THE HOLT LAW GROUP

Naturalization

Naturalization is the process of becoming a U.S. citizen for a foreign born person. Individuals usually have to have been previously admitted as Lawful Permanent Residents for a requisite period of time.

There are 5 major reasons why individuals generally apply for naturalization.

1. Interested in the right to vote and to hold public office;
2. Employment in government jobs available only to U.S. citizens;
3. Preference to living outside the U.S. for extended time without losing rights to permanent residency;
4. Avoidance of deportation in the event of changes in laws, public policy changes or conviction of crimes;
5. Tax benefits that apply only for U.S. citizens and not to permanent residents.

In order to qualify for naturalization an individual must meet certain criteria. These include the following:

1. One must have resided in the U.S. for at least 5 years continuously as a permanent resident, or 3 years if an individual obtained his/her green card through marriage to a U.S. citizen and remains still married.
2. The individual must have resided in the United States for 30 months during the past 5 years. Residence must also be physical presence.
3. The applicant must be a person of good moral character during the statutory period of required residence (5 years or 3 years if married to a U.S. citizen).
4. The applicant must pass a U.S. government and history test.
5. The applicant must be able to speak, read, write and understand basic English.
6. The applicant must express allegiance to the United States government.

The CIS has been stringent on the good moral character requirement. What is considered in determining moral character are: a criminal record; failing to pay family support; problems with drugs, alcohol, gambling, or prostitution; failing to pay taxes; lying to gain immigration benefits; & failing to register with the selective service.

Processing times vary. Subsequent to the application an interview is scheduled. With interview passage and meeting of the conditions, an oath taking is attended and the individual becomes a U.S. citizen.