Citizenship

 

Naturalization

A legal permanent resident may contemplate becoming a naturalized U.S. citizen after meeting all the requirements under the law. Because of the increasing government’s scrutiny over individuals’ previous immigration applications, the naturalization process has become surprisingly complex for some. Thus, the decision to apply for naturalization should not be taken lightly as on one hand, a grant of U.S. citizenship carries new obligations and responsibilities, and on the other hand, one can also lose legal permanent residency status orworse be removed from the United Sates if past circumstances warrant such action.  

To be eligible for naturalization, you must:

  • Be over 18 years of age 
  • Have been a permanent resident of the U.S. for the past 5 years or 3 if married to a U.S. citizen and residing with that spouse
  • Have resided in the District where you intend to apply for at least 3 months
  • Have continuously resided in the U.S. since becoming a legal permanent resident
  • Have been physically present in the U.S. for half the time during the past 5 years or 3 if married to a U.S. citizen and residing with that spouse
  • For males, have registered for Selective Service between the age of 18 and 26 if required at the time
  • Are not removable from the U.S.
  • Are not statutorily ineligible for U.S. citizenship through naturalization due to lack of good moral character

You can also apply for naturalization if you:

  • Have served in the U.S. Armed Forces during hostilities and have an honorable discharge
  • Have served or are now serving in the U.S. Armed Forces for at least 1 year and have an honorable discharge and you file during your service or within 6 months of separation
  • Are a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the U.S.
  • Are an employee or individual under contract to the U.S. government
  • Are an employee of an American Institution of research recognized by the Attorney General; of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the U.S.; of a public International Organization of which the U.S. is a member by law or treaty
  • Are the spouse of one individual listed above and you will be following your spouse abroad if so employed for one year after the spouse naturalizes

Under certain circumstances, the physical presence, continuous residence and good moral character requirements may be waived or are less stringent for these categories of individuals listed above.

Citizenship via Descent

This area of law is convoluted and requires the assistance of an attorney to determine whether you or another family member acquired U.S. citizenship via descent (via a U.S. citizen parent or even a grandparent).

The Child Citizenship Act has made it easier for children of a United States citizen parent or parents to derive citizenship.

For a child who resides in the United States to automatically become a United States citizen through a United States citizen parent, the child must:

  • Be under 18 years of age
  • A Legal Permanent Resident of the United States
  • Have at least one parent who is a United States citizen by birth or by naturalization
  • Reside in the U.S. in the legal and physical custody of the U.S. parent
  • Be an adopted child and satisfy the requirements applicable to adopted children under the INA
  • If born out-of-wedlock, be legitimated while under the age of 16 and while in the legal custody of the U.S. citizen parent

For a child who regularly resides outside of the United States to be eligible for citizenship, a child must:

  • Be under the age of 18 years
  • The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent (or, if the citizen parent is deceased, an individual who does not object to the application).
  • The child is temporarily present in the United States after having entered lawfully and is maintaining lawful status in the United States.
  • At least one parent is a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death.
  • The U.S. citizen parent or his or her U.S. citizen parent has (or at the time of death had) been physically present in the United States or its outlying possessions for at least 5 years, at least two of which were after attaining the age of 14.
  • An adopted child may be eligible for naturalization if the child satisfies the requirements applicable to adopted children under the INA.