Overview

This article discusses some bases for naturalization, but these bases are not exclusive.  Even if an applicant does not satisfy the categories discussed below, he or she may nonetheless be eligible for naturalization.  INS Form N-400 contains detailed information about the types of persons eligible for naturalization.  And most applicants should consult an attorney before proceeding.

The INS provides a Guide to Naturalization and an Errata Sheet that corrects errors in the guide.   Both of these documents are available at the INS website and are reproduced here in .pdf format for the convenience of visitors.

Naturalization is the process by which foreign nationals may become United States citizens.  Applicants for naturalization must satisfy many requirements, take an exam, answer questions at an interview and swear an oath of allegiance.  Although this process may require much study and preparation for some applicants, citizenship is generally considered a great reward.  Most applicants for naturalization:

Citizenship by Birth Outside of the United States

Interestingly, there are many persons who are unaware that they are US citizens or are immediately eligible for US citizenship.  The rules covering citizenship of legitimate children born outside of the US are complex, but an INS chart is included below to simplify this otherwise burdensome analysis.  The factors that influence citizenship can be divided into four categories: (1) the date the child was born, (2) the citizenship of the child's parents (e.g. one citizen parent, two citizen parents, one citizen and one national, one citizen and one alien, etc.), (3) whether the citizen parent or the citizen parent of the citizen parent was required to and did reside in the US for a specified period of time, and (4) whether the child was required to and did reside in the US for a specified period of time.

Chart for Determining Whether Legitimate Children Born
Outside the US Acquired US Citizenship at Birth
[Olender Law Office Altered This Chart to Reflect
Changes in the Law Effective 1994 -
Pub.L. No. 103-416 Stat. 4305 (Oct. 25, 1994)]

This problem becomes more complex when trying to discover whether a US citizen parent passed citizenship to his or her child, who then passed it on through another generation to that child's children.  There is a remedy for adults who are citizens, but who failed to meet the minimum requirements for physical presence.   That remedy is to petition under 8 USC 1433.  That section provides that the US citizen parent of a child born outside of the US may apply for a certificate of citizenship on behalf of the child if (1) at least one parent is a US citizen, (2) the child is physically present in the US pursuant to lawful admission, (3) the child is under age 18 and in the legal custody of the citizen parent, (4) if the citizen parent is an adoptive parent, the child was adopted before reaching age 16, and (5) if the citizen parent has not been physically present in the US or its outlying possessions for five years, two of which were after attaining the age 14, or a citizen parent of the citizen parent has been physically present in the US for periods totaling not less than five years at least two of which were after attaining age 14.

General Requirements for Naturalization

The general requirements for applying for naturalization are set forth at 8 USC 1427.   This section of the law is not particularly complex and applicants may find interesting information by reading it.  For a link to the United States Code, click here.

Age

Applicants usually must be at least 18 years old to apply for United States citizenship.  However applicants under 18 with parents who are United States citizens may qualify for derivative citizenship.

Residency 

Most applicants must have resided in the United States as lawful permanent residents for five years before they may file for citizenship.  Some exceptions include spouses of United States citizens (see below).  Applicants also must have been physically present in the United States for at least half of the total residency period required.  The applicant, however, may file the naturalization application up to three months before attaining the five year requirement.  8 USC 1445(a).

Additionally, an applicant may not have been absent from the United States for more than one continuous year of the five years to be counted for this requirement.  But absences of more than six months may require the applicant to show that he or she did not intend to relinquish lawful permanent residency.  The applicant must also reside in the state or INS district with jurisdiction over their petition for at least three months before filing it.

Good Moral Character 

Applicants usually must show a record of good moral character for five years preceding the application.  But this period may be reduced to three years if the applicant is married to a United States citizen, and one year if the applicant qualifies under an exception for some persons who served in the United States Armed Forces.

Naturalization is a very serious step to take for some persons.  Some applicants who are currently lawful permanent residents may be unaware of difficulties with their status or activities in their past that moral character applications can reveal.   Unfortunately, for those applicants the naturalization process actually initiates problems that may result in removal (the new term for deportation).  For this reason alone, applicants may want to seek the advice of an attorney.

The Immigration and Naturalization Service usually conducts a thorough investigation of the applicant's background to evaluate moral character.  And applicants must attend an interview to answer questions relating to this inquiry.

The Immigration and Naturalization Service may find that an applicant does not to have good moral character if during the past five years that applicant was involved in or convicted of any of the following:

According to the INS, during the examination the INS interviewer may inquire about other activities like homosexuality, adultery, child support delinquencies and past income tax payments.  And the INS may consider the applicant's activities before this five year period in making a moral character determination.

The English & History Exam

Applicants must be proficient in English and know some Untied States history.   Applicants must demonstrate this proficiency by taking an examination.   Although all applicants must take the Untied States history exam, some applicants may qualify for a waiver of the English proficiency exam if they are:

Applicants may download three study aids for the naturalization test from this site.  Each has been prepared by the INS.  Downloads may take a few minutes depending on the speed of your Internet connection.  And the file format requires the Adobe Acrobat Reader.

