What is naturalization?

Naturalization is the process by which U.S. citizenship is conferred upon a foreign r national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

• A period of continuous residence and physical presence in the United States;
• residence in a particular USCIS District prior to filing;
• an ability to read, write, and speak English;
• a knowledge and understanding of U.S. history and government;
• good moral character;
• attachment to the principles of the U.S. Costitution; and,
• favorable disposition toward the United States.

What is the resident requirement?

In most cases, an applicant for naturalization must have been a permanent resident of the US for at least five years (three years for residents who acquired status through a U.S. citizen spouse) and also meet certain requirements dealing with the time physically spent in the US.

During the five years immediately preceding the application, the naturalization applicant must have resided in the US, with half of that time physically spent in the US. During the three months preceding the application, the applicant must have resided in the USCIS district where the application will be filed. Between the filing of the naturalization application and the granting of citizenship, the applicant must continue to reside in the US. Residence is defined as a person’s place of general abode.

Absences from the US during these periods does not automatically terminate the period of physical presence. However, absences of between six months and one year create a presumption which breaks the period of continuous residence. In some cases, this presumption may be overcome by demonstrating that the applicant did not abandon their US residence. Evidence that can be used in this regard includes continuing US employment, family in the US, maintaining a home in the US, and not obtaining employment abroad.

Absences of more than one year will terminate continuous residence unless the applicant complies with the following requirements. First, the applicant must have been physically present in the US for one continuous year following admission as a permanent resident. Any absence from the US, however brief, is not allowed during this period. Second, the applicant must be employed by one of the following:

• The US government

• A US research institution recognized by the Attorney General

• A US business engaged in the development of foreign trade and commerce

• A public international organization of which the US is a member

Before the one-year period outside the US is up, the applicant must demonstrate that he or she is employed by one of the organizations listed above. The applicant must then prove again that his or her absence from the US was because of employment. Even when these requirements are met, it is important to remember that the requirement that half of the five years prior to filing the naturalization application be spent in the US still applies. The only exception to this requirement is for time outside of the US during which a person is considered to be “constructively present” in the US. The most common example of this is overseas military service.

How are applicants tested on the English language requirement?

There is no specific test for this, and the applicant’s ability is determined in the course of the naturalization interview. There are a few categories of applicants who are exempt from this requirement. Those exempt are people who, because of a physical disability are unable to learn English, those with a mental handicap that makes it impossible to learn English, people over age fifty who have lived in the US as permanent residents for at least twenty years, and people over age fifty-five who have been permanent residents for at least fifteen years.

The USCIS has adopted definitions of physical and mental disabilities that are similar to the definitions used by federal agencies that run disability programs. The impairment must be “medically determinable,” which means that it must be based on an anatomical, physiological or psychological condition that can be shown by accepted medical techniques to render the person unable to learn English. If reasonable steps could be taken to learn English, for example, a blind person using Braille, or a deaf person using sign language, the disability waiver is not available. Even if the disability waiver is granted, most applicants must still demonstrate that they understand and agree with the oath of allegiance. Under a law passed late last year, however, a waiver of the oath is provided for people who cannot understand it because of a disability.

How are applicants tested on their knowledge of U.S. history and civics?

Yes. Naturalization applicants must also demonstrate a knowledge and understanding of the history and government of the US. This is done by asking the applicant a number of questions from a standard list of 100 questions. Generally, people who are exempt from the English language requirement are not exempt from this requirement. These individuals, however, man use an interpreter during the examination. Those exempt from the civics requirement include those who are physically or mentally unable to comply. Also, applicants who are over age sixty-five and have been permanent residents for at least 20 years are given an easier test, having to answer only six questions correctly from a list of 25.

What is meant by the good moral character requirement?

The five years immediately preceding the application are closely examined, and certain criminal offenses during this period will automatically preclude a finding of good moral character. The applicant’s entire life can also be examined.

Do I have to register for Selective Services?

You may be required to register with Selective Service to be eligible for citizenship. The following link will lead you to more information about whether you are required to register. Click here to get more information

Are there other helpful links provided by the USCIS to which I may be directed?
Are there special provisions for children?

Yes. The INA provides information on children and citizenship (including for those adopted abroad) in §320 and §322.

Additionally, many people adopt children from outside the U.S. Information on this is found at the USCIS website Inter-Country adoptions page and the State Department’s International Adoption page. (More information for U.S. citizens abroad is on the State Department’s website.)

In the year 2000, The US Congress passed the Child Citizenship Act, which significantly impacts the laws relating to children and citizenship. The following titles will link you to information about this Act and to other relevant documents.

• Child Citizenship Act Program Update, January 2004

• Information for Parents of Foreign-Born Children Residing Abroad, January 2004

• Information for Adoptive Parents of Foreign-Born Orphans Residing in the U.S., January 2004

• Information for Parents of Foreign-Born Biological Children Residing in the U.S., January 2004

Are there other useful USCIS titles worth reviewing?

Yes. For your convenience we have provided useful links to the USCIS website.

A Guide to Naturalization: A comprehensive booklet which provides information on the benefits and responsibilities of citizenship, an overview of the naturalization process and eligibility requirements. USCIS now offers this publication in several languages.

Eligibility Requirements and New Testing: This page details general and special requirements for becoming a naturalized U.S. citizen, and includes an interactive eligibility worksheet. Additionally, the page provides links to study guides and an interactive self test for U.S. history and government.

Naturalization Application Procedures: From this page, you can download Form N-400, Application for Naturalization, and link to information on where to file your application, the fingerprint process, and fee waiver policies.