IMMIGRATION LAW

Naturalization is the process by which a person not born in the United States voluntarily becomes a U.S. citizen. The requirements vary depending on your individual circumstances, but in all cases an application must be completed.

 

The paperwork can be very complex, so consulting an experienced attorney is strongly recommended. Call 592-8186 today. The immigration attorneys at Flowers Davis can help you accurately complete your paperwork which avoids automatic rejection due to incorrect filing.

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To qualify to file a naturalization application you must meet one of the following requirements:

• You have been a permanent resident of the United States for at least five (5) years, and meet all other eligibility requirements

• You are a spouse of a US Resident and have yourself been a permanent resident of the United States for at least three (3) years and meet all other eligibility requirements

• You have qualifying service in the United States Armed Forces and meet all other eligibility requirements

• You are a child of a U.S. citizen, born outside the U.S. or currently residing outside the U.S. (Note: You may already be a U.S. citizen and not need to apply for naturalization if your biological or adoptive parent(s) became a U.S. citizen before you reached the age of 18).

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To be approved for naturalization, you must meet the following requirements:

• You must be at least 18 years of age at the time of filing.

• You must have been a legal permanent resident (have a “green card”) for at least five (5) years (or three (3) years if married to a U.S. Citizen)

• Can demonstrate continual residence in the U.S. with no trips outside the country for more than six months

• Can show you have been physically present in the U.S. more than half the time (three or five years) prior to the date you file

• Can show you have lived the required time in the USCIS (U.S. Citizenship & Immigration Services) district where you apply

• Can demonstrate “good moral character” during the three or five-year period. This requirement can be affected by arrests, being untruthful in the immigration process (including at the interview), failure to pay child support, failure to pay taxes, among other things.

• Can demonstrate you are able to speak, read and write English (there are some medical and age-based exemptions)

• Have a basic understanding of U.S. History and government (civics) before passing an exam (again, there are some medical and age-based exemptions)

• Are willing and able to take an oath of allegiance to the United States (there are religious accommodations that may be requested – for example, the “bear arms” provisions for Jehovah’s Witnesses, etc.)

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