How do I Become a Citizen of the united states?

United States Citizenship is a status given to a legal member of the United States. It entails specific rights, duties and privileges, including a right to live and work in the United States and receive economic benefits from the state, for example federal assistance. United States citizens are protected from application of immigration laws and are not subject to the grounds of inadmissibility and deportability.

There are only two ways to become a United States citizen:

by law
by birth.

According to the 14th Amendment of the United States Constitution, “all persons born in and subject to the jurisdiction” of the United States are U.S. citizens. In this case, the person will be deemed a U.S. Citizen upon establishing the fact of birth in the United States.

In addition, depending on the applicable citizenship acquisition statute at the time of the child’s birth, an overseas born child may be a United States citizen if born to one or both parents who are U.S. citizens. This right of citizenship although acquired by birth does not derive from the Constitution and therefore Congress has broad powers to enact laws and permit distinctions and limitations that otherwise would not be permissible.

Generally, no action on the person’s part is required in order to claim citizenship if such status was acquired by birth in a state or territory of the United States. If an individual was born to a U.S. citizen parent or parents overseas and the fact of birth was not recorded at the U.S. Consulate in the particular country, they have to go through a process of citizenship recognition in order to obtain a United States Passport or Citizenship Certificate. It is strongly advisable to consult a qualified immigration attorney in such cases as the laws are very complex and change often.

The second way to obtain the United States citizenship is by law through the process of naturalization governed by the Immigration and Nationality Act. To qualify for naturalization a person has to be a Legal Permanent Resident of the United States for certain amount of time (usually at least five years with certain exceptions applicable to the spouses of the United States Citizens and members of the U.S. military as discussed later in this article), meet multiple other requirements set by law and pass the naturalization exam administered by the USCIS.

As defined by the USCIS to be eligible for naturalization an applicant must:

Be at least 18 years old;
Be a permanent resident (green card holder) for at least 5 years immediately preceding the date of filing Application for Naturalization;
Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application;
Have continuous residence in the United States as a permanent resident for at least 5 years immediately preceding the date of the filing the application;
Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application;
Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law.
Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics). There are exceptions to this rule for someone who:

Is 55 years old and has been a permanent resident for at least 15 years;
Is 50 years old and has been a permanent resident for at least 50 years; or
Has a permanent physical or mental impairment that makes the individual unable to fulfill these requirements.

All of these requirements must be met to qualify for the U.S. citizenship. Some of them are simple and easy to understand, like being 18 years old. Others, however, are much more complicated and harder to satisfy, consequently requiring qualified legal assistance.

For example, “continuous presence” in the United States is necessary to preserve the permanent resident status and meet the time requirements for citizenship. It means that an individual must continuously reside in the United States and any absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required shall disrupt the continuity of such residence for purposes of satisfying “continuous presence” requirement.

A person can maintain "continuous residence" in the United States by not remaining outside the country for extended periods of time or by obtaining advance approval from U.S. Citizenship and Immigration Services of the Department of Homeland Security for the absence by filing Form N-470 with a USCIS Service Center before leaving the United States for an extended stay outside the United States. A break in residence of more than one year, without advance approval of Form N-470, means you must start a five-year term of physical presence in the United States again.

Similarly, “physical presence” means that a person has actually been in the United States. It requires the applicant to be present in the country to be eligible for citizenship. The deference between the “continuous residence” and “physical presence” requirements is that “continuous residence” concerns the time a person has lawfully lived in the United States without an absence long enough to break the continuity for naturalization purposes. And “physical presence” concerns the actual number of days a person was in the United States during the period required for naturalization.

In addition, to be eligible for naturalization a person must possess good moral character. USCIS will determine an individual’s moral character based upon the laws passed by Congress. The following factors may be considered demonstrating lack of “good moral character”:

Criminal Record, including arrests, convictions, and expunged offenses.
Violation of any controlled substance law of the United States, any state or a foreign country.
Lying to gain immigration benefits.
Habitual drunkenness.
Prostitution.
Illegal Gambling.
Polygamy.
Failing to pay court – ordered child or spousal support payments.
Failing to complete any suspended sentence, probation or parole before a person applies for naturalization.
Terrorist acts.
Persecution of anyone because of race, religion, national origin, political opinion or social group.

This is certainly not meant to be an exhaustive list of things that can cause problems with the naturalization process. If any of the above apply to you, or you are concerned that an arrest for a particular offense might subject you to denial of U.S. citizenship, please consult a qualified immigration lawyer.

Lastly, an applicant for naturalization must be able to speak, write and read basic English and be able to pass a U.S. history and government test administered by the USCIS during the naturalization interview. Many schools and local community organizations help people prepare for the naturalization exams. Also, a lot of useful information may be found on the USCIS website. Finally, your immigration attorney can provide a full study and preparation for the naturalization exam package, guide you through the examination procedure and answer any questions about the citizenship interview.

If an individual meets all of the eligibility requirements, an “Application for Naturalization” (Form N-400) must be completed and filed at the USCIS with applicable fees, to initiate the naturalization process. The current fees for processing and the Form N-400 (Application for Naturalization) may be found on the USCIS web-site: www.uscis.gov.
The Application for Naturalization must be accompanied by:

2 standard, passport style, color photographs;
Front and Back photocopies of the Form I – 551 (Permanent Resident Card)
Other documents depending on individual circumstances.

Once the USCIS receives completed “Application for Naturalization” (Form N-400) they will send the person a notice with the place and date of the fingerprint appointment. The applicant’s fingerprints will be used to check his or her background by the FBI.

While the background check is in progress, the USCIS will locate the applicant’s immigration file and may request additional information or documents.
After the background check is completed and the person’s immigration file is reviewed by an USCIS official, USCIS will send the applicant a letter with the date, time and place for the naturalization interview. In most cases the interview date will be 6 to 9 months from the date of filing of the Application for Naturalization.

At the naturalization interview the applicant will be asked about their background, evidence supporting their citizenship case, the place and length of their residence, their attachment to the Constitution of the United States and their willingness to take an Oath of Allegiance to the United States. In addition, the officer may inquire about the applicant’s eligibility for citizenship.

During the naturalization interview, the applicant will also be given the civics test (the test regarding the History and Government of the United States) and also be tested on their English language skills.

After the interview, an applicant is provided with a Form N-652 containing the results of their naturalization interview. Based on the information provided by the applicant their citizenship application will be granted, continued or denied after the interview.
If USCIS grants the application for naturalization, and Oath of Allegiance to the United States must be taken by the applicant. A person becomes a citizen as soon as the Oath of Allegiance to the United States is taken at a formal naturalization ceremony.

It is strongly recommended to consult an experienced immigration attorney before starting the naturalization process or in the case of denied/continued applications. Please contact Immigration Attorney Milda Goeriz at (925) 262 – 3884 for qualified advice regarding your immigration case.