Citizenship in the U.S. may be achieved by any of the following:
- By birth in the U.S. or in certain incorporated territories;
- Having U.S. citizen parents;
- Through a Certificate of Citizenship under INA §322; or
- By naturalization petition.
The criteria for naturalization is that the petitioner must:
- Be a lawful permanent resident, or have served in the U.S. military;
- Be 18 years of age;
- be a resident for a continuous period of at least 5 years after achieving lawful permanent resident status; or
- if married to a U.S. citizen the residency requirement is only three years if the lawful permanent resident is living in marital union with the spouse;
- Have resided in the state in which the petition is filed for at least three months;
- Be present in the U.S. for at least one half of the continuous residency period;
- Have resided continuously within the U.S. from the date the application is filed up to the time of admission to citizenship;
- Not have been absent from the U.S. for a continuous period of more than one year during the periods the continuous residency is required;
- Be a person of good moral character for the requisite residency period;
- Be attached to the principles of the Constitution and well disposed to the good order and happiness of the U.S.;
- Not be barred otherwise; and
- Demonstrate an elementary level ready and writing of the English language and basic history of the U.S.
The application process requires that a naturalization application (N-400) be filed with the necessary materials. This application may be filed up to three months before the lawful permanent resident meets the continuous residency requirements. After the application is received, an interview will be scheduled with the applicant at the local USCIS office. After the interview, the Service has 120 days to adjudicate the application.
Kollman & Saucier, P.A., The Business Law Building, 1823 York Road, Timonium, MD 21093 Phone: 410-727-4300
Fax: 410-727-4391 © 2008 Kollman & Saucier, P.A. All rights reserved.
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