I. INTRODUCTION
Naturalization is the process by which a legal permanent resident becomes a United States citizen. This document provides basic information about the requirements that must be met before applying for naturalization and the steps necessary to successfully complete the naturalization process.
Also discussed are the elimination and reduction of requirements for certain groups and how those born outside the United States, but who became U.S. citizens at birth, can obtain a Certificate of Citizenship.
Any person who desires more detailed information should contact me.
— Allen E. Kaye

II. 5 REASONS TO BECOME A U.S. CITIZEN

A. VOTING. Only United States citizens can vote in federal, state, and local elections. In the United States, elections matter. Voters decide on which candidates best represent them. In some states, any citizen can propose a law (a proposition). State funding for education, health services, libraries, prisons, transportation, etc., are decided by which candidates are elected and which propositions are passed.

In the United States, elections are often decided by a handful of votes. If the 6.5 million permanent residents in the United States who are eligible for citizenship became citizens and voted, many of the new laws hurting immigrants might never be enacted.

B. PARTICIPATION. Only citizens can be candidates for election to public office. Issues of importance to immigrants, such as English classes, bilingual education, and important ethnic celebrations will be addressed in government only if the elected officials have an interest in them. Therefore, the ability to become a candidate for public office is an important right of the American citizen.

Participation in many local government commissions is also limited to United States citizens. Commissions often develop important policies that affect the lives of immigrants.

Only citizens can serve on juries. Without ethnically diverse juries, bias may affect minority groups.

C. OPPORTUNITY. Only citizens qualify for government jobs and most scholarships. Frequent rumors to the contrary, most aliens do not lose opportunities in their home countries when they become U.S. citizens. Citizens of Mexico, for example, (1) do not lose any property rights in that country and may not lose Mexican citizenship by becoming U.S. citizens, and (2) can easily become citizens of Mexico again after they have accepted U.S. citizenship.

D. BENEFITS. Existing laws favor U.S. citizens over permanent residents with regard to public benefits. For example, a U.S. citizen retiring in Mexico receives 100% of his or her Social Security benefits, whereas a permanent resident from Mexico retiring in Mexico receives only 50%.

Welfare reform legislation enacted in 1996 cut off a number of Federal benefit programs formerly available to permanent residents. In some cases, the benefits were cut off only for new permanent residents; in others, they were cut off for all permanent residents. Citizens did not suffer these cut-offs.

E. IMMIGRATION. U.S. citizens can petition to bring their parents, married sons and daughters, and brothers and sisters to the United States. Immigrants with only a green card cannot. Close family members of citizens can immigrate more quickly, too. Once both parents are citizens, their minor children automatically become citizens without having to apply for naturalization. Whereas citizens can travel abroad freely, permanent residents may lose their residency if they spend long periods of time out of the country. In addition, U.S. citizens can never be deported (whereas permanent residents can) and never need to renew their immigration documents.

III. ELIGIBILITY REQUIREMENTS
Before filing an application for U.S. Citizenship, certain requirements must be met.

A. AGE. An individual must be at least 18 years old to apply on his or her own behalf. A younger person may still be eligible depending on his or her situation.

B. LEGAL PERMANENT RESIDENCE. Only someone who has already been lawfully admitted to the U.S. as a permanent resident is eligible.

C. TIME REQUIREMENT.To be eligible, a person must have continuously resided in the U.S. for at least five years and must have been physically present in the U.S. for at least half of such period (30 months). (For persons married to and living with their U.S. citizen spouse for at least three years, the requirement for continuous residency is reduced to three years, and the requirement for physical presence to 18 months.)

Any continuous absence of one year or more breaks the continuous residence requirement unless the applicant is serving abroad in the U.S. armed forces, or unless an application to preserve residence is made to the United States Citizenship and Immigration Services and approved. An absence exceeding six months raises a rebuttable presumption of abandonment of continuous residency.

Applicants must reside continuously for at least three months immediately preceding filing in the state or United States Citizenship and Immigration Services district in which the application is made.

