The Path To Us Citizenship: Understanding Legal Requirements

Naturalization is the process of voluntarily becoming a US citizen. To be eligible for US citizenship, you must meet certain requirements, including being at least 18 years old, having continuous residence in the US for a certain number of years, and demonstrating good moral character. You must also be proficient in basic spoken and written English and have knowledge of US history and government. Additionally, you must be willing to take an oath of allegiance and defend the US Constitution. The process of becoming a US citizen typically involves filing an application, attending a biometrics appointment and interview, and participating in a citizenship ceremony where you take the Oath of Allegiance.

Continuous and physical presence in the US

To become a US citizen, you must have been physically present in the US for a certain period of time. The exact length of time depends on your circumstances.

If you are a green card holder with no special circumstances, you must have physically lived in the US for at least 30 months (2.5 years) out of the five years prior to your application. If you have served in the US military, you may be exempt from this requirement.

If you are married to a US citizen and have lived with your spouse for at least three years, you must have physically lived in the US for at least 18 months (1.5 years) out of those three years.

If you are the widow or widower of a US citizen who died while serving in the US military, there is no minimum physical presence requirement.

If you have served in the US military for at least one year during peacetime, you can apply while in active duty or within six months of separating from the military. There is no minimum physical presence requirement in this case.

If you have served in the US military for less than a year during peacetime, you must have physically lived in the US for at least 30 months (2.5 years) out of the five years prior to your application.

If you have served in the US military for at least a year during peacetime and are applying more than six months after separating from the military, you must have physically lived in the US for at least 30 months (2.5 years) out of the five years prior to your application.

If you have served in the US military during wartime, there is no minimum physical presence requirement. You only need to have been physically present in the US (including US territories) or aboard a US vessel when you enlisted, re-enlisted, extended your service, or were inducted into the military.

Absences from the US of more than six months will reset the timeframe for the physical presence requirement.

In addition to the physical presence requirement, you must also have established a residence in the state where you plan to apply for citizenship for at least three months before your application.

Good moral character

To become a US citizen, you must go through a process called naturalization. This process has many requirements, including demonstrating good moral character (GMC).

GMC is a broad term, defined as character that measures up to the standards of average citizens in your community. However, this can include not having certain types of crimes on your record, such as murder, illegal gambling, or lying to the US government to gain immigration benefits.

USCIS officers will determine whether an applicant meets the GMC requirement on a case-by-case basis. They will look at the applicant's conduct during the statutory period, which is generally five years for permanent residents of the United States, three years for applicants married to a US citizen, and one year for certain applicants applying on the basis of qualifying US military service.

Conduct prior to the statutory period may also impact whether the applicant meets the GMC requirement. For example, unlawful acts recognized by case law as barring GMC include conspiracy to distribute a controlled substance, failure to file or pay taxes, false claim to US citizenship, falsification of records, obstruction of justice, Social Security fraud, unlawful harassment, unlawful registration to vote, unlawful voting, and violation of a US embargo.

In addition to demonstrating GMC, other requirements for naturalization include:

• Being at least 18 years old
• Not having taken any trips of six months or longer outside of the United States during the three- or five-year wait period
• Having been a resident of the state where you plan to apply for citizenship for at least three months
• Passing a two-part naturalization test: an English language test and a civics test
• Being willing to serve in the US military or perform civilian service if called upon
• Registering with the Selective Service System if male and having lived in the United States between the ages of 18 and 25
• Being willing to defend the US Constitution

English proficiency and civics knowledge

To become a US citizen, one must either be born in the US or go through the process of naturalization. Naturalization is the process by which a non-citizen can become a citizen after meeting specific legal requirements, such as residency, language proficiency, and passing a citizenship test.

The ability to speak, read, and write in English is a key requirement for US citizenship. Applicants must demonstrate a basic ability in these areas and will be tested on their English language skills.

The citizenship test also includes a civics component, which covers knowledge of US history and government. Applicants must demonstrate an understanding of the principles of American democracy and the structure of the US government. The civics test consists of 100 questions, and applicants must answer six questions correctly to pass.

The English language and civics tests are waived for applicants who are over the age of 50 and have lived in the US as a green card holder for at least 20 years, or for applicants over the age of 55 who have lived in the US as a green card holder for at least 15 years. Applicants aged 65 and older who have lived in the US as a green card holder for at least 20 years will be given a shorter list of questions to study and will only need to answer six out of 20 questions correctly to pass.

Additionally, applicants with physical or mental disabilities may be exempt from the English and civics tests. They can apply for an exemption by submitting Form N-648, which must be completed by a medical doctor.

Military and civil service registration

Military service is a route to US citizenship through naturalization. Naturalization is the process of voluntarily becoming a US citizen.

Military Service Requirements

To be eligible for citizenship through military service, you must meet the following requirements:

• You must be a current or former member of the US armed forces.
• You must have served honorably for at least one year at any time or during a designated period of hostility.
• You must be 18 years old or older.
• You must be a lawful permanent resident at the time of your naturalization interview.
• You must meet certain residence and physical presence requirements.
• You must demonstrate the ability to read, write and speak English, unless qualified for a waiver or exception.
• You must demonstrate knowledge of US history and government, unless excepted.
• You must demonstrate good moral character for at least five years before filing your application through the day you naturalize.
• You must demonstrate an attachment to the principles of the US Constitution and be well-disposed to the good order and happiness of the United States during all relevant periods under the law, unless waived.

Civil Service Registration

All male US citizens and immigrants between the ages of 18 and 25 are required by law to register with the Selective Service System within 30 days of arriving in the US. This includes naturalized citizens, parolees, undocumented immigrants, legal permanent residents, asylum seekers, refugees, and all males with visas more than 30 days expired. Non-immigrant men living in the US on a valid visa are not required to register as long as they remain on a valid visa until they turn 26. Once a man turns 26, he is no longer able to register.

Allegiance to the US

The Oath of Allegiance is the final step in the naturalization process. It is a crucial step, and without it, an applicant does not become a U.S. citizen. The Oath of Allegiance ceremony is usually held at a local courthouse or USCIS office, and the applicant will be asked to return their green card when they check in. Once the ceremony is over, they will receive a Certificate of Naturalization and officially begin their life as a U.S. citizen.

The Oath of Allegiance is a pledge of loyalty to the United States and its laws. It is a promise to renounce any previous allegiance to another country and to defend the Constitution and laws of the United States. The exact wording of the Oath of Allegiance is as follows:

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."

The Oath of Allegiance is a serious commitment and should not be taken lightly. It is a promise to uphold the values and principles of the United States and to defend the nation against all threats. By taking the Oath, new citizens are affirming their loyalty and dedication to their adopted country.

It is worth noting that the phrase "so help me God" is optional and can be omitted for those who do not wish to include it for religious or personal reasons. Additionally, the Oath of Allegiance does not require new citizens to bear arms or perform noncombatant service if it conflicts with their religious beliefs or if they are conscientious objectors. In such cases, they can modify the Oath accordingly.

The Oath of Allegiance is a solemn and meaningful moment for many new citizens. It symbolizes their official acceptance into the United States and their commitment to uphold the values and principles of their new country.

Frequently asked questions