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NATURALIZATION
I. SUMMARY
II. WHAT IS NATURALIZATION?
III. WHO IS ELIGIBLE FOR NATURALIZATION?
IV. WHAT FORMS DO I USE?
V. FEES
VI. PROCEDURE
NATURALIZATION
I. SUMMARY
This is the last step in the process by which an individual who has obtained lawful permanent resident status takes to become an American citizen. There is no requirement that someone who is a lawful permanent resident become an America citizen. You can live in America forever an not obtain your citizenship. However, citizenship is the ultimate goal of many individuals who come to America on immigrant visas. If this is your goal, you must meet several requirements, such as continuously residing in America for the five years immediately prior to filing your naturalization application. Your family may also apply for naturalization when you do. Thus, your whole family has the ability to become American citizens.
Citizenship brings with it many benefits, such as the freedom to come to and leave America without having to undergo any special procedures prior to leaving. You are now an American. You can vote and participate in choosing the most powerful, democratic government in the world. You have the freedom that living in America brings such as the freedom to practice whatever religion you wish, to speak your mind on political matters and to engage in whatever type of work you choose.
You must be patient when filing for naturalization. Although these applications are given priority, processing can still take one to two years.
II. WHAT IS NATURALIZATION?
It is the last step in the process by which an individual who has obtained lawful permanent resident status takes to become an American citizen.
III. WHO IS ELIGIBLE FOR NATURALIZATION?
- Lawful admission to America as a permanent resident;
- Continuous residence in America for at least 5 years immediately preceding your filing for naturalization;
- Physical presence in America for an aggregate total for 2 ½ years (1 ½ years for spouses);
- If you are the spouse of a citizen, continuous residence in America for at least 5 years immediately preceding your filing for naturalization;
- 3 months residence in the state in which the petition is filed immediately preceding the filing for naturalization;
- You must be able to read and write English;
- You have knowledge and understanding of the basics of American history;
- You must have good moral character;
- You are attached to the principles of the U.S. Constitution;
- You are 18 years old at the time you filed for naturalization (Except if you are the child of a parent filing for naturalization
- If you served honorably in active duty status in the U.S. military during a time of war (No LPR status required).
IV. WHAT FORMS DO I USE?
A. INS FORM N-400, APPLICATION FOR NATURALIZATION: This is the form that you will file to obtain your citizenship. It is 4 pages and you must answer questions that relate to the specific requirements that you must meet in order to be eligible. Eligible children may be included in your application.
B. FORM N-426 AND FORM G-325B: You must file this form if you are basing your eligibility on qualifying military service.
C. FORM N-648, MEDICAL CERTIFICATION FOR DISABILITY EXCEPTION: If you requesting a medical waiver, this form must be submitted within 6 months of its completion by a doctor and is then valid indefinitely.
D. FORM N-470, APPLICATION TO PRESERVE CONTINUITY OF RESIDENCE FOR NATURALIZATION PURPOSES: You will need to file this if you are a permanent resident, and are living outside the U.S. There are some cases where this will not disturb the five year continuous residence period.
D. SUPPORTING DOCUMENTATION: You will need to submit the following documentation. Some may not be applicable to your case.
1. If you are the applicant, proof that you are married to a U.S. citizen;
2. If you are the applicant, proof that you are eligible based on a special
provision of the law and thus exempt from the five year continuous residence
period. (Affidavit from employer, proof of enlistment in U.S. military);
3. Any information regarding your trips abroad;
4. Any information regarding your addresses in America;
5. Any information regarding your employment;
6. Any information on your prior marriages and children, (child’s birth
certificate, copy of child’s alien registration receipt card, adoption decree,
divorce decree, copy of other parent’s naturalization application, copy of
other parent’s death certificate) ;
7. Written request for derivative status of naturalization benefits for
children
8. An explanation of your religious beliefs if they do not allow you to take
the oath of allegiance;
9. If you took your standardized citizenship test before August 30, 1998,
your test certificate and evidence that you took the test within one year of
filing your application;
10. If you are seeking a disability waiver, you will need to submit a) a
complete description of the doctor’s medical diagnosis, including the most
recent Diagnostic Statistical Manual (DSM) code; b) A doctor’s explanation of
how the disability or impairment prevents you from learning or showing your
knowledge of English and/or American history and government; c) A doctor’s
explanation as to whether you will be able to learn or demonstrate knowledge of
English and/or American history and government.
11. Other evidence regarding specific questions on the N-400 form.
E. PHOTOGRAPHS: You must submit two color photographs, 2 x 2 inches, showing your head in 3/4 frontal view. You must print your name and A# lightly on the back. This should be taken within 30 days of filing your application.
F. COPY OF YOUR GREEN CARD: You need to submit an uncertified copy of your green card. You should bring your original to your interview.
V. FEES
The filing fee for Form N-470 is $115. The filing fee for Form N-400 is $225.00.
VI. PROCEDURE
A. FILING FORM N-400: This application must be filed with the INS Service Center which has jurisdiction over your place of residence, with an exception. If you are in the military, you must send your application to the Nebraska Service Center. You may file your application within three months before the date that you will meet the continuous residence requirement. Be careful to calculate your dates correctly as if you file before you are eligible, you will not qualify.
B. FINGERPRINTS: After you have filed your application, the INS will send you an appointment to get your fingerprints taken. Appointments are set by when the INS receives your application. Your appointment could be within a few days or a few months. Fingerprints may only be done by a designated fingerprinting service (DFS), an approved local law enforcement agency (LEA), or a Application Support Center (ASC). The fingerprinting fee is $25.00. This must be submitted with your Naturalization Application. In some cases, disabled individuals may be exempted from fingerprinting.
C. DOCUMENT REQUEST LETTER: If additional documents are needed, you will be sent a letter before your interview which additional documents you should bring to your interview.
D. NATURALIZATION EXAMINATION: After your background check is complete, you will be sent a letter with the date of your interview. If for some reason you do not attend your interview, you will be deemed to have abandoned your application, unless you notify the INS within 30 days, why you did not attend your interview. You may make a request to re-open the case within one year from the date that the application was closed. If you pass your interview, the interviewer will approve your application. A determination must be made on your application within 120 days after your interview. If you have a problem with he English or history portion of the examination, you may try again within 90 days. You may also have a second interview after 60 days if additional documentation is needed.
E. CONDUCT OF EXAMINATION: The examiner will do 3 things during your interview:
1. Review your application in detail, verifying all your information for accuracy and thoroughness. If there are any problems, the officer will note these on your application.
2. You will be tested on your ability to use English.
3. You will be tested on your knowledge of U.S. government and history. The length and depth of your exam will depend on your interviewer and your situation. Some tests may be long and difficult, while others will be short.
4. If you are exempt from English requirement, you may use and interpreter selected either by yourself or the INS. If the INS disqualifies your interpreter, the INS must provide a new one.
F. APPEAL OF DENIAL: If your application is denied, you must file for an appeal within 30 days after you receive your notice of denial. You must use Form N-336 and it must be filed timely. You should also submit the legal authorities upon which you are relying in your appeal. The fee for an appeal is $170.00.
G. GRANT OF CITIZENSHIP: If you are granted citizenship after your interview, you will be sent a notice of the date of your ceremony. You may take your oath of allegiance either from the INS or an authorized judicial ceremony. You will receive your certificate of naturalization after the ceremony.
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