Introduction
Legal
Permanent residents have
most of the rights of
U.S. citizens. But there
are many important
reasons to consider
becoming a U.S. citizen.
These include:
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Showing your
patriotism.
Becoming a citizen
is a way to
demonstrate your
commitment to your
new country.
•
Voting.
Only citizens can
vote in federal
elections.
•
Serving on a jury.
Only U.S. citizens
can serve on a jury.
Serving on a jury is
an important
responsibility for
U.S. citizens.
•
Traveling with a
U.S. passport.
A U.S. passport
enables you to get
assistance from the
U.S. government when
overseas, if
necessary.
•
Bringing family
members to the U.S.
U.S. citizens
generally get
priority when
petitioning to bring
family members
permanently to this
country. |
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• Obtaining
citizenship for children
born abroad. In
most cases, a child born
abroad to a U.S. citizen is
automatically a U.S.
citizen.
• Becoming eligible
for federal jobs.
Certain jobs with government
agencies require U.S.
citizenship.
• Becoming an
elected official.
Many elected offices in this
country require U.S.
citizenship.
• Meeting tax
requirements. Tax
requirements may be
different for U.S. citizens
and permanent residents.
• Keeping your
residency. A U.S.
citizen’s right to remain in
the United States cannot be
taken away.
• Becoming eligible
for federal grants and
scholarships. Many
financial aid grants,
including college
scholarships and funds given
by the government for
specific purposes, are
available only to U.S.
citizens.
• Obtaining
government benefits.
Some government benefits are
available only to U.S.
citizens.
Naturalization: Becoming a
U.S. Citizen
The process of becoming a
U.S. citizen is called
“naturalization.” You can
apply for naturalization
once you meet the following
requirements:
Live in the U.S. for at
least 5 years as a permanent
resident (or 3 years if
married to and living with a
U.S. citizen).
Be present in the U.S. for
at least 30 months out of
the past 5 years (or 18
months out of the past 3
years if married to and
living with a U.S. citizen).
Live within a state or
district for at least 3
months before you apply.
You may have to follow
different rules if:
• You, or your deceased
parent, spouse, or child,
have served in the U.S.
Armed Forces.
• You are a U.S. national.
• You obtained permanent
residence through the 1986
amnesty law.
• You are a refugee or
asylee.
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GETTING
NATURALIZATION
INFORMATION
People 18 years or
older who want to
become citizens
should get Form
M-476,
A Guide to
Naturalization. This
guide has important
information on the
requirements for
naturalization. It
also describes the
forms you will need
to begin the
naturalization
process.
To see if you are
eligible to apply
for naturalization,
see Form M-480,
Naturalization
Eligibility
Worksheet at the end
of
A Guide to
Naturalization.
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• You have a U.S. citizen
spouse who is regularly
stationed abroad.
• You lost U.S. citizenship
under prior law because of
marriage to a non-citizen.
• You are an employee of
certain types of companies
or nonprofit organizations.
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MAINTAINING
CONTINUOUS RESIDENCE
(CR) AS A PERMANENT
RESIDENT |
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If you leave the
U.S. for: |
Your CR status is: |
To keep your status
you must: |
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More than 6 months |
Possibly broken |
Prove that you
continued to live,
work, and/or have
ties to
the U.S. (e.g. paid
taxes)
while you were away. |
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More than 1 year |
Broken |
In most cases, you
must begin your
continuous residence
over. Apply for a
re-entry permit
before you leave if
you plan to return
to the U.S. as a
permanent resident. |
Requirements for
Naturalization
The general requirements for
naturalization are:
1. Live in the U.S. as a
permanent resident for a
specific amount of time
(Continuous Residence).
2. Be present in the U.S.
for specific time periods
(Physical Presence).
3. Spend specific amounts of
time in your state or
district (Time in District
or State).
4. Behave in a legal and
acceptable manner (Good
Moral Character).
5. Know English and
information about U.S.
history and government
(English and Civics).
6. Understand and accept the
principles of the U.S.
Constitution (Attachment to
the Constitution).
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PRESERVING YOUR
RESIDENCE FOR
NATURALIZATION
PURPOSES:
EXEMPTIONS FOR
1-YEAR ABSENCES
If you work for the
U.S. government, a
recognized U.S.
research
institution, or
certain U.S.
corporations, or if
you are a member of
the clergy serving
abroad, you may be
able to preserve
your continuous
residence if you:
1. Have been
physically present
and living in the
U.S. without leaving
for at least one
year after becoming
a permanent
resident.