After the filing and until admission to citizenship, an applicant must reside continuously in the U.S. (casual trips outside the United States will not break the residency requirement).

D. GOOD MORAL CHARACTER. During all of the five years before filing and until being sworn in as a citizen, an applicant must demonstrate that he or she has maintained good moral character, believes in the principles of the Constitution and will not disturb the good order of the United States. Disqualifying acts include a conviction for murder or aggravated felony that was committed at any time during the applicant's life.

A person will be disqualified if at any time during the five-year time period while a legal permanent resident, he or she:

E. BASIC ENGLISH LITERACY AND KNOWLEDGE OF U.S. HISTORY AND GOVERNMENT. An applicant is required to possess a basic ability to speak, read and write English. Exemptions to this requirement are provided for:

In addition, individuals applying for naturalization must possess a basic knowledge of U.S. history and the U.S. form of government. Exemptions to this requirement exist for persons with a physical disability or mental impairment. Persons more than 65 years of age who have resided in the U.S. as permanent resident aliens for over 20 years are eligible for "special consideration" by the United States Citizenship and Immigration Services. This "special consideration" consists of a U.S. civics test of 25 specific questions. The applicant does not need to answer every question correctly to pass the test. The applicant may take the test in any language he or she chooses.

The following is a sample of the 25 questions:

1. Q Who is the President of the United States?
   A (name of current office holder)
2. Q How many states are there in the United States?
   A 50
3. Q What are the colors of the American flag?
   A Red, white, and blue
4. Q What is the capital of the United States?
   A Washington, DC
5. Q In what month do we celebrate Independence Day?
   A July
6. Q Who was the first President of the United States?
   A George Washington
7. Q What are the three branches of our government?
   A Executive, Legislative and Judicial
8. Q What is the minimum voting age in the U.S.?
   A Eighteen (18) years
9. Q Who was the President during the Civil War?
   A Abraham Lincoln
10. Q What are the first ten amendments to the Constitution called?
    A The Bill of Rights

IV. APPLICATION PROCEDURE

Applicants who meet the eligibility requirements set forth above may become U.S. citizens upon completion of the application procedure.

A. FILING. First, the following items must be filed with the United States Citizenship and Immigration Services Service Center having jurisdiction over the applicant:
1. Application for naturalization, Form N-400
2. Two three-quarter profile color photographs (2" x 2")
3. Check or money order for $635 made payable to "United States Citizenship and Immigration Services", for the application fee, and the United States Citizenship and Immigration Services fingerprint fee
4. Copy of both sides of the applicant's Permanent Resident Card

B. INTERVIEW. After the above documents are processed, the applicant will be directed to appear before a naturalization examiner for an interview and examination. Every applicant will be questioned on the personal information he or she submitted on the application.

An applicant will also be tested on his or her knowledge of U.S. history and government based on questions derived from the Federal textbooks on citizenship. In addition, an applicant must demonstrate a basic ability to speak, read and write in English, unless the applicant is exempt, as discussed above. (See III: Eligibility Requirements, Section F.)

Most applicants who obtained their legal permanent residence status as a result of the amnesty program are exempt from this requirement. They do not need to take an exam since they already took an English and U.S. civics exam when they applied for permanent residency. However, some aliens who became permanent residents through amnesty (legalization) were granted legal permanent residence without passing the test, and, therefore, they are not exempt from the test. Amnesty permanent residents must still demonstrate their ability to speak English and will undergo an interview conducted in English, unless exempt, as discussed above. (See III: Eligibility Requirements, Section F.)

If the examiner finds that an applicant has not demonstrated eligibility for naturalization, the application will be denied and the applicant will be so notified. The applicant may request a hearing on the denied application by filing Form N-336, "Request for Hearing on a Decision in Naturalization Proceedings Under Section 335 of the Act" with a $605 filing fee.

When the application is approved, the applicant will be directed to appear at an oath ceremony.

