What is naturalization? Basically it is the process of becoming a U.S. citizen for an individual not born in the United States. Individuals who are not born in the U.S. can apply for naturalization to become citizens of the United States. The application for naturalization is Form N-400 and can be obtained from the USCIS at www.uscis.gov. However, there are specific requirements that must be met before the application can be processed.

There are permanent resident requirements for individuals to become U.S. citizens. A permanent resident is someone who has "permanent resident" status under immigration law. These individuals are given a Permanent Resident Card known as a Green Card. There is a set number of years different individuals are required to be in continuous residence. This term continuous residence, describes living in the U.S. for a long period of time and having stayed in the U.S. Any stay outside the U.S. for more than 6 months but less than 1 year will disrupt continuous residence. Permanent residents need to maintain this continuous residence as well physical presence in the U.S. Permanent residence is for 5 years and if married to a U.S. citizen there is a requirement of 3 years.

Permanent residents who are applying for naturalization need to be a person of good moral character. Congress has specific requirements regarding what the USCIS will use to determine your good moral character. Specifically your criminal record. There are offenses that you cannot be convicted of, meaning you will be barred from applying for naturalization. There are offenses that can temporarily bar an individual from qualifying from citizenship. The following crimes are listed as examples of demonstrating a lack of good moral character: crimes against person with intent to harm, violating controlled substance laws, illegal gambling prostitution and terrorist acts to name a few. Lying to USCIS interviews will also be grounds for denial of citizenship.

A requirement of understanding the English language must be demonstrated by the applicant for naturalization. The applicant must be able to read, write, and speak simple words and phrases from "ordinary usage in the English language." There is also a requirement for the applicant to have a basic knowledge of history and U.S. government. Applicants over the age of 50 have different exemptions for taking the English testing. If the applicant is over 50 years of age and Permanent Resident for at least 20 years, they do not have to take the English test, but do have to take the civic (government) test.

As an applicant for citizenship, you must show a willingness to support and defend the United States and the Constitution. There must be a declaration of "attachment" to the U.S. and the Constitution by taking an Oath of Allegiance. this Oath makes the applicant promise the following: to renounce foreign allegiances, support the Constitution, and serve the United States.

There are steps outside of completing the application and a basic overview of these can be found at the USCIS website www.USCIS.gov. Completing the application, having fingerprints taken, being interviewed by USCIS, taking the English and civics tests and taking the oath are all necessary steps to becoming a U.S. citizen. Contacting an immigration attorney can be helpful when questions arise regarding the important step of becoming a U.S. citizen. If you have questions regarding this process please contact www.attorneycantu.com for information.

The Law offices of J.R. Cantu, is a general law practice focusing on immigration law. We assist clients throughout the U.S. with their family and employment based immigration needs.