2. Submit Form
N-470, Application
to Preserve
Residence for
Naturalization
Purposes, before you
have been outside
the U.S. for one
year. There is a fee
to file Form N-470. |
TIP:
A re-entry permit (Form
I-131) and the Application
to Preserve Residence for
Naturalization Purposes
(Form N-470) are not the
same. A re-entry permit lets
you re-enter the U.S. as a
permanent resident if you
have been outside of the
U.S. for more than 12
months. Form N-470 lets
certain people maintain
their continuous residence
for naturalization purposes
if they will be outside the
U.S. for more than 12
months.
1. Continuous
Residence
“Continuous residence” means
that you must live in the
U.S. as a permanent resident
for a certain period of
time. Most people must be
permanent residents in
continuous residence for 5
years (or 3 years if married
to a U.S. citizen) before
they can begin the
naturalization process. For
refugees, this means 5 years
from the date you arrived in
the U.S., which is usually
the date you obtained
permanent resident status.
For those granted asylum
status in the U.S., this
period begins one year
before you got permanent
resident status. The date on
your Permanent Resident Card
is the date your 5 years
begins. If you leave the
United States for a long
period of time, usually 6
months or more, you may
“break” your continuous
residence.
If you leave the United
States for 1 year or longer,
you may be able to return if
you have a re-entry permit.
You should apply for this
re-entry permit before you
depart the United States. In
most cases, none of the time
you were in the United
States before you left the
country will count toward
your time in continuous
residence. This means that
you will need to begin your
continuous residence again
after you return to the
United States, and you may
have to wait up to 4 years
and 1 day before you can
apply for naturalization.
Be aware that absences from
the United States while your
naturalization application
is pending could cause
problems with your
eligibility, especially if
you accept employment
abroad.
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EXEMPTIONS FOR
MILITARY PERSONNEL
If you are on
active-duty status
or were recently
discharged from the
U.S. Armed Forces,
the continuous
residence and
physical presence
requirements may not
apply to you. You
can find more
information in the
M-599 Naturalization
Information for
Military Personnel
brochure. Every
military base should
have a
point-of-contact to
handle your
naturalization
application and
certify a Form
N-426, Request for
Certification of
Military or Naval
Service. You must
submit Form N-426
with your
application forms.
To get the forms you
need, call the USCIS
Forms Line at:
1-800-870-3676 and
ask for the Military
Packet. You can find
the M-599 and Form
N-426 at
http://www.uscis.gov/graphics/services/natz/militarybrochurev7.htm. |
2. Physical Presence in the
United States
“Physical presence” means
that you actually have been
present in the United
States. If you are a
permanent resident at least
18 years old, you must be
physically present in the
United States for at least
30 months during the last 5
years (or 18 months during
the last 3 years, if married
to a U.S. citizen) before
you apply for
naturalization.
3. Time as a
Resident in District or
State
Most people must live in the
district or state where they
apply for naturalization for
at least 3
months. Students can apply
for naturalization either
where they go to school or
where their family lives (if
they depend on their parents
for support).
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“PHYSICAL PRESENCE”
Q: What is the
difference between
“physical presence”
and “continuous
residence”?
A: “Physical
presence” is the
total days you were
inside the United
States and does not
include the time you
spend outside the
U.S. Each day you
spend outside the
U.S. takes away from
your "physical
presence" total. If
you are away from
the U.S. for long
periods of time or
if you take many
short trips outside
the U.S., you may
not meet your
“physical presence”
requirement. To
count your “physical
presence” time, you
should add together
all the time you
have been in the
United States. Then
subtract all trips
you have taken
outside the United
States. This
includes short trips
to Canada and
Mexico. For example,
if you go to Mexico
for a weekend, you
must include the
trip when counting
how many days you
spent out of the
country.
“Continuous
residence” is the
total time you have
resided as a
permanent resident
in the United States
before applying for
naturalization. If
you spend too much
time outside the
United States during
a single trip, you
may break your
“continuous
residence.” |
4. Good Moral Character
To be eligible for
naturalization, you must be
a person of good moral
character. A person is not
considered to be of “good
moral character” if they
commit certain crimes during
the 5 years before they
apply for naturalization or
if they lie during their
naturalization interview.
If you commit some specific
crimes, you can never become
a U.S. citizen and will
probably be removed from the
country. These crimes are
called “bars” to
naturalization. Crimes
called “aggravated felonies”
(if committed on or after
November 29, 1990),
including: murder, rape,
sexual abuse of a child,
violent assault, treason,
and trafficking in drugs,
firearms, or people are some
examples of permanent bars
to naturalization. In most
cases, immigrants who were
exempted or discharged from
serving in the U.S. Armed
Forces because they were
immigrants and immigrants
who deserted from the U.S.
