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Naturalization


Description

Naturalization is the process by which a foreign born national becomes a citizen of the United States.


NATURALIZATION ADVANTAGES

Sponsorship of Relatives

Allows the naturalized citizen to sponsor spouse, children, (both married and unmarried, of any age) parents, and brothers and sisters for lawful permanent residence.

Qualification For Benefits

The naturalized citizen qualifies for many governmental benefits and jobs that are restricted to U.S. citizens by law.

Extended Travel

Allows the naturalized citizen to remain abroad indefinitely without risking loss of status in United States. Lawful permanent residents can lose status by remaining abroad for over 12 months without a reentry permit. Naturalization also allows for the beneficiary to receive assistance from the U.S. Embassy when abroad.

Security Clearance

Allow the naturalized citizen to qualify for employment within organizations responsible for sensitive defense technologies and/or national security issues.

Right to Vote or to be an Elected Official

The naturalized citizen can register, vote and become a candidate for local, state, and national elections.


NATURALIZATION REQUIREMENTS

Legal Residence

The naturalization applicant must have been a lawful permanent resident (Green Card holder) for five years without leaving for a continuous period of longer than 6 months. If the applicant has been married and continually living with a United States citizen spouse, the requirement is reduced to three years again with the maximum extended stay abroad being no longer than six months.

Physical Residence

The naturalization applicant must have physically resided in the United States for 30 of the last 60 months immediately prior to the filing of the petition. For spouses of United States citizens, the requirement is 18 of the last 36 months. Certain exceptions exist for active United States military and individuals employed by United States employers engaged in trade abroad.

Good Moral Character

The naturalization applicant must have lived a life of good moral character during the most recent five years (three years for spouses of United States citizens). Examples of things that might demonstrate a lack of Good Moral Character from the USCIS Document M-476 "A Guide To Naturalization" include some of the items in the following:

  • Any crime against a person with intent to harm.
  • Any crime against property or the Government that involves "fraud" or evil intent.
  • Lying to gain immigration benefits.
  • Failing to pay court-ordered child support or alimony payments.

Age

The naturalization applicant must be at least eighteen years of age.

English Literacy

The naturalization applicant must demonstrate an understanding of the English language, including the ability to read, write, and speak in English utilizing words in common usage. This requirement is waived for certain individuals with developmental disabilities, and for applicants who are either:

  1. Fifty years old and lawful permanent residents for twenty years, or
  2. Fifty-five years old and lawful permanent residents for fifteen years.

History Government Knowledge

The naturalization applicant must also possess knowledge and understanding of the fundamentals of U.S. history, and of the principles and form of U.S. government.

Allegiance to the United States

The naturalization applicant must demonstrate that, during the required period of residence, he or she has been attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.


NATURALIZATION LIMITATIONS

Loss of Foreign Nationality

Depending upon the laws of the applicant's home country, becoming a naturalized citizen of the United States may result in forfeiture of nationality of the home country. The United States does not recognize dual nationality, so an applicant can maintain dual nationality only if the foreign country continues to afford citizenship after the naturalization in the United States.

Loss of Benefits

Depending upon the laws of the applicant's home country, becoming a naturalized citizen of the United States may result in forfeiture of benefits that are afforded by the foreign country to its citizens.

Useful Links for Naturalization

 

New York Immigration Attorneys