What is the Process of Naturalization in the United States?

People come to the United States from all over the world for a variety of reasons. In order to enter the country legally, foreign individuals are required to obtain a certain status. Many people come with the intention of staying and becoming legal citizens. As a citizen, people have access to certain privileges that non-citizens do not. This can include the right to vote, running for government office positions, and more. To become a citizen, one must go through the process of naturalization. While this can be very long and complex, it is extremely rewarding. The process of naturalization consists of several requirements that must be met before it is completed.

Who Is Eligible for U.S. Naturalization?

Those born outside of the United States must meet certain requirements to be considered for citizenship. Generally, the first step is to gain lawful permanent resident status (hold a green card). Without this status, you will be unable to apply for naturalization. 

Basic Eligibility Requirements

The applicant must be 18 years or older and satisfy one of the following:

• Permanent resident for at least five years (three years if married to a U.S. citizen)
• Certain military paths may reduce the residency requirement 

Continuous Residence and Absence Limits

When an applicant meets these requirements, they can continue with the process of naturalization. All applications require proof of residency within the country:

• They are not able to have an absence from the United States for more than one year
• If there is an absence of six months or more on an application, it may be delayed or disrupted
• If they do leave the country, the applicant may be required to prove with evidence that they did not abandon their residence

What Is Form N-400 and Why Does It Matter?

If you want to become a citizen of the United States, you’ll need to file Form N-400, which is the form application for citizenship. You will submit this form to the United States Citizenship and Immigration Services. This formally begins the process of applying for citizenship. 

What USCIS Reviews During the Naturalization Process

When you apply for citizenship, USCIS will examine several areas of your life to ensure you meet the legal requirements to become a citizen of the United States. This includes maintaining residency, an understanding of American history and principles, and being of good moral character.

Physical Presence Requirements and Residence in the District

USCIS requires those filing to spend at least 30 months of the past five years physically within the United States. Additionally, you are required to live in the state or USCIS district where you file Form N-400 for at least three months. 

Demonstrating Character

An applicant’s character is taken into consideration when assessing whether or not they should be approved for citizenship. They must have “good moral character” and be an upstanding member of society. This requires that they are not involved in any trouble while they are a resident of the United States. If the applicant has a criminal record, they may not be approved for citizenship, as USCIS wants to ensure applicants respect the law and uphold standards. This can include crimes such as assault, murder, rape, robbery, drug crimes, and more.

English and Civics Requirements

Part of the naturalization process is testing an applicant’s knowledge of United States history. These tests cover the government and the English language. There are exceptions to taking the test for certain applicants. Those over the age of 50 who have lived in the country for over 20 years are not required to take the language test. However, they must still pass a civics test.

The Naturalization Interview and Decision

After reviewing your application, you will be required to participate in an interview with a USCIS officer. At this meeting, the officer will review your Form N-400 to verify your history, records, and compliance. Questions will be asked in English to confirm your understanding of the language and speaking ability. 

The officer will also administer the civics test, which includes questions about United States history, government, and the Constitutional principles. Generally, the test is 10 questions, and applicants must answer 6 correctly to pass. 

After the interview, USCIS may approve, request additional evidence, reschedule, or deny your application.

The Oath Ceremony

Once an applicant is approved for citizenship, they are required to pledge their loyalty to the United States. This is done with a ceremony in which they will take an oath of allegiance. The applicant’s family and friends are encouraged to attend and watch their achievement. After the ceremony is over, the individual is officially a United States citizen.

Work With Our New York City Immigration Firm Today

At the Law Offices of Cheryl R. David, we understand how complex the immigration process can be to navigate. That is our team is dedicated to helping you through these times to seek the best possible outcome for your circumstances. If you are ready to begin the naturalization process in New York City, contact our dedicated legal team today to learn how we can represent you.