C. OATH CEREMONY. After the application is approved, the applicant is required to appear at the ceremony to be sworn in as a citizen of the United States. By taking the oath of citizenship, the soon-to-be citizen promises to support and defend the Constitution and the laws of the United States, and gives up allegiance to any foreign country. After the ceremony, applicants are either given a certificate of naturalization, which documents that they have become citizens of the United States, or one is mailed to them.

V. SPECIAL CATEGORIES: CHILDREN

A. CHILD OF A U.S. CITIZEN BORN ABROAD. If a child born abroad to a U.S. citizen did not become a U.S. citizen at birth (see paragraph VI below), the child may still become a citizen after first becoming a permanent resident while under the age of 18. To get this child a document, the parent must file Form N-600 with a fee of $460.

The child, if residing abroad, may be naturalized without lawful permanent resident status if a parent, or, in some cases, a grandparent, can meet certain physical presence requirements. The form used is an N-600K and the filing fee is $460.

B. ADOPTED CHILD OF U.S. PARENTS. If a child was adopted prior to his or her 16th birthday, either in the U.S. or abroad, by a U.S. citizen parent, was admitted to the U.S. as a lawful permanent resident, is residing in the custody of his or her adopting parents and is still under 18 years of age, then the child will acquire U.S. citizenship automatically. The required procedure, for adopted children who are permanent residents and under the age of 18, is the filing of an application (Form N-600) by the child's adoptive parents, provided they are still U.S. citizens at the time of filing, along with the required fee. The filing fee for a minor adopted child is $420.

VI. CERTIFICATES OF CITIZENSHIP FOR CHILDREN OF CITIZENS

A child born abroad may acquire U.S. citizenship automatically at birth under certain circumstances. These circumstances have changed quite often over the years, and, therefore, differ so much from case to case that they cannot all be presented in this pamphlet. However, the following circumstances set forth general categories for acquiring automatic citizenship.

If an individual fits any of the categories described below, he or she may already be a U.S. citizen and should file a Form N-600 and a $460 filing fee with the United States Citizenship and Immigration Services to obtain a Certificate of Citizenship.

A. Both parents were U.S. citizens at the time of the child's birth and at least one parent resided in the U.S. prior to the birth.

B. One parent is a U.S. citizen and was present in the U.S. for more than five years and at least two years after the parent's 14th birthday. Time served by the parent abroad in certain capacities, such as serving in the armed forces, may qualify. For children born before 1986, the presence requirement for the parent in the U.S. is generally ten years, of which, five years must be over the age of 14. Different rules apply for illegitimate children.

C. One parent became a U.S. citizen before the child's 18th birthday, and the child was a lawful permanent resident and unmarried at the time of the parent's naturalization.

D. The non-citizen parent, surviving parent, or sole parent became a U.S. citizen before the child's 18th birthday and the child was a lawful permanent resident and unmarried at the time of the parent's naturalization.

