Requirements and Rules
for American Citizenship
Going through
the US
citizenship process and understanding the rules
for american citizenship can be a long, frustrating,
and difficult experience. There are many important
choices to make in this confusing process. This site
was created to give you the information you need regarding
the rules for American citizenship to make the right
decisions. Which is why, I have even provided a list
of frequently
asked questions about the
American citizenship procedure. However, it is
in no way meant to replace good advice from US immigration
attorneys or citizenship lawyers which may provide
you with official US citizenship and immigration information.
If you have
not already done so, stop right now and
read our homepage. It’s full of surprising
information that could save you a great deal of time
and money. Once you’ve read through the homepage,
come back here to find out more information about
your particular situation.
US rules for
American citizenship dictate that to become a naturalized
citizen of the United States, American citizenship
laws require:
- Age
Applicants must be at least
18 years old.
- Residency
United States Immigration
policies and rules for American citizenship require
that an applicant must have been lawfully admitted
to the United States for permanent residence. Lawfully
admitted for permanent residence means having been
legally accorded the privilege of residing permanently
in the United States as an immigrant in accordance
with the immigration laws. Individuals who have
been lawfully admitted as permanent residents will
be asked to produce an I-551, Alien Registration
Receipt Card, as proof of their status.
- Residence and Physical Presence
According to rules for American
citizenship, an applicant is eligible to file if,
immediately preceding the filing of the application,
he or she:
- has been lawfully admitted
for permanent residence;
- has resided continuously
as a lawful permanent resident in the U.S. for
at least 5 years prior to filing with absences
from the United States totaling no more than
one year;
- has been physically present
in the United States for at least 30 months
out of the previous five years (absences of
more than six months but less than one year
break the continuity of residence unless the
applicant can establish that he or she did not
abandon his or her residence during such period);
- has resided within a state
or district for at least three months.
- Good Moral Character
US rules for American citizenship
dictate that in general, an applicant must show
that he or she has been a person of good moral character
for the statutory period (typically five years or
three years if married to a U.S. citizen or one
year for Armed Forces expedite) prior to filing
for naturalization. The immigration naturalization
service is not limited to the statutory period in
determining whether an applicant has established
good moral character. Rules for American citizenship
permanently bar an applicant from naturalization
if he or she has ever been convicted of murder.
An applicant is also permanently barred from naturalization
if he or she has been convicted of an aggravated
felony as defined in section 101(a)(43) of the Act
on or after November 29, 1990. In addition, pursuant
to the rules for American citizenship, a person
also cannot be found to be a person of good moral
character if during the last five years he or she:
- has committed and been convicted
of one or more crimes involving moral turpitude
- has committed and been convicted
of 2 or more offenses for which the total sentence
imposed was 5 years or more
- has committed and been convicted
of any controlled substance law, except for
a single offense of simple possession of 30
grams or less of marijuana
- has 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
- has committed and been convicted
of two or more gambling offenses
- is or has earned his or her
principle income from illegal gambling
- is or has been involved in
prostitution or commercialized vice
- is or has been involved in
smuggling illegal aliens into the United States
- is or has been a habitual
drunkard
- is practicing or has practiced
polygamy
- has willfully failed or refused
to support dependents
- has given false testimony,
under oath, in order to receive a benefit under
the Immigration and Nationality Act.
The rules
for American citizenship dictate that an applicant
must disclose all relevant facts to the immigration
naturalization service, including his or her entire
criminal history, regardless of whether the criminal
history disqualifies the applicant under the enumerated
provisions.
-
Attachment to the Constitution
As required
by the rules for American citizenship, an applicant
must show to the immigration naturalization service
that he or she is attached to the principles of
the Constitution of the United States.
-
Language
Applicants
for naturalization must be able to read, write,
speak, and understand words in ordinary usage in
the English language. Applicants exempt from this
requirement are those who on the date of filing:
- have been residing in the
United States subsequent to a lawful admission
for permanent residence for at least 15 years
and are over 55 years of age;
- have been residing in the
United States subsequent to a lawful admission
for permanent residence for at least 20 years
and are over 50 years of age; or
- have a medically determinable
physical or mental impairment, where the impairment
affects the applicant’s ability to learn
English.
-
United States Government
and History Knowledge
The American
immigration test was developed to test an applicant’s
knowledge of US government and history and the English
language through an English
sentences test. At minimum, an applicant for
naturalization is required by the rules for American
citizenship to demonstrate a knowledge and understanding
of the fundamentals of the history and of the principles
and form of government of the United States. Applicants
exempt from this requirement by the immigration
naturalization service are those who, on the date
of filing, have a medically determinable physical
or mental impairment, where the impairment affects
the applicant’s ability to learn U.S. History
and Government.Applicants who have been residing
in the U.S. subsequent to a lawful admission for
permanent residence for at least 20 years and are
over the age of 65 will be afforded special consideration
in satisfying this requirement. Also, note
that the new immigration test pilot program is now
being used by some offices of the USCIS. A guide
with sample questions and answers for the new
immigration test is now available.
-
Oath of Allegiance
Pursuant
to the rules for American citizenship, to become
a citizen, one must take the oath of allegiance.
By doing so, an applicant swears to:
- support the Constitution
and obey the laws of the U.S.;
- renounce any foreign allegiance
and/or foreign title; and
- bear arms for the Armed Forces
of the U.S. or perform services for the government
of the U.S. when required.
In certain
instances, where the applicant establishes that
he or she is opposed to any type of service in armed
forces based on religious teaching or belief, the
immigration naturalization service will permit these
applicants to take a modified oath.
Click
here to read about special rules for spouses
of US citizens and Veterans of US Armed Forces.
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