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Immigration  
 


Citizenship

The requirements for U.S. citizenship include:

  • Must be lawfully admitted for permanent residence (certain U.S. military personnel have historically been exempt from this requirement)


  • Must be at least 18 years of age.


  • Must have resided continuously in the U.S., as a permanent resident, for the past five years.


  • "Reside continuously" means that in the five years proceeding filing of the application, the applicant must have been actually in the U.S. for at least half of the time (30 months). In addition, any single departure from the U.S. of more than six months will usually interrupt the physical presence requirement. The spouses of US citizens may apply after three years of permanent residence. Religious missionaries and military personnel are exempt from the usual residence requirements. Applications may be filed three months before the five or three year period is due to conclude.

  • Must be of good moral character.


  • Some of the important issues which USCIS considers in assessing whether applicants have good moral character include: payment of taxes and child support, registration for the selective service (if male), criminal convictions and illegal activity. Increasingly USCIS does not approve applicants who have had any convictions during the five (or three) year statutory period, and they do not approve applicants on probation, parole or serving a suspended sentence until the "sentence" is completed. Although usually one must demonstrate good moral character during the five (or three) years proceeding the application, applicants who have committed certain crimes will be found ineligible and could be deported regardless of when the conviction took place.

  • Must be supportive of the Constitution, willing to take an oath of allegiance and to bear arms or serve in the military in a non-combatant role if required. (Mentally and physically disabled applicants are exempt from the oath requirement, and those with deeply held religious beliefs which limit their willingness to bear arms may be allowed to take a modified oath.)


  • Must have a basic knowledge of US history and civics and basic ability to read, write and speak English. (Mentally and physically disabled applicants may be able to obtain a waiver of this requirement. Permanent residents over the age of 50 who have been permanent resident for more than 20 years and those over 60 with over 15 years as a permanent resident may take the citizenship exam in their native language.)


  • Automatic citizenship

    In some cases, children automatically acquire U.S. citizenship based upon the citizenship or naturalization of one of their parents. Such individuals may be able to apply directly for a U.S. passport or certificate of naturalization. The rules and procedures governing automatic citizenship are complex, and individual cases must be carefully analyzed.

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