VII. SAMPLE QUESTIONS AND ANSWERS FOR APPLICANTS FOR NATURALIZATION

1. Q What are the colors of our flag?
   A Red, White, and Blue
2. Q How many stars are there on our flag?
   A 50
3. Q What color are the stars on our flag?
   A White
4. Q What do the stars on the flag represent?
   A One for each state in the Union
5. Q How many stripes are there on the flag?
   A 13
6. Q What color are the stripes?
   A Red and White
7. Q What do the stripes on the flag represent?
   A They represent the original 13 colonies
8. Q How many states are there in the Union?
   A 50
9. Q What is the 4th of July?
   A Independence Day
10. Q What is the date of Independence Day?
    A July 4th
11. Q Independence from whom?
    A England
12. Q What country did we fight during the Revolutionary War?
    A England
13. Q Who was the first President of the United States?
    A George Washington
14. Q Who is the President of the United States today?
    A (name of current office holder)
15. Q Who is the Vice-President of the United States today?
    A (name of current office holder)
16. Q Who elects the President of the United States?
    A The electoral college
17. Q Who becomes the President of the United States if the President should die?
    A The Vice-President
18. Q For how long do we elect the President?
    A Four years
19. Q What is the Constitution?
    A The supreme law of the land
20. Q Can the Constitution be changed?
    A Yes
21. Q What do we call a change to the Constitution?
    A An amendment
22. Q How many changes or amendments are there to the Constitution?
    A 26
23. Q How many branches are there in our government?
    A Three
24. Q What are the three branches of our government?
    A Legislative, Executive, and Judiciary
25. Q What is the legislative branch of our government?
    A Congress
26. Q Who makes the laws in the United States?
    A Congress
27. Q What is Congress?
    A The Senate and the House of Representatives
28. Q What are the duties of Congress?
    A To make laws
29. Q Who elects Congress?
    A The people
30. Q How many senators are there in Congress?
    A 100
31. Q Can you name the two senators from your state?
    A (names of current office holders)
32. Q For how long do we elect each senator?
    A Six years
33. Q How many representatives are there in Congress?
    A 435
34. Q For how long do we elect each representative?
    A Two years
35. Q What is the executive branch of our government?
    A The President, cabinet, and departments under the cabinet members
36. Q What is the judiciary branch of our government?
    A The Federal Courts. The Supreme Court is the highest Federal Court
37. Q What are the duties of the Supreme Court?
    A To interpret laws
38. Q What is the supreme law of the United States?
    A The Constitution
39. Q What is the Bill of Rights?
    A The first ten amendments to the Constitution
40. Q What is the capital of your state?
    A (name local state capital)
41. Q Who is the current governor of your state?
    A (name of current office holder)
42. Q Who becomes President of the United States if the President and the Vice-President should die?
    A The Speaker of the House of Representatives
43. Q Who is the Chief Justice of the Supreme Court?
    A (name of current Chief Justice)
44. Q Can you name the 13 original states?
    A Connecticut, New Hampshire, New York, New Jersey, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, Rhode Island, and Maryland
45. Q Who said, "Give me liberty or give me death"?
    A Patrick Henry
46. Q Which countries were our enemies during World War II?
    A Germany, Italy, and Japan
47. Q What are the 49th and 50th states of the Union?
    A Alaska and Hawaii
48. Q How many terms can a President serve?
    A Two
49. Q Who was Martin Luther King, Jr.?
    A A civil rights leader
50. Q Who is the head of your local government?
    A (name of current office holder)
51. Q According to the Constitution, a person must meet certain requirements in order to be eligible to become President. Name one of these requirements.
    A Must be a natural born citizen of the United States; Must be at least 35 years old by the time he/she will serve; Must have lived in the United States for at least 14 years
52. Q Why are there 100 senators in the Senate?
    A Two from each of the 50 states
53. Q Who appoints the Supreme Court justices?
    A The President
54. Q How many Supreme Court justices are there?
    A Nine
55. Q Why did the Pilgrims come to America?
    A For religious freedom
56. Q What is the head executive of a state government called?
    A Governor
57. Q What is the head executive of a city government called?
    A Mayor (usually)
58. Q What holiday was celebrated for the first time by the American colonists?
    A Thanksgiving
59. Q Who was the main writer of the Declaration of Independence?
    A Thomas Jefferson
60. Q When was the Declaration of Independence adopted?
    A July 4, 1776
61. Q What is the basic belief of the Declaration of Independence?
