New York Divorce Lawyer
How To Become A U.S. Citizen
By Venky Anandarangam, Esq.
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      A citizen of the United States may be native-born or foreign-born and naturalized.  Naturalization is the process by which a foreign national becomes a U.S. citizen.

      A permanent resident alien can file fro U.S. citizenship 4 years and 9 months after obtaining what is know as "the green card”.  There sis one exception: the time required is 3 years, if the permanent resident alien has obtained the green card through marriage to a U.S. citizen and is still married to and resides with that U.S. citizen.

      To become a citizen, the applicant must have filed tax returns for the past 5 years, must not have been convicted of any crimes, and answer questions correctly about U.S> government and history at a citizenship interview.  In general, the applicant must also be able to read, write, and understand English.  Currently, the approximate waiting period from the application for citizenship to interview is 12 to 15 months.

      There are 5 general requirements for the naturalization process:

      Residency-the applicant must have lawfully admitted to the United States for a permanent residence, a date that begins when the applicant was granted permanent resident status.

      Residence and Physical presence - An applicant is eligible to file if, immediately preceding the filing application, he or she: a) has been lawfully admitted a permanent residence; b) has resided continuously as a lawful permanent resident in the U.S. for at least 5 years before filing, with no single absence from the united States of more than one year; c) has been physically present in the United States for at least 30 months out of the previous 60 months) has resided within the united States for at least the previous three months; e) he or she has good moral character.

      Language - Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language.  Applicants exempt from this requirement are those who on the date of filing: a) have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 15 years or more and are over 55 years of age; or b) have been residing in the United States after a lawful admission for permanent residence for periods totaling 20 years or more and are more than 50 years of age; or c) have a medically determinable physical or mental impairment, whether the impairment affects the applicant’s ability to learn English.

       Knowledge of a U.S. Government and History - An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and forms of government of the United States.  The only applicant who is exempt from these requirements is one who, on the date of filing, has medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn U.S. history and government.

      Oath of Allegiance - To become a citizen, one must take an oath of allegiance to the United States.

      Because of both the complexity and the frequent changes in immigration laws, one should consult an attorney before preparing the necessary documents for the naturalization proceeding.

 


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