NATURALIZATION:

Naturalization is the legal process by which a person who is not a native born citizen of the United States becomes a U.S. Citizen. It is a complex area of immigration and nationality law that has been the subject of frequent revision by the U.S. Congress. With few exceptions, naturalized citizens enjoy the same rights of citizenship as native born citizens of the United States. Principle among these rights is the right to vote in local, state and federal elections.

The laws, rules, and regulations governing Naturalization are complex. Generally, an applicant for naturalization must demonstrate that he or she meets the following:

1. Is at least 18 years of age at time of application.

2. Lawful admission for permanent residency. An applicant must prove that he or she has been lawfully admitted for permanent residence. In most cases, this is satisfied by presentation of the Resident Alien Card, commonly known as the "green card".

3. Allegiance to the Constitution and laws of the United States. An applicant must be willing to take an Oath of Allegiance to the United States. With the Oath, the applicant publicly affirms his or her commitment to the United States constitution.

4. Good moral character. An applicant has the burden of showing that he or she is and has been a person of good moral character. Generally, an applicant is assumed to have good moral character unless he or she has, for example, engaged in criminal behavior, given false testimony under oath to gain an immigration benefit, or willful failure to support a dependent. There are numerous other acts that may lead to a finding of a lack of good moral character.

5. Continuous residency in the United States. An applicant needs to show that he or she has continuously resided in the United States for 5 years after having been lawfully admitted for permanent residence. If the applicant has been and continues to be married to a U.S. citizen, the 5 years of continuous residence is reduced to 3 years. These five (or three) years must all be in the status of lawful permanent residence. Time spent outside the Untied States does not necessarily break the continuity of the applicant's residence unless it is of long duration. Generally, breaks of 6 months or more create a presumption that continuity has been broken. Most breaks of one year or more create an absolute presumption that continuity has been broken.

6. Physical Presence. An applicant must have been physically present in the United States for at least half of the time preceding the filing of the application; at least 30 months of the 5-year period, or 18 months of the 3 year period.

7. Knowledge of the government and history of the United States. Sample Civics Questions

8. Ability to communicate in English.

It is important to note that each of the above requirements has important exceptions and qualifications. For example, persons with disabilities may often qualify for exemption from the history and civics requirement. Also, certain long term lawful permanent residents may qualify for an exemption of the English requirement. In addition there are special rules for grandchildren of U.S. citizens, children of U.S. citizens, spouses of U.S. citizens, and lawful residents who have been or are currently in the Armed Forces.

Our firm offers a full range of services to help you with the naturalization process; we have experience with cases from the most basic to the most complex. If you believe that you are eligible for naturalization, and wish to pursue that option, please call and speak with one of our attorneys to arrange a consulation.