your moral character in accordance with the laws passed by the Congress.
So how does USCIS evaluate good moral character? Well, this is done through a combination of criminal background checks and the interview process. The Application form for Naturalization has a number of questions to cover criminal background, if any, political and personal affiliations.
USCIS basically investigates if you:
a. Have committed and/or been convicted of one or more crimes relating to moral turpitude
b. Have committed and/or been convicted of two or more offenses for which the total sentence imposed was 5 years or more
c. Have committed and/or been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
d. Have been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
e. Have committed and/or been convicted of two or more gambling offenses
f. Have earned principal income from illegal gambling
g. Have been involved in prostitution or commercialized vice
h. Have been involved in smuggling illegal aliens into the United States
i. Have been a habitual drunkard
j. Practices or have practiced polygamy
k. Have wilfully failed or refused to support dependents
l. Have given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
USCIS expects you to be truthful and honest throughout the processing of your application especially during the interview, or it may deny the application. Also keep in mind, in cases when the application is approved, and citizenship is granted, if USCIS later discovers you committed a fraud in getting the approval, the citizenship can be taken away.
It is therefore in your interest to clearly understand all the steps and procedures involved in naturalization, most especially if you have any kind of criminal record.
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