DISCLAIMER NOTICE - ILAP is providing this information as
a public service. We try to make it accurate as of the date on this
page. Immigration laws and regulations change frequently. We cannot
guarantee or promise that this information is always up-to-date
and correct.
This information is not legal advice. We do not intend this information
to be advertising or solicitation. By providing this general information,
we are not acting as your lawyer. Always consult a competent lawyer
or immigration advocate accredited by the Board of Immigration Appeals
before taking any legal action.
This page last updated on 7/1/2004.
HOW DO PEOPLE BECOME US CITIZENS? Generally, people become
citizens in two ways. Most US citizens become citizens at birth.
Everyone else must go through a process called "naturalization."
CITIZENSHIP at BIRTH: Any person born in the 50 United States,
Guam, Puerto Rico, and the U.S. Virgin Islands is a citizen at birth.
Also, persons born in other countries to two U.S. citizen parents
are U.S. citizens at birth. A person born abroad to one U.S. citizen
and one non-citizen parent may or may not be a U.S. citizen: this
is a very complicated area of the law. Anyone who meets this description
should speak with an experienced immigration advocate to find out
whether or not s/he is a U.S. citizen.
CITIZENSHIP THROUGH NATURALIZATION: The most common way a
noncitizen becomes a U.S. citizen is through the naturalization
process. Although there are exceptions to these general guidelines,
to be eligible to naturalize to become a U.S. citizen, a noncitizen
usually must:
- be over 18 years old;
- have had permanent resident status (the "green card") for
at least five years (if the noncitizen has been married to,
and is still married to and living with a US citizen, only three
years are required);
- have been physically present in the United States for at least
2 ½ years of the five years immediately preceding the filing
of the naturalization application. S/he must also have lived
in the state where s/he is filing the application for at least
3 months prior to filing the application;
- be functionally fluent in spoken and written English, and
be able to pass a test showing s/he understands the fundamentals
of US history and of the US system of government. (There are
limited exceptions to this for some people, based on disability,
or age and length of residency);
- have "good moral character;"
- be willing to take an oath of allegiance to the United States.
The oath includes being willing to bear arms on behalf of the
US if the law were to require it.
Some people can get their citizenship without meeting all of
the above requirements, such as certain children, or persons
who served with the US military in active duty status during
certain periods of war.
Also, some noncitizen children may become US citizens automatically
if one or both of their parents naturalize to become US citizens
before the children turn 18 years old.
Applications to naturalize are filed on INS form N-400 with
the U.S. Citizenship and Immigration Service (formerly INS).
Maine residents should expect the process to take about 6 months,
from date of filing the naturalization application to date of
being sworn-in as a new US citizen.
REASONS for CITIZENSHIP DENIALS: Immigration can deny
a person's application to naturalize to become a U.S. citizen
for many reasons. The most common are that:
- The person filed the naturalization application too soon.
- The person has been convicted of certain crimes in the United
States. Immigration finds out about any criminal problems by
submitting each applicant's (between the ages of 14 and 75)
fingerprints to the FBI. Denials based on criminal convictions
can happen no matter how old the conviction is, and even if
the person was given probation and the case was later dismissed.
If a person is denied citizenship for this reason, Immigration
may also try to deport (remove) him from the U.S. A PERSON WHO
HAS EVER BEEN ARRESTED SHOULD SPEAK WITH AN EXPERIENCED IMMIGRATION
ADVOCATE BEFORE FILING A CITIZENSHIP APPLICATION WITH
IMMIGRATION.
- The person does not have good moral character. Immigration may decide that a person lacks good moral character if he should have, but has not filed income tax returns; if he should have, but did not register for Selective Service; if he is an alcoholic; if he has had children out of wedlock or committed adultery; if he has failed to pay child support; if he has gotten any public benefits that he wasn't entitled to get; or if he is found to have lied in his answers to any of the questions on the naturalization application, among the more common reasons.
- The person should not have been approved for permanent residency
("green card") in the first place. A person who knows that Immigration
or the US Consulate was not told the complete truth before she
got her green card should SPEAK WITH AN EXPERIENCED IMMIGRATION
ADVOCATE BEFORE FILING A CITIZENSHIP APPLICATION WITH
IMMIGRATION. Also, A PERSON WHO GOT THE GREEN CARD THROUGH THE
"FARMWORKER AMNESTY" (Amnestía para Trabajadores Agrícolas)
SHOULD ALWAYS SPEAK WITH AN EXPERIENCED IMMIGRATION ADVOCATE
BEFORE FILING FOR CITIZENSHIP WITH IMMIGRATION.
- The person refuses to pledge her allegiance to the United States, including a willingness to bear arms for the U.S. if the law were to require it. (Exceptions to this are possible for certain individuals). Any person not willing to bear arms for any reason SHOULD SPEAK WITH AN EXPERIENCED IMMIGRATION ADVOCATE BEFORE APPLYING FOR CITIZENSHIP.
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