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Updated Fact Sheet: U.S. Naturalization Requirements Naturalization is the process by which a person who was not born a citizen of the United States (or did not acquire or derive U.S. citizenship from U.S. citizen parents) becomes a U.S. citizen. The requirements for naturalization are set forth in the Immigration and Nationality Act (INA). These requirements apply to most applicants for naturalization. The information contained in this Fact Sheet is not legal advice. If you have questions regarding your eligibility for U.S. citizenship, please consult an immigration lawyer. Requirements:1 1. Lawful Permanent Residence. Applicant for naturalization must be a Lawful Permanent Resident (LPR). Those who served honorably in the U.S. military in times of war or declared hostility may be exempt from this requirement. 2. Age. Applicant for naturalization must be at least 18 years old. Those who served honorably in the U.S. military in times of war or declared hostility may also be exempt from the age requirement. A child born outside the United States may become a U.S. citizen when his or her parents naturalize. 3. Continuous Residence. Applicant for naturalization must continuously reside in the United States for five years after obtaining LPR status. ? If married to a U.S. citizen, the residence requirement is three years. ? Continuous residence does not mean actual physical presence. Brief absences are allowed and do not break the continuous residence period. ? Physical absence from the United States for less than six months does not affect the continuous residence requirement. ? If the absence is between six months and a year, the government will presume that the applicant intended to break the period of continuous residence. However, this presumption may be overcome by demonstrating his or her intent not to abandon continuous residence in the United States. ? Absence greater than a year breaks continuous residence as a matter of law. However, those who outside the United States for a year or more in service of the government or certain approved businesses, institutions, or organizations may be exempt from this rule. 1 Current law as of July 2, 2003 ? Applicant must continuously reside in the United States from the date that s/he files the application for naturalization to the time that s/he becomes a U.S. citizen. 4. Physical Presence. Applicant must have been physically present in the United States for at least half of the five years (i.e. 30 months) before filing the application for naturalization. 5. Language and Civics Aptitude. Applicant must show that s/he can read, write and speak English. S/he must also demonstrate knowledge and understanding of basic U.S. history and government. ? If the applicant fails the language or civics test the first time, s/he may retake the test within 90 days. ? People who are over 50 years old and have lived in the United States for over 20 years as LPRs, or those who are over 55 years old and have lived in the United States for 15 years as LPRs are exempt from the language requirement. ? People who have serious physical or mental impairments, or who have been declared legally incompetent, are exempt from both the language and civics requirements. 6. Good Moral Character. Applicant must be a person of good moral character for at least five years (three years for those married to U.S. citizens, one year for members of U.S. Armed Services applying for naturalization under INA ? 329) immediately before s/he becomes a U.S. citizen. ? BCIS may also consider the applicant?s conduct prior to the five year period in determining his or her good moral character. ? Applicants with any criminal conviction should consult an immigration lawyer before applying for naturalization. The criminal conviction may not only render the applicant ineligible for naturalization, but may also make the applicant deportable from the United States, even if s/he is a lawful permanent resident. 7. Register with Selective Service. Male applicants between 18 to 26 years of age must have registered with the Selective Service. ? If the applicant did not register with Selective Service before his 26th birthday, but the failure to register was not knowing and willful, he should submit to BCIS a detailed explanation as to why he did not register and submit any and all documentation that supports his account. The applicant must show by ?a preponderance of evidence? that the failure to register was not knowing and willful. BCIS will decide whether the person?s failure to register was knowing and willful. ? BCIS may also ask the applicant to submit an official ?status information? letter from Selective Service indicating whether you were or were not required to register. ? Check out the Selective Service website at www.sss.gov for additional information on Selective Service registration requirements. 8. Residence in BCIS District. Applicant must have lived in the state or the BCIS district in which the naturalization application is filed for at least three months immediately before s/he files the application. 9. Attachment to the Constitution. Applicant must show an attachment to the principles of the Constitution and a disposition for good order and happiness of the United States. ? Applicant must disclose all organizations of which s/he is or has been a member. ? Membership in the Communist Party or ?subversive? or ?totalitarian? organizations after the age of sixteen may render an applicant ineligible for naturalization, unless s/he can show that the membership was involuntary, terminated more than ten years before applying for naturalization, or was necessary in order to obtain employment, food, or ?other essentials of living.? ? The USA PATRIOT Act retroactively expanded the definition of ?terrorist? organizations. Because being associated with such organizations will not only render the applicant ineligible for naturalization but may also make him or her deportable (even if the person is a lawful permanent resident), an applicant who has any questions about his or her membership in any group should consult an immigration lawyer before applying for naturalization. 10. Oath of Allegiance. Applicant must take an oath of allegiance to the United States to support and defend the Constitution and laws of the United States, renouncing allegiance to any foreign state and to bear arms on behalf of the United States. The oath to bear arms on behalf of the U.S. can be modified if the applicant shows by a clear and convincing evidence his or her opposition (religious or otherwise) to bearing arms. Source: National Asian Pacific American Legal Consortium (NAPALC) Tel 202-296-2300
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