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Posted
Jan 03, 2006
| updated Jan 22, 2008
The following questions and answers are based on those frequently posed to
the attorneys at the Murthy Law Firm. As a
courtesy to our clients and the immigrant community, we generously share
this useful information.
Question 1.
What
are the basic requirements for naturalization (filing for U.S. citizenship)?
Top
The
statute (the letter of the law) provides that, in order to file a
naturalization application, an applicant must:
a. be an LPR (lawful permanent resident, i.e., green card holder; exception
if served in war for the U.S.).
b. be 18 years of age or older.
c. be a resident continuously for five years, subsequent to LPR status. If
married to a U.S. citizen (USC) the residency requirement is only three
years, but there are several conditions to the three-year rule (e.g. parties
must have been married for at least three years, no legal separation etc.).
d. be of good moral character.
e. be have resided in the state or USCIS district where the application is
filed for at least three months.
f. be physically present in the U.S. for at least one half of the five years
(or one half of the three years, in a case where the spouse is a USC).
g. not be absent from the U.S. for a continuous period of more than one year
during the period for which continuous residence is required. Absence of
more than six months but less than one year establishes the presumption of
not satisfying the continuity of residence requirement, which can be
potentially rebutted. If one has broken continuity of residence, s/he may
reapply for U.S. citizenship four years and one day following the date of
his/her return to the U.S. to resume residency. The spouse of a USC needs
two years and one day.
h. have a knowledge of English and ability to answer basic questions on U.S.
history and government.
There are separate provisions for members of the U.S. Armed Forces.
Question 2.
I
applied for U.S. citizenship several months ago. How long does it usually
take to receive the fingerprint appointment notice?
Top
Citizenship
processing times vary widely depending upon location. Delays in the issuance
of fingerprint appointment notices are not uncommon. It is generally a good
idea, however, to check the status of the case with the office where the
citizenship application was filed.
Question 3.
I have
been a U.S. citizen for the past ten years. My wife is a lawful permanent
resident. When can she apply for U.S. citizenship?
Top
One may apply for
U.S. citizenship after holding lawful permanent resident status for three
years, if s/he is currently married to and living with a U.S. citizen; and
has been married to and living with that same U.S. citizen for the past
three years; and that spouse has been a U.S. citizen for the past three
years. Most lawful permanent residents are required to hold permanent
resident status for five years in order to file for U.S. citizenship, but
the three-year rule benefits spouses of U.S. citizens.
Question 4.
I am a green card holder and
have applied for citizenship
(N-400). I am moving soon. How do I
notify INS of the new address?
Top
Address changes
for individuals with pending naturalization applications are made through
the National Customer Service Center toll-free number (800.375.5283). It is
also necessary to file Form AR-11.
Question 5. My husband and I plan to return to our home country when we
finish our university degree programs. If our U.S.-born child lives abroad until adulthood, will he still hold U.S. citizenship?
Top
The child is born
as a U.S. citizen and remains a U.S. citizen even if s/he obtains a foreign
passport. If the foreign government also considers him or her to be a
citizen of that country, then it is necessary for her/him to choose
nationality upon reaching the age of 18. When that U.S. citizen child turns
21, s/he will be eligible to apply for the parents' green cards. Only an
affirmative act, such as renouncing the U.S. citizenship, would cause the
child's status as a U.S. citizen to end. Such an affirmative act of
renouncement would be if s/he, upon becoming an adult, went to the U.S.
Embassy and declared a desire to relinquish U.S. citizenship.
Question 6.
I am a
lawful permanent resident and am waiting for my U.S. citizenship interview.
When can I apply for U.S. citizenship for my child (a lawful permanent
resident)?
Top
It appears that
your minor child may automatically become a U.S. citizen when you are sworn
in as a U.S. citizen. A minor, lawful permanent resident child, who resides
with his/her parent/s, becomes a U.S. citizen upon the naturalization of one
parent. In order for a person to apply for U.S. citizenship in his/her own
right, based on holding permanent resident status for 5 years, s/he has to
be at least 18 years old.
In order to know what options are available to you and to obtain specific
advice based upon the facts of your case, you should consult an experienced,
knowledgeable immigration attorney.
Question 7.
If I
have served in the U.S. Military, can this help in my application for U.S.
citizenship?
Top
If a lawful
permanent resident has been honorably serving, or has honorably served, in
the U.S. military for at least one year, s/he may be eligible to apply for
U.S. citizenship. Also, if one has fought for the U.S. during a period of
active hostilities, s/he may be able to file for U.S. citizenship directly,
without ever having been a lawful permanent resident of the U.S. It is
advisable to discuss these matters with an immigration attorney, if you
believe that you fall into one of these categories and could be eligible for
expedited citizenship processing.
Question 8.
If a
U.S. citizen applies to become a citizen of another country, must s/he
relinquish U.S. citizenship? If not, what are the conditions? What about
dual citizenship?
Top
If one becomes a
citizen of another country, then the U.S. may consider that person to no
longer be a U.S. citizen. Incidentally, the same is not necessarily true the
other way around. If a citizen of another country becomes a U.S. citizen,
the individual's home country may still consider her/him to be a citizen,
depending upon the laws of that country.
There are situations in which the U.S. may recognize dual citizenship. For
example, a person may have acquired U.S. citizenship through a parent and
still be a citizen of another country. Instances of dual citizenship
generally pertain to citizenship-by-birth; not when the U.S. citizen
naturalizes in another country.
Question
9.
My
wife and I would like to live overseas for a few years. She will be a
naturalized citizen. What are the restrictions for naturalized citizens
living abroad?
Top
Under current
law, there is no restriction on where a U.S. citizen may live. Living in
another country is not a ground for loss of U.S. citizenship.
Question 10.
I am
planning to file for U.S. citizenship. I would like to change my name
legally. Can I do that in the process of becoming a U.S. citizen or do I
need to file separately?
Top
This can
be done in the process of filing for U.S. citizenship. The application form
specifically asks whether one wishes to change her/his name.
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