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A QUICK REFERENCE GUIDE ON THE REQUIREMENTS FOR NATURALIZATION
by Michael J. Gurfinkel, Esq.
Many Filipinos regard U.S. citizenship as the fulfillment
of a lifelong dream. As naturalized citizens, they enjoy all the
rights and benefits that natural-born citizens are entitled to.
And more importantly, for most Filipinos, it gives them the opportunity
to petition certain family members that green card holders cannot
petition, like their parents, brothers and sisters, married children.
Applying for American citizenship can be a simple
process. However, there are basic requirements that applicants
have to know before filing their application. The United States
welcomes people from all over the world who want to embrace American
citizenship, but the government also wants to make sure that they
will be good and productive citizens, and not liabilities.
The following is a quick reference guide on the
basic requirements for naturalization:
1. Lawful admission as a permanent resident
-- All aliens must have been admitted to permanent
resident status (i.e. green card holder) in order to be eligible
to become naturalized U.S. citizens.
-- Exceptions: Aliens who have served honorably
in active-duty status with the U.S. military during time of war,
provided they were in the U.S. at the time of induction or enlistment,
or Filipino WWII veterans.
2. Continuous residence (not to be confused
with physical presence) in the U.S. for at least five years immediately
preceding filing for naturalization (three years for spouses of
U.S. citizens)
-- An alien who spends more than six months in a
row outside the U.S. during this period may not qualify for naturalization.
They would have to "start over" in calculating their
continuous residence. If outside the U.S. for over 6 months, they
must count 4 years from the most recent entry. If an alien spent
more than six months, but less than one year outside the U.S.,
he or she must give a reasonable explanation of the absence. An
overseas assignment with a U.S. employer is usually accepted as
a reasonable explanation.
-- An alien who spends one year or more outside
the U.S. during this period absolutely will not qualify for naturalization,
unless a reentry permit was obtained prior to the absence. In
such a case, the alien might be considered to have abandoned
his or her green card.
-- Some aliens are exempt from the requirement of
five years of continuous residence, or can meet the requirement
while outside of the U.S., particularly those assigned abroad
by U.S. employers.
-- With regard to spouses of U.S. citizens, the
special three-year residence provision applies only if the couple
has been living in "marital union" during the three-year
period preceding the naturalization application.
3. Physical residence within the U.S. totalling
at least one-half of the period of required continuous residence
(two and a half years for most aliens, one and a half years for
spouses of U.S. citizens)
-- The alien must account for every absence from
the U.S., with an exact starting and termination date for each
trip. For aliens who must travel frequently on business, this
requirement can present difficulty, and in some cases, the naturalization
examiner will literally count days to determine whether the alien
has sufficient periods of physical presence in the U.S. to qualify
for naturalization.
4. Residence for at least three months
immediately preceding the filing for naturalization in the state
in which the petition is filed.
-- This requirement is met as part of the five-year
and three-year continuous residence requirements.
5. Ability to read, write, and speak ordinary
English
-- The naturalization applicant must pass an English
examination usually given by a Naturalization Officer during the
naturalization interview.
6. Knowledge and understanding of the fundamentals
of the history and government of the U.S.
-- All aliens must meet this requirement with four
exceptions:
(1) those who are physically unable to comply, because
of a disability, such as blindness, deafness or other illness;
(2) those who are unable to comply because of a
developmental disability or mental impairment;
(3) those who are over 50 years old on the date
of filing for naturalization and have lived in the U.S. for a
total of at least 20 years after a lawful admission to permanent
residence; and
(4) those who are over 55 years of age and have
been lawful permanent residents in the U.S. for a period totaling
15 years.
-- This requirement is tested at the time the alien
is interviewed regarding his or her request for naturalization,
by naturalization examiners asking the aliens basic questions
about U.S. history and government. Some of the questions asked
are:
1) Who is the President of the United States?
Answer: William Clinton
2) How many states are there in the United States?
Answer: Fifty (50)
3) What are the colors of the American flag?
Answer: Red, white, and blue
4) What is the capital of the United States?
Answer: Washington D.C.
5) Who was the first President of the United States?
Answer: George Washington
- However, the applicant may exercise the option
of taking the examination given by an outside organization approved
for that purpose by the INS within one year before the filing
of the naturalization application.
7. Good moral character and attachment to
the principles of the U.S. Constitution
-- Among aliens who are not considered to have good
moral character are those who have been involved in prostitution,
alien smuggling, and most criminal activity. If an alien has a
criminal conviction of any type, particularly one for which he
or she has been confined in prison for six months or more, he
or she is unlikely to be considered a person of good moral character.
-- Non-payment of taxes can also be a cause for
denial of the naturalization application.
-- Collecting welfare can also affect a person's
eligibility for naturalization.
8. Continuous residence (again, not to be
equated with physical presence) in the U.S. from the date of filing
of naturalization application until actual admission to citizenship.
9. Must be at least 18 years old at the time
of the filing of the naturalization application.
? Male applicants must have registered for Selective
Service before their 26th birthday.
The following is a list of persons who are ineligible
to apply for naturalization:
- Persons who are in favor of the overthrow of
the U.S. government or all governments, or belong to a group
that holds these views
- Persons who have ever belonged to the Communist
Party or any organization associated with the Communist Party
or a communist-front organization
- Persons convicted of desertion during time of
war or evading the draft during time of war, unless granted
an unconditional pardon or amnesty by the President
- Persons who claimed exemption from military service
on the basis of being aliens, under treaties between the U.S.
and foreign countries providing for such exemptions, unless
the alien served previously in the military of the treaty country
- Persons under a final order of deportation, unless
they have served in the military under certain conditions
- Persons who have made misrepresentations in obtaining
immigration benefits.
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