Applying For Citizenship — An Overview

What are the requirements for obtaining citizenship?

In almost all cases, you need to have a green card before you can become a U.S. citizen.   If you are a U.S. citizen living abroad, and you have a child who is born abroad who is not a U.S. citizen, that child can become a U.S. citizen without first obtaining a green card.

In most cases, you need to have your green card before you can apply for citizenship.   However, if you are the spouse of a U.S. m-ssionary serving overseas, you may be able to apply for citizenship while your green card application is still being processed.  This may also be available to people in the military and spouses of people who are serving overseas in the military or on behalf of the U.S. government.

In most cases, you need to be at least 18 years old in order to apply for citizenship for yourself.   Being 18 doesn’t seem to be a requirement if you have been serving in the military for one year (but it is unlikely that anyone would be able to start serving in the military young enough to serve a year and still get citizenship before turning 18).

In most cases you need to be residing in the U.S. and have your green card for five years.  If you are married to a U.S. citizen, you may be able to apply in three years.  If you are in the military or are married to a person who is in the military or is employed by the US government or is a m-ssionary, and who is serving overseas, you may be able to get your citizenship without any time of residence in the U.S.

In most cases, you need to be physically present in the U.S. at least half of your required residence period.  If you are absent from the US for more than six months straight, they may require you to start counting your three or five years again.    If you are absent from the US. For more than one year straight, you will need to start counting your three or five years again.

In most cases, if you have a required residence period, you also need to be resident in your local USCIS district for three months before you file.    If you move just before you are ready to file, you will need to wait three more months before you can file.

Almost everyone will need to pass the Citizenship Exam. They test you on your ability to read, write, speak and understand English.   And then they test you on your knowledge of US history, government and the Constitution.   These tests are not difficult.   The Civics test (history, etc) is not hard as long as you study.   They provide you with a list of all the questions that they will ask.   The English test is very simple, and they provide you with a list of the types of words that they will use.   However, you do need to be able to have a basic understanding of English, because the interview will be in English and you can’t bring an interpreter.

In all cases, you need to establish that you agree with the oath of citizenship — regarding allegiance to the US and Constitution, and regarding willingness to serve in the military (unless you have a r-ligious objection).  You also need to establish that you have Good Moral Character.   There are a number of specific items which, if they apply to you, will result in a finding of lack of Good Moral Character.   However, they will look at your whole history.    I have heard of Good Moral Character being denied to a person who had a lot of unpaid traffic tickets.

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

 

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