Naturalization and Citizenship in the USA

US Naturalization Documents in Hand – The Process for Obtaining American Citizenship

Image source: Jana Shea

What is naturalization?

Naturalization is the legal process by which a foreign citizen can acquire U.S. citizenship. The legal basis for this is provided by the Immigration and Nationality Act (INA), the central U.S. citizenship law, passed by the U.S. Congress, that sets all essential immigration and naturalization rules. Responsible for carrying out the naturalization process is the United States Citizenship and Immigration Services (USCIS), a federal agency of the Department of Homeland Security.

1. Requirements for naturalization in the USA

To obtain U.S. citizenship through naturalization, applicants generally must meet the following requirements:

Permanent Residency in the USA (Continuous Residence)

The applicant must prove that they have continuously resided in the U.S. for a specific period. Generally, this is five years As the holder of a permanent resident card (Green Card). Extended stays abroad, generally more than six months at a time, can interrupt this continuous stay and jeopardize the application.

Residence in the responsible USCIS district

The applicant must, prior to submitting the application, have at least three months have resided in the state or USCIS district where the petition is filed. This is for proper jurisdictional assignment within the federal agency.

English skills

Applicants must be able to speak English. to read, to write, and to speak. This ability will be tested during a personal interview with a USCIS officer. Exceptions apply to older applicants or individuals with certain physical or mental disabilities.

Knowledge of U.S. History and Government (Civics Test)

In the naturalization interview, knowledge of American history and the political system will also be tested. The so-called Civics Test includes 100 questions, of which the applicant must answer at least 6 out of 10 randomly selected questions correctly. Topics include the U.S. Constitution, the three branches of government, U.S. history, and fundamental civic values.

Good Moral Character

Applicants must demonstrate that they have a morally impeccable character own. In practice, this means that no serious prior convictions may exist. Certain offenses, such as drug crimes, fraud, or offenses that have resulted in a prison sentence of five years or more, can lead to a permanent denial. Generally, the period of the last five years (and three years for spouses of U.S. citizens) will be examined.

Pledge of Allegiance to the U.S. Constitution

The applicant must adhere to the principles and ideals of the United States Constitution accept and be prepared to support them. This includes the willingness to be loyal to the state and, if necessary, to perform military or civilian service. This commitment is demonstrated by the Oath of Allegiance (Oath of Allegiance) formally sealed, which is taken at the end of the naturalization process.

Positive attitude towards the USA (Attachment to the Constitution)

In addition to formally accepting the Constitution, a generally positive attitude toward the United States and its democratic values is also expected. Applicants who belong to or have belonged to extremist organizations may be excluded from naturalization.

2. Special provisions for certain groups of people

Specific rules exist for certain groups of people, such as relatives and military personnel.

Spouses of U.S. citizens

Spouses of U.S. citizens can be naturalized under facilitated conditions: the required period of residence is reduced to three years, provided the marriage continues during this time and the spouse remains a U.S. citizen.

US military personnel

For the substantive assessment, i.e., who inherits what, it is crucial which inheritance law applies. The decisive factor is the law of Nationality of the deceased at the time of his death. This means that for a US citizen, usually US inheritance law applied.

Children of U.S. citizens

Certain children automatically acquire U.S. citizenship when a parent is naturalized or is already a U.S. citizen, depending on whether the child was born in the U.S. or abroad and whether they possess lawful permanent resident status.

3. The U.S. Naturalization Process

Application

Application:
Submission of Form N-400 (Application for Naturalization) to USCIS, including all required documents and the filing fee.

Biometric capture

2. Biometric Capture:
Fingerprints and a photograph will be taken for the security check.

Background check

3. Background Check:
The FBI and other authorities are checking the applicant's criminal background.

Naturalization interview

4. Naturalization Interview:
Personal interview with a USCIS officer, including English and civics test.

Decision

5. Decision:
USCIS informs of the decision (approval, deferral, or denial).

Swearing-in

6. Swearing-in:
Upon approval, the applicant will take the Oath of Allegiance and receive their Certificate of Naturalization.

Conclusion

US immigration laws are subject to regular changes by Congress, as well as by policy decisions of the current administration. Therefore, it is advisable to always consult current information on the official USCIS Website to review as well as to seek legal counsel from an attorney (Immigration Attorney) before filing an application.

Contact

Urban Thier & Federer Attorneys at Law – Germany/USA
Carl Christian Thier, Esq., Attorney at Law, New York – Germany
Honorary Consul Austria

Please briefly and confidentially describe your case. We will contact you promptly with a clear proposal for the next steps.

Note: This blog/article is for informational purposes only and does not constitute legal advice. The information presented in the blog/article does not replace the need to seek legal advice from a qualified attorney licensed in your jurisdiction regarding your specific case. You should not rely on any statements made in this article. No part of this website creates an attorney-client relationship. We cannot guarantee that the information published is accurate, complete, or up-to-date.