    A That all men are created equal
62. Q What is the national anthem of the United States?
    A The Star-Spangled Banner
63. Q Who wrote the Star-Spangled Banner?
    A Francis Scott Key
64. Q Where does freedom of speech come from?
    A The Bill of Rights
65. Q What is the minimum voting age in the U.S.?
    A 18
66. Q Who signs bills into law?
    A The President
67. Q What is the highest court in the United States?
    A The Supreme Court
68. Q Who was President during the Civil War?
    A Abraham Lincoln
69. Q What did the Emancipation Proclamation do?
    A Freed many slaves
70. Q What special group advises the President?
    A The Cabinet
71. Q Which President is called the "Father of our country"?
    A George Washington
72. Q What United States Citizenship and Immigration Services form is used to apply to become a naturalized citizen?
    A Form N-400, "Application to File Petition for Naturalization"
73. Q Who helped the Pilgrims in America?
    A The American Indians (Native Americans)
74. Q What is the name of the ship that brought the Pilgrims to America?
    A The Mayflower
75. Q What were the 13 original states of the U.S. called?
    A Colonies
76. Q Name three rights or freedoms guaranteed by the Bill of Rights.
    A
    1. The right of freedom of speech, press, religion, peaceable assembly and the right to petition the government
    2. The right to bear arms (the right to have weapons or own a gun, though subject to certain regulations)
    3. The right to be protected from having the government quarter or house soldiers in one's home during peacetime without consent
    4. The right to be secure against search or seizure of property without a warrant
    5. The right not be tried twice for the same crime and not have to testify against oneself
    6. The right of an accused person to a trial and a lawyer
    7. The right to trial by jury in most cases
    8. The right to be protected against excessive or un-reasonable fines or cruel and unusual punishment
    9. The people have rights other than those mentioned in the Constitution
    10. Any power not given to the federal government by the Constitution is a power of either the state or the people
77. Q Who has the power to declare war?
    A The Congress
78. Q What kind of government does the United States have?
    A A republic
79. Q Which President freed the slaves?
    A Abraham Lincoln
80. Q In what year was the Constitution written?
    A 1787
81. Q What are the first ten amendments to the Constitution called?
    A The Bill of Rights
82. Q Name one purpose of the United Nations.
    A For countries to discuss and try to resolve world problems; to provide economic aid to many countries
83. Q Where does Congress meet?
    A In the Capitol in Washington, DC
84. Q Whose rights are guaranteed by the Constitution and the Bill of Rights?
    A Everyone's (citizens and non-citizens living in the U.S.)
85. Q What is the introduction to the Constitution called?
    A The Preamble
86. Q Name one benefit of being a citizen of the United States.
    A Obtain federal government jobs; travel with a U.S. passport; petition for close relatives to come to the U.S. to live; democratic government
87. Q What is the most important right granted to U.S. citizens?
    A The right to vote
88. Q What is the United States Capitol?
    A The place where Congress meets
89. Q What is the White House?
    A The President's official home
90. Q Where is the White House located?
    A Washington, DC (1600 Pennsylvania Avenue, NW)
91. Q What is the name of the President's official home?
    A The White House
92. Q Name one right guaranteed by the First Amendment.
    A Freedom of: speech, press, religion, peaceable assembly, and the right to petition the government for a redress of grievances
93. Q Who is the Commander in Chief of the U.S. military?
    A The President
94. Q Which President was the first Commander in Chief of the U.S. military?
    A George Washington
95. Q In what month do we vote for President?
    A November
96. Q In what month is the new President inaugurated?
    A January
97. Q How many times may a Senator be re-elected?
    A There is no limit
98. Q How many times may a Congressman be re-elected?
    A There is no limit
99. Q What are the two major political parties in the U.S. today?
    A Democratic and Republican
100. Q How many states are there in the United States?
     A 50

Allen E. Kaye is an attorney with law offices at
111 Broadway, Suite 1304, New York, NY 10006

Tel: 212/964-5858 • Fax: 212/608-3734

E-mail:
AllenEKaye@Compuserve.com or
AKaye@Kayevisalaw.com

Website:
www.kayevisalaw.com

He has concentrated in the practice of U.S. Immigration Law for 30 years. Mr. Kaye is a past national President of the American Immigration Lawyers Association (AILA).

All rights reserved. No part of this pamphlet may be reproduced or copied by any means without the express written permission of the author.
© Copyright August 31, 2007 by Allen E. Kaye.