Lawful permanent residents of the United States have a decision to make - whether to remain permanent residents or instead apply for naturalization.  Naturalization carries all of the obvious benefits of United States citizenship, including the right to vote, increased opportunities to petition for family members to immigrate to the U.S., avoiding abandonment of permanent resident status and avoiding the potential for deportation.  Several legal requirements must be met for a lawful permanent resident to be eligible to apply.  This week's blog will address the basic eligibility requirements for naturalization.

GOOD MORAL CHARACTER

A lawful permanent resident must establish that he or she is a person of "good moral character".  Commission of certain types of crimes render a person ineligible to establish the "good moral character" requirement, such as fraud, drug offenses, illegal gambling, prostitution, theft and crimes of violence.  Other acts that cause disqualification are lying to gain immigration benefits, failure to complete probation, failure to pay child support or alimony and persecution of others on the basis of race, religion, national origin, political opinion or social group.  U.S.C.I.S. is primarily focused on good moral character over the previous five years, although serious or numerous offenses occurring more than five years ago may still lead to a denial of the naturalization.

ENGLISH AND CIVICS

A lawful permanent resident must establish at the time of the naturalization interview that he has an understanding of the English language, including an ability to read, write and speak simple words and phrases.   Fluency is not required.  The applicant must also demonstrate a basic knowledge of U.S. history and government.  Certain applicants are exempt from  these requirements due to age or disability.

ATTACHMENT TO THE CONSTITUTION

An applicant for naturalization must demonstrate that he or she is willing to support and defend the United States and the Constitution.  This is demonstrated at the Oath Ceremony, in which the applicant declares, under oath, the willingness to do so.  The applicant must also renounce any foreign allegiances and be willing to serve the United States in the armed forces or in civilian service when called upon to do so.  A male applicant who lived in the United States during ages 18 to 25 must show registration with the Selective Service.

TIME REQUIREMENT

Generally, a lawful permanent resident is eilgibie to apply for naturalization 90 days before the 5th anniversary of becoming a permanent resident.  However, if the individual became a permanent resident based on the petition of a U.S. citizen spouse and has been married to and living with such spouse for more than 3 years, the individual may apply 90 days before the third anniversary of becoming a permanent resident.   Additional rules apply to members of the U.S. armed forces.  During this residence period, the permanent resident generally must have spent at least half of that time continuously residing in the U.S. and with no single period outside the U.S. in excess of 6 months. 

If you're considering applying for naturalization, you don't have to go through the journey alone.  Individuals need quality legal representation to evaluate eligibility and properly apply for naturalization.  Christiansen Law Firm partners with permanent residents seeking to obtain the benefits of naturalizaiton.  The immigration law attorneys of Christiansen Law Firm have extensive experience with naturalization applications, and can assist you with your application.  Contact the Houston or San Antonio offices of Christiansen Law Firm to obtain additional information.