Waivers & Exceptions

Spouses of United States Citizens

Some lawful permanent residents married to United States citizens may file for naturalization after residing in the United States for three continuous years.  These applicants must satisfy certain conditions immediately before filing the application:

1. The applicant must have been a party to a valid marriage with the same US citizen spouse for all three years;
2. The US citizen spouse must have been a citizen for all three years and must meet all physical presence and residency requirements; and
3. The applicant must meet all other naturalization requirements that apply to those not eligible for this exception.

Some lawful permanent residents may not have to comply with the residency or physical presence requirements if the US citizen spouse holds jobs with certain employers.   These employers include:

1. The US Government (including the US Armed Forces);
2. American research institutes recognized by the Attorney General;
3. Recognized US religious organizations;
4. US research institutions;
5. An American firm engaged in the development of foreign trade and commerce of the United States; or
6. Certain public international organizations involving the United States.

Children of United States Citizens

Children born abroad to United States citizens are United States citizens.  But the United States citizen parents of children born abroad may choose to file the N-600 Application for Certificate of Citizenship.  This certificate provides a record of citizenship that may be necessary to obtain other documents.

Adopted children of United States citizen parents may be United States citizens.   However, the rules are complex regarding which types of adoptive relationships support immigration.  And the application of those rules differs by the particular facts of each case.  Adoptive parents wishing to pursue United States citizenship for their eligible adopted children under age 18 should file INS Form N-643 instead of an N-600.  Adopted children over 18 should file INS Form N-400.

Military Service

Many favorable exceptions are available to persons who served in the United States Armed Forces as well as to their spouses.  However, the list of exceptions is long and complex.  More information can be found at the INS web site.  And applicants who may be eligible for favorable exceptions may want to seek legal advice.

Procedure to Apply

Applicants must file INS Form N-400 and supporting documents, attend an appointment for a fingerprint impression at an INS Fingerprint Center, submit two photos and pay a filing fee.  If filed before January 15, 1999, this filing fee is $90.00, but beginning January 15, 1999 the fee will be $225.00.  The applications and attachments should be filed with the INS office that has jurisdiction over the applicant's residence.

The applicant will then be scheduled for a finger printing appointment at the INS finger printing site nearest them.  (Click here for a list of INS finger printing sites in .pdf format).  The applicant will then receive notice of a formal interview and must attend interview and examination at an INS office where the INS will interview the applicant under oath about information provided on the application.  The applicant will then take English literacy and American history examinations.

Finally, if the application is approved, the applicant must attend a court or INS ceremony where he or she will take an official oath swearing allegiance to the United States and forswearing allegiance to other countries.

Denaturalization

Denaturalization is the process where the INS or another US government agency petitions to have previously granted US citizenship revoked and nullified.  This process may be administrative or judicial.  If administrative, the process may not be initiated more than two years after citizenship is granted.  There is no temporal limit for Judicial denaturalization.  Aside from two never before enforced grounds, denaturalization may only be brought for fraud or misrepresentation in the naturalization process.  Absent those two, not yet enforced grounds, one may not be denaturalized for actions occurring after naturalization is granted.

Most often, denaturalization is brought as a result of a person making a misrepresentation, usually an omission, on their Form N-400 or during the naturalization interview.  If a person has been convicted of a crime or engaged in criminal activity and fails to include that information, this misrepresentation is grounds for denaturalization.  A person with conditions that may disqualify him or her from naturalization, but which are in the distant past and unlikely to be discovered by the INS, should nonetheless not apply for naturalization, or apply and completely disclose all requested information.  Because judicial denaturalization may be brought until a naturalized citizen's last living moment on this earth, it is highly unadvisable to make a misrepresentation that may for one reason or another be discovered decades after the application is granted.

Until 1994, denaturalization proceedings could be brought if a naturalized citizen established a foreign residence within one year of being granted citizenship.  This, it was argued, showed a misrepresentation of the requirement of intent to reside in the United States.  This provision has been repealed.

The two grounds punishing conduct occurring after naturalization are: (1) refusing to testify before a congressional committee within ten years after INS grants naturalization, and (2) if the naturalized citizen becomes a member of a proscribed subversive organization within five years after naturalization.  Either of these events provides prima facie evidence of lack of attachment to the United States at the time of naturalization as well as a concealment or misrepresentation of the oath of allegiance, and other promises an applicant makes during the naturalization process.   INA Sections 340(a) through (c), Title 8 Code of Federal Regulations Sections 1451 (a) through (c).

Should INS attempt enforcement of either of these provisions, significant legal opposition is likely.

Expatriation

Expatriation is the voluntary relinquishment of citizenship.  A citizen voluntary relinquishes citizenship by performing one of eight acts listed in 8 USC 1481 with the intent of relinquishing US citizenship.  Those acts include obtaining naturalization in a foreign state after age 18, serving in the armed forces of a foreign state if (A) those armed forces are engaged in hostilities against the US, or (B) the person served as a commissioned or noncommissioned officer, by making a formal renunciation of citizenship before a diplomatic or consular officer of the Untied States while in a foreign state and other acts.  Note that the United States does not prohibit dual citizenship.  A US citizen will not be expatriated merely as a result of applying for and receiving naturalization in a foreign state.  The citizen must perform one of the listed acts with the intent of relinquishing US citizenship.