NATURALIZATION
An application
for naturalization is submitted to the Unites States Citizenship and Immigration
Service (USCIS). In order to qualify for Naturalization, a person must:
-
Be
a Legal Permanent Resident (LPR); or have served honorably in the U.S. military
for at least one year, or have served in a time of war or declared hostilities;
-
Be
at least 18 years old and have resided in the U.S. continuously for five
years after receiving permanent residency, except that the age requirement
may be waived for persons naturalzing as a member of the armed services
and a child whose parent or parents naturalize also becomes a U.S. citizen.
- The residency
requirement is reduced to three years for a person who obtained his
or her status based on marriage to a U.S. citizen, and is also reduced
to three years for a spouse or child who obtained permanent residency
under the Violence Against Women Act as a result of battery or extreme
cruelty.
-
Reside
for at least three months immediately preceding the date of filing in the
state in which the petition is filed.
-
Be
physically present in the U.S. for at least half of the continuous residency
period.
-
Have
a minimal level of ability to read, write and understand English, and understand
the fundamental history and principles of the U.S. government.
Naturalization
Decisions
Naturalization
is determined by the United States Citizenship and Immigration Services (USCIS).
Where the
USCIS fails to decide a case within 120 days of examining the applicant, the
person may seek relief in federal district court.
Where the
application is denied, the applicant may seek administrative review by filing
an appeal within 30 days.
- The administrative
review must be completed within 180 days.
- If the administrative
appeal is denied, the applicant may seek de novo review in federal district
court.
Loss
of Citizenship
A native
born citizen can lose his or her citizenship by voluntarily relinquishing
citizenship only through an act of expatriation.
A naturalized
citizen may lose his or her citizenship either by
- voluntarily relinquishing
citizenship; or
- denaturalization/revocation
of citizenship by the Secreatary of the Department of Homeland Security:
- if naturalization
was procured illegaly or by concealment of amaterial fact or willful
representation;
- if his or her
permanent residence status was obtained improperly or through misrepresentation;
- for a criminal
conviction for knowingly committing fraud in the naturalization process
in which the judge strips the person of citizenship.