Q.           How do I become a U.S. citizen?
A.           Most people become U.S. citizens through one of the following ways:

• Born in the U.S. or its territories;
• Born outside the U.S. but to U.S. citizen parent(s);
• Naturalization.

Q.           What are the basic requirements to apply for naturalization?
A.           Generally, to be eligible for naturalization you must:

1. Be a permanent resident for a certain amount of time (usually 5 years but less for some individuals);
2. Be age 18 or older , unless one qualifies as “operation of law”, such as a child under 18 becomes U.S. citizen after his/her parent’s naturalization;
3. Be a person of good moral character;
4. Have a period of continuous residence and physical presence in the U.S.;
5. Have a basic knowledge of U.S. history and government, and;
6. Be able to read, write, and speak basic English. However, there are exceptions to this rule for someone who:

Q.           When can I apply for naturalization?
A.           To apply for naturalization, you need to be at least 18 years of age and have been a permanent resident of the U.S.:

• For at least 5 years; or
• For at least 3 years during which time you have been, and continue to be, married to and living in a marriage relationship with your citizen spouse; or
• While currently serving honorably in the U.S. military with at least 1 year of service, and you apply for citizenship while in the military, or within 6 months of discharge.
• Certain spouses of U.S. citizens and those who served in the U.S. military during a past war or are serving currently in combat may be able to file for naturalization sooner than noted above.

Q.           How do I calculate continuous residence?
A.           It depends on how long have you been away from the U.S. The five-year "continuous residence" requirement states that you have not left the U.S. for a long period of time during the five years prior to your application for naturalization. If you leave the U.S. for too long, it may interrupt your continuous residence:

• If you left the U.S. for six months or less, you will still maintain continuous residence;
• If you left the U.S. for more than six months but less than one year, you have broken your continuous residence unless you can prove otherwise. You need to provide additional documents;
• If you left the U.S. for one year or more, you almost certainly have broken your continuous residence. The time you spent before leaving the U.S. will not count toward meeting the five-year requirement. This is true even if you have a re-entry permit;
• If you left the U.S. for one year or more but returned within two years, the last 364 days (1 year minus 1 day) outside the U.S. actually count toward your time in continuous residence. However, as mentioned above, the time you spent before leaving the U.S. does not.

Q.           What if I have been abroad with my spouse under his military service or to further U.S. Interests abroad?
A.           The time spent abroad by the spouse and child of a member of the Armed Forces residing with their military U.S. citizen spouse or parent, or to further U.S. interests abroad is deemed to be time in the U.S. for residency and physical presence purposes. There will be no disruption for your continuous residence calculation.


Q.           How do I apply for Naturalization?
A.           To apply for naturalization, you need to prepare:

• 2 identical color photographs, with your name and Alien Registration number (A-number) written lightly in pencil on the back of each photo;
• A Photocopy of both sides of your Permanent Resident Card (formerly known as the Alien Registration Card or “Green Card”);
• Form N-400, Application for Naturalization;
• A check or money order for the application fee and the Biometrics Services fee for fingerprinting.

Q.           What if I have lost my Green Card?
A.           You should file Form I-90, Application to Replace Permanent Resident Card and submit a photocopy of the receipt of your Form I-90.  You can concurrently file for Naturlatization and provide a copy of the I-90 application.


Q.           What if I have been convicted in my home country before?
A.           The good moral character requirement for naturalization requires that the applicant must be a person of good moral character for 5 years (or for a spouse of a U.S. citizen, 3 years, or for person in the military, one year) prior to filing and up to the time of admission. Therefore, if the conviction happened outside the statutory period of 5 years you are still eligible for the good moral character requirement. Certain convictions such as murder or aggravated felony  are permanent bar to naturalization.


Q.           It has been over 120 days since my interview and I have not heard back from USCIS about my N-400 application. What should I do?
A.           If USCIS fails to make a decision on a naturalization application within 120 days after interview, the applicant may appeal to the U.S. District Court for relief.


Q.           What exactly is the 3-month State Residence Requirement?
A.           Each applicant must have resided for at least 3 months in the State where his/her application is filed to satisfy the 3-month State Residence Requirement. Also, the 3-month period must be immediately preceding the filing of the application, and the applicant must maintain residence within a state or district during the 3-month period.


Q.           When does my permanent residence begin?
A.           The date you became a permanent resident is printed on your green card (Permanent Resident Card, formerly known as an Alien Registration Card). Sometime USCIS makes an error in printing the correct date. If you believe there is an error, contact an experienced immigration attorney for assistance.


Q.           Do I become a U.S. citizen after my N-400 is approved by USCIS?
A.           No. If your N-400 is approved by the USCIS, you will become a citizen after you take the Oath of Allegiance to the U.S. in a formal naturalization ceremony. Most of the time you can take the Oath immediately after your interview, although depending on USCIS case load you might have a later date scheduled.


Q.           What if I cannot appear for the interview for naturalization?
A.           USCIS may deem a naturalization application abandoned when the individual fails to appear for the examination and fails to notify USCIS of the reason for not appearing in writing (with a request to reschedule) within 30 days of the scheduled exam. However, you can reopen an administratively closed application by submitting a written request to USCIS within one year from the date the application was closed. Normally, USCIS will forgive one incidence of failure to appear.


Q.           Can I reapply for naturalization if USCIS denies my application?
A.            It depends. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you can reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test.  If you do reapply, you will need to complete and resubmit a new N-400 application and pay the fee again. You will also need to have your fingerprints and photos taken again. You should also carefully consider your right to appeal a denial. This require consultation with an experienced immigration attorney


Q.           Can I have a new U.S. passport after my naturalization?
A.           Yes. A U.S. citizen is eligible for a U.S. passport and may apply for one directly to the Passport Office without submitting an application for certificate of citizenship. If a passport is granted, it is conclusive proof of U.S. citizenship.  

12/13/2010