Rules for US Citizenship

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Going through the US citizenship process and understanding the rules for american citizenship can be a long, frustrating, and difficult experience. There are many important choices to make in this confusing process. This site was created to give you the information you need regarding the rules for American citizenship to make the right decisions. Which is why, I have even provided a list of frequently asked questions about the American citizenship procedure. However, it is in no way meant to replace good advice from US immigration attorneys or citizenship lawyers which may provide you with official US citizenship and immigration information.
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US rules for American citizenship dictate that to become a naturalized citizen of the United States, American citizenship laws require:

Age: Applicants must be at least 18 years old.

Residency: United States Immigration policies and rules for American citizenship require that an applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.

Residence and Physical Presence

  • According to rules for American citizenship, an applicant is eligible to file if, immediately preceding the filing of the application, he or she:
    has been lawfully admitted for permanent residence;
  • has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with absences from the United States totaling no more than one year; has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period);
  • has resided within a state or district for at least three months.

Good Moral Character

US rules for American citizenship dictate that in general, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The immigration naturalization service is not limited to the statutory period in determining whether an applicant has established good moral character. Rules for American citizenship permanently bar an applicant from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. In addition, pursuant to the rules for American citizenship, a person also cannot be found to be a person of good moral character if during the last five years he or she:

  • has committed and been convicted of one or more crimes involving moral turpitude
  • has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
  • has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
  • has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
  • has committed and been convicted of two or more gambling offenses
  • is or has earned his or her principle income from illegal gambling
  • is or has been involved in prostitution or commercialized vice
  • is or has been involved in smuggling illegal aliens into the United States
  • is or has been a habitual drunkard
  • is practicing or has practiced polygamy
  • has willfully failed or refused to support dependents
  • has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.

The rules for American citizenship dictate that an applicant must disclose all relevant facts to the immigration naturalization service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.

Attachment to the Constitution

As required by the rules for American citizenship, an applicant must show to the immigration naturalization service that he or she is attached to the principles of the Constitution of the United States.

Language

Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing:

  • have been residing in the United States subsequent to a lawful admission for permanent residence for at least 15 years and are over 55 years of age;
  • have been residing in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over 50 years of age; or
  • have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn English.

United States Government and History Knowledge

The American immigration test was developed to test an applicant’s knowledge of US government and history and the English language through an English sentences test. At minimum, an applicant for naturalization is required by the rules for American citizenship to demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement by the immigration naturalization service are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn U.S. History and Government.Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement. Also, note that the new immigration test pilot program is now being used by some offices of the USCIS. A guide with sample questions and answers for the new immigration test is now available.

Oath of Allegiance

Pursuant to the rules for American citizenship, to become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:

  • support the Constitution and obey the laws of the U.S.;
  • renounce any foreign allegiance and/or foreign title; and
  • bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required.

In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, the immigration naturalization service will permit these applicants to take a modified oath.