Citizenship

U.S. citizenship has many benefits. U.S. citizens have the right to vote, the right to hold public office, and eligibility for certain jobs (for example, with the federal government). Additionally, U.S. citizens may not be deported for crimes, as are permanent residents. The United States allows dual citizenship, so you may be able to retain the citizenship of your home country, as long as your home country allows dual citizenship also.

You must be a lawful permanent resident for five years in order to apply for citizenship. In the case of spouses of U.S. citizens, you must have been a permanent resident for three years to apply for citizenship. In order to qualify for U.S. citizenship, you must show that you have five years of continuous residence in the U.S. (in the case of U.S. citizen spouses, it is three years) as well as good moral character. Certain criminal convictions may bar one from establishing good moral character. People with criminal convictions who apply for naturalization may even be placed in removal (deportation) proceedings. Additionally, those who have failed to file U.S. federal income tax returns or have failed to register for the Selective Service may be denied naturalization. If you have a criminal history, have failed to file income tax returns or failed to register for the Selective Service, you should consult an attorney before applying for citizenship.

Moreover, applicants for naturalization must pass an English literacy and U.S. history and government test. Three groups of people are exempt from the English language requirement: 1) those who are developmentally disabled or mentally impaired; 2) those who are over 50 years old and have been permanent residents for more than 20 years; and 3) those who are over 55 years old and have been permanent residents for more than 15 years. The INS may give an easier history and government test to applicants who are over 65 and have been permanent residents for more than 20 years.

The Child Citizenship Act of 2000 (CCA) allows certain foreign-born children who are residing in the U.S. as permanent residents to acquire citizenship automatically, without applying to USCIS. A child born outside the U.S. of two alien parents will automatically acquire U.S. citizenship if he or she is living in the U.S. as a permanent resident and the parents become naturalized U.S. citizens before the child’s 18th birthday. This also applies to adopted children, as long as the child is in the custody of his or her adoptive parents pursuant to a lawful admission for permanent residence. Additionally, if the parents have been legally separated and the parent having legal custody of the child naturalizes, the child will automatically become a U.S. citizen. Such children can directly apply for a U.S. passport and do not need to apply to the USCIS for a Certificate of Citizenship, nor do they have to apply for naturalization.