It is important to understand that the process of naturalization involves renouncing all former allegiances and your citizenship in any other country. Under American law, you cannot hold dual citizenship if you are naturalized in the United States.

General Naturalization Requirements

Age
Applicants must be at least 18 years old. Some exceptions to this requirement exist and depend on the citizenship status of the parents. If both parents become U.S. citizens, the children may automatically become citizens, if the proper application is filed and the child is otherwise eligible. Children born abroad to U.S. citizen parents generally are considered derivative U.S. citizens.

Residency
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 (3 years if married to a U.S. citizen);
• 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
Generally, 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 INS is not limited to this 3 or 5 period in determining whether an applicant has established good moral character. For example, an applicant is permanently barred 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. 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.

An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant.

Upholding the Constitution and American History and Knowledge
An applicant must show that he or she is attached to and will uphold the principles of the Constitution of the United States. In order to demonstrate that he or she will uphold the constitution, the individual must also demonstrate knowledge of American History and Government. This is demonstrated by taking a test. Some applicants are exempt from this requirement. An applicant may be exempt if:

• on the date of filing, has a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn U.S. History and Government; or
• has been residing in the U.S. as a lawful admission for permanent residence for at least 20 years and is over the age of 65.

For sample questions from the Naturalization exam, click here.

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

• have been residing in the United States as a lawful permanent resident for at least 15 years and are over 55 years of age;
• have been residing in the United States as a lawful permanent resident 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.

Oath of Allegiance
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, INS will permit these applicants to take a modified oath.

Waivers and special cases
There are also waivers and special cases for individuals married to U.S. citizens, required to work abroad to their own employment or that of your spouse for a U.S. corporation or other qualifying entity, including the U.S. armed forces.

If you would like assistance in applying for naturalization, Thomas Bassett and Associates can help you complete the process, answer all your questions and concerns, and assist you in preparing for the citizenship exam.