Citizenship and Naturalization
Overview
There are two ways for a person to become a U.S. Citizen:
- (1) By Operation of Law- examples by birth in the U.S. or by birth abroad to U.S. citizens. Note: requires no affirmative action by the beneficiary.
- (2) Naturalization- requires an affirmative application and satisfaction of statutory eligibility requirements.
General Requirements for Naturalization
- Applicant must be lawfully admitted as a permanent resident.
- Applicant must be at least 18 years old.
- Applicant must satisfy three residency requirements as follows:
(a) Continuous Residence- for most residents continuous residence for a period of five years is required. Note: Residence is defined as one’s principal actual dwelling place, without regard to intent. See INA§101(a)(33).
Recommendations
- (1) It is highly recommended to hire a licensed immigration attorney at the time of arrest to work with the criminal lawyer in order to attempt to negotiate a plea with the least damaging immigration consequences possible.
- (2) It is recommended that an applicant with arrests and convictions have an immigration attorney review all of the applicant’s criminal records and history before applying for naturalization because a conviction(s) may not only render the applicant ineligible for naturalization but may subject the applicant to being placed in deportation or removal proceedings or could make the applicant inadmissible to the U.S. upon departure.
Civics & Literacy Exam
- All applicants for naturalization must pass a literacy test in English (reading and writing) and pass a history/civics examination in English.
Exceptions
- An alien who is physically unable to complete with the requirement. Note: Requires a medical certificate attesting to such.
- An alien who is over 65 years old and has been a permanent resident for more than 20 years can take the Exam in his or her native language.
- Applicants who are more than 55 years of age and who resided in the U.S. as permanent residents may also be examined in their native language rather than English.
