By Allen E. Kaye

What is naturalization?
Naturalization is the process by which a legal permanent resident becomes a U.S. citizen.

I'm already married to a U.S. citizen. Doesn't that mean that I automatically become a U.S. citizen?
No. A spouse can only petition for you to become a legal permanent resident. If you want to become a U.S. citizen, you must apply yourself.

Why should I become a U.S. citizen?

1. U.S. citizens can vote, serve on juries, hold political office, and qualify for all government jobs.
2. Citizens travel freely (whereas green-card holders may lose their residency if they spend long periods of time abroad).
3. Citizens can never be deported.
4. Citizens may petition for more relatives to become permanent residents in the U.S., such as their married sons and daughters and their brothers and sisters. Also, their close relatives immigrate more quickly.
5. U.S. citizens may be subject to less restrictions on estate taxes. And U.S. citizens who retire abroad receive full social security benefits (whereas permanent residents receive only 50%).

Why wouldn't I want to become a United States citizen?

1. In some cases, individuals may lose their native nationality. Individuals may also lose property rights.
2. When reviewing the applications of naturalization applicants, the INS may discover past fraud, or other reasons to begin deportation proceedings.

Who can naturalize?
Immigrants with green cards (legal permanent residents) who have been legal permanent residents for five years, or three years if married to a U.S. citizen, and who are over 18 years old are eligible to apply for citizenship. In addition, the individual must have been a resident of the state where he is applying for U.S. citizenship for at least three months, most must be able to speak, read, and write basic English, and demonstrate basic knowledge of U.S. history and government. In some cases, children under 18 naturalize automatically with their parents. Applicants who are eligible to file for citizenship can file three months before they are eligible. This would be three months before the five year period mentioned above (or the three year period for those married to U.S. citizens).

Must I have lived in the United State continuously in order to naturalize?
Residents must not have any absences for a long or regular period of time, except in cases of emergencies. In most cases, residents must demonstrate that they were physically present in the U.S. for two an a half years (or one and a half years if married to a U.S. citizen) immediately before applying for naturalization.

Are there any additional requirements for naturalization?

1. Residents must demonstrate good moral character for five years prior to applying for citizenship. (Many criminal convictions are seen as evidence of a lack of good moral character.)
2. Men who lived in the United States when they were under 26 years old should have registered for the draft.
3. Legal permanent residents should file taxes each year.

If I have received public benefits, can I still naturalize?
Yes, but the INS will study your case closely. Receiving public benefits is not a problem unless there was fraud.

How do I naturalize?

1. Residents must complete the INS form N-400, submit their fingerprints, two ¾ view profile photographs, and a check or money order for $260 filing fee and $50 for fingerprinting made out to the INS.  Applications should be submitted to your local INS Service Center office.
2. Once the application has been processed, applicants will be called in for an interview.
3. At the interview, the application will be reviewed and the applicant will be asked to pledge allegiance to the US. Most applicants will also be tested on their knowledge of US history and basic English.
4. If they pass the interview, applicants will be sworn in as naturalized citizens shortly afterwards, and given a naturalization certificate.

Do I have to take the test in English?
People who are over 50 and have been a permanent resident for 20 years or more, or are over 55 and have been a permanent resident for 15 years may take the examination in whatever language they choose. All other applicants must read, write, and speak basic English. This requirement does not apply to any person who is unable to comply because of physical or developmental disability or mental impairment.

What sort of questions are on the test?
The test covers basic U.S. history and civics, asking applicants to name the first president, to explain the different branches of government, and other similar questions. The requirement that an individual demonstrate a knowledge of the history and government of the U.S. does not apply to any person who is unable to comply because of physical or developmental disability or mental impairment. The Attorney General (INS) can provide for "special consideration" concerning the U.S. civics requirement for persons who have been permanent residents for at least 20 years and who are over 65 years of age.