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Naturalization

March 11, 2017AsteraLawResources

Naturalization is an administrative process by which a foreign citizen obtains U.S. Citizenship after meeting and/or fulfilling requirements established in the Immigration and Nationality Act (INA).

Citizenship is a similar administrative process by which a foreign citizen acquires U.S. Citizenship based on some preceding event, such as where that foreign citizen’s birth meets citizenship acquisition requirements or where that foreign child’s U.S. citizen parent(s) naturalizes and passes citizenship down to the child.

There are multiple exceptions and individual-specific or fact-specific naturalization programs.  However, the most commonly known naturalization process requires the following:

  • Be 18 or older at the time of filing;

  • Maintaining permanent resident status for at least 5 years and meet all other eligibility requirements; or

  • Maintaining permanent resident status for at least 3 years, if your permanent resident status was based on marriage to a U.S. Citizen spouse, and you are still married and living with the U.S. Citizen spouse, and meet all other eligibility requirements; and

  • Have lived within the state, or USCIS district with jurisdiction over your place of residence, for at least 3 months prior to the date of filing the application; and

  • Have continuous residence in the United States as a permanent resident for at least 5 years (3 years if based on marriage to a U.S. Citizen) immediately preceding the date of filing the application; and

  • Be physically present in the United States for at least 30 months out of the 5 years (18 months out of the 3 years if based on marriage to a U.S. Citizen) immediately preceding the date of filing the application; and

  • Reside continuously within the United States from the date of application for naturalization up to the time of naturalization; and

  • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and civics; and

  • Be a person of good moral character, attached to the principles of the Constitution of the United States.

Additional naturalization programs that are available include those for:

  • Individuals with qualifying service in the U.S. armed forces;

  • Children of U.S. Citizens, born outside of the U.S. and currently residing outside of the U.S.

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