The Naturalization Process

Naturalization is the process whereby an immigrant can officially become a United States citizen. It is required if you are not a U.S. citizen by birth or if you have not yet acquired citizenship.

Benefits and Privileges of Naturalization

Once an immigrant becomes a naturalized citizen, they can enjoy the basic rights awarded to any citizen of the United States, such as:

The right to register
The right to vote
The right to hold and use a U.S. passport
The right to serve on a jury

Requirements for Naturalization

In order to become a naturalized citizen, the applicant for naturalization must fulfill the following requirements:

Continued residence and/or physical presence in the United States for periods specified by the immigration board
- Note: immigration authorities have various and complex requirements for determining residence and physical presence. Check with a lawyer for more specifics
Demonstrate a basic ability to speak, read, and write in the English language. This includes conversational phrases and terms employed in common usage
A disposition to follow and uphold the ideals and aims of the U.S. Constitution
Good moral character and ethical background; an extensive criminal record might disqualify an applicant
Understanding of "civics", which means knowing the functions of the U.S. government and knowledge of U.S. history.
- The applicant will have to pass a brief civics test. Flash cards for studying for the civics test are available at the USCIS website
- There are some people who may be exempt from taking the civics test. These are usually immigrants above a certain age (55 or 65 years old) who have been living in the U.S. for extended periods of time (such as 20 years or longer)

Brief Outline of the Process of Naturalization

Depending on the category of naturalization, the process can take about half a year, although it can take much longer in some instances. Generally an applicant will be required to provide identification documents as well as be subject to interviews and an examination.

The applicant can apply with the United States Citizenship and Immigration Services (the USCIS, alternatively known as BSCIS). In most cases they will be filing using Form N-400, "Application for Naturalization".

Briefly, the process involves:

Filing an application for naturalization with USCIS (Form N-400)
Submitting current photographs
Taking and submitting fingerprints
Undergoing an interview process with the board- after the interview the applicant will know whether their case has been approved or denied
Taking an "Oath of Allegiance" (the final step)

Be sure to be thorough in providing any of the above information; any delays or mistakes can slow down the process or possibly result in your case being dismissed. If further information is required, be sure to provide it without delay.

Honesty in the Application

Laws governing immigration and naturalization are by their nature very strict. Be sure to be completely honest and accurate to your best knowledge in providing information. If you provide false information, or conceal details of your background, your application may be denied by the USCIS, and you may be subject to further consequences.

More on "Good Moral Character"

As mentioned above, an applicant must demonstrate "good moral character". USCIS agents are given authority to examine your background. If you have a criminal record, authorities may examine your record for a period dating back to 5 years prior to your application. You are required to disclose any information on your criminal record, even if your record has been expunged (cleared).

An application may be denied if a person has a criminal background with multiple felonies or crimes on their record. They may also be denied from the naturalization process if there are any crimes involving moral turpitude.

A crime involving moral turpitude is a crime that goes against traditional societal values and norms, or involves dishonesty. Examples of such crimes are murders, rapes, kidnappings, and other crimes such as perjury or lying on a tax return.

Upholding the Constitution- Demonstrating Loyalty to the U.S.

The applicant must be able to demonstrate that they will be loyal to the United States once they become a citizen. An application may be denied if, during the last 3-5 years, the person:

Has been a member of a terrorist group or a totalitarian or authoritarian political regime
Has been implicated in the harassment or persecution of a person(s) based on their religion, political affiliation, race, or nationality
Has engaged in sabotage or espionage (spying)
As a lawful permanent resident, avoided U.S. military service after being called upon for action

Taking the Oath of Allegiance

Once a person's case is approved and they become a naturalized citizen, they are obligated to uphold certain duties and responsibilities as a U.S. citizen. These duties are pledged in the Oath of Allegiance, which is the last step to becoming a citizen. In the Oath of Allegiance, the new citizens are required to:

Renounce (give up) their allegiance to their country of origin and other countries
Pledge their allegiance to the United States
Swear to uphold and defend the U.S. Constitution, as well as U.S. laws
If called upon, serve the U.S. as required. This may involve combat in the armed forces, non-combat duties in the military, or work as a civilian under the U.S. government.

The USCIS may allow a naturalized citizen to take a modified version of the oath. The applicant must offer sufficient proof that their religious background or beliefs prevent them from taking an oath. The modified version of the oath allows the person to be excused from military service, especially those involving bearing arms.

Finally, the USCIS may also completely waive the requirement to take the Oath if the applicant has a mental or physical impairment such that they cannot understand the consequences of the oath.

Naturalization and Persons involved in U.S. Military Service

Non-citizens who are actively serving in the United States military can apply for citizenship. They must still satisfy naturalization requirements. Furthermore, they may be able to qualify for certain exemptions from certain areas in the naturalization requirements. For example, qualified non-citizens who serve in the military may be able to waive the filing fee, and they may also be exempt from the continued residence and physical presence requirements.

What to do if Your Application for Naturalization is Denied

A person who has had their application for naturalization denied has a few options left to them.

First, they can consider filing with the USCIS for an appeal through administrative review. They can file using Form N-336, "Request for a Hearing on a Decision in Naturalization Proceedings". This also involves wait periods as well as another filing fee.

Lastly, the applicant can choose to re-apply in the event of an application denial. This involves re-submitting all the necessary information and required documents. Also, the applicant must once again pay the original filing fee.

A list of filing fees and deadlines can be viewed at the USCIS website.

Points to Consider

If you are applying to become a naturalized citizen, you may want to contact an attorney if you have not already done so. They can help you prepare all the necessary documents and information, and can keep you updated regarding changes in immigration laws, deadlines and filing fees. Here are some points to consider regarding the naturalization process:

Be completely honest, truthful, and accurate in providing any information requested. False or concealed information can lead to a rejected application
Consult with a lawyer if you need help calculating your continued residence and physical presence
Flash cards for studying for the civics portion can be found at the USCIS website
Let the authorities know if you have special physical, mental, or religious needs, and if you have been involved in military service
If your application is denied, do not be discouraged. See if you qualify for an administrative hearing or consider re-applying