Armed Forces are also
permanently barred from U.S.
citizenship.
BEHAVIORS THAT MIGHT
SHOW A LACK OF GOOD
MORAL CHARACTER
• Drunk driving or
being drunk most of
the time.
• Illegal gambling.
• Prostitution.
• Lying to gain
immigration
benefits.
• Failing to pay
court-ordered child
support.
• Committing
terrorist acts.
• Persecuting
someone because of
race, religion,
national origin,
political opinion,
or social group. |
You also may be denied
citizenship if you behave in
other ways that show you
lack good moral character.
Other crimes are temporary
bars to naturalization.
Temporary bars usually
prevent you from becoming a
citizen for up to 5 years
after you commit the crime.
These include:
• Any crime against a person
with intent to harm.
• Any crime against property
or the government involving
fraud.
• 2 or more crimes with
combined sentences of 5
years or more.
• Violating controlled
substance laws (e.g., using
or selling illegal drugs).
• Spending 180 days or more
during the past 5 years in
jail or prison.
Report any crimes that you
committed when you apply for
naturalization. This
includes crimes removed from
your record or committed
before your 18th birthday.
If you do not tell USCIS
about them, you may be
denied citizenship and you
could be prosecuted.
5. English and Civics
In general, you must show
that you can read, write,
and speak basic English. You
also must have a basic
knowledge of U.S. history
and government (also known
as “civics”). You will be
required to pass a test of
English and a test of civics
to prove your knowledge.
Many schools and community
organizations help people
prepare for their
citizenship tests. You can
find examples of test
questions in A Guide to
Naturalization. You can
get materials to help you
study for these tests and
practice tests on the USCIS
website at
http://uscis.gov/graphics/services/natz/require.htm.
6. Attachment to the
Constitution
You must be willing to
support and defend the
United States and its
Constitution. You declare
your “attachment” or loyalty
to the United States and the
Constitution when you take
the Oath of Allegiance. You
become a U.S. citizen when
you take the Oath of
Allegiance.
People who show they have a
physical or developmental
disability that makes them
unable to understand the
meaning of the oath do not
have to take the Oath of
Allegiance.
If you have a pending
naturalization application
and you move, you must
notify USCIS of your new
address. You can call
1-800-375-5283 to report
your new address. You must
also file Form AR-11 with
DHS (see "Give Your New
Address to DHS" in the
Your Rights and
Responsibilities as a
Permanent Resident
section for instructions).
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EXEMPTIONS TO THE
ENGLISH AND CIVICS
REQUIREMENTS |
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Some people who
apply for
naturalization have
different test
requirements because
of their age and the
length of time they
have lived in the
U.S. |
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If you are |
Lived as permanent
resident in the
U.S. for |
You do not take the |
You must take the |
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Over age 50 |
20 years |
English test |
civics test in your
language |
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Over age 55 |
15 years |
English test |
civics test in your
language |
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Over age 65 |
20 years |
English test |
simplified civics
test in your
language |
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If you do not have
to take the English
test, you must bring
your own translator
for the civics test.
If you have a
physical or mental
disability, you may
not have to take
either test. |
Naturalization Ceremonies
If USCIS approves your
application for
naturalization, you must
attend a ceremony and take
the Oath of Allegiance.
USCIS will send you a Form
N-445, Notice of
Naturalization Oath
Ceremony, to tell you the
time and date of your
ceremony. You must complete
this form and bring it to
your ceremony.
If you cannot go to your
ceremony, you can reschedule
your ceremony. To
reschedule, you must return
Form N-445 to your local
USCIS office along with a
letter explaining why you
cannot attend the ceremony.
You will return your
Permanent Resident Card to
USCIS when you check in at
the Oath ceremony. You will
no longer need your card
because you will get a
Certificate of
Naturalization at the
ceremony.
You are not a citizen until
you have taken the Oath of
Allegiance. An official will
read each part of the Oath
slowly and ask you to repeat
the words. After you take
the Oath, you will receive
your Certificate of
Naturalization. This
certificate proves that you
are a U.S. citizen.
The Oath of Allegiance
ceremony is a public event.
Many communities hold
special ceremonies on
Independence Day, July 4th,
of each year. Check to see
if your community holds a
special July 4th citizenship
ceremony and how you can
participate. Many people
bring their families and
celebrate after the
ceremony.
