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Generally, an alien must be a Permanent Resident (PR) to
be eligible to become a naturalized citizen of the
United States. He must also be at least 18 years old at
the time of filing for naturalization.
Requirements for Naturalization
1. Residency
The alien must reside in the United States for a
continuous period prior to the filing of the
naturalization application. If the alien is not married
to a U.S. citizen (USC), he must reside in the United
States for a continuous period of five years after
lawful admission to the United States as a PR. If the
alien is married to a USC, he must reside with the USC
spouse in the United States for a continuous period of
three years following lawful admission to the U.S. as a
PR.
The alien applying for naturalization must physically
reside in the U.S. for one half the period of continuous
residence required within the period required for
continuous residence. For aliens who are married to a
USC, the alien must have been physically present in the
United States accumulatively for eighteen months within
three years prior to the date of filing the application.
For aliens not married to a USC, the alien must have
been physically present in the United States
accumulatively for thirty months within five years prior
to the date of filing the naturalization application.
Residence is required for three months immediately
preceding the filing of the naturalization application
in the state in which the petition is filed. Continuous
residence in the U.S. is also required from the date of
filing until actual admission to citizenship.
2. Good Moral Character
Generally, the alien must show that he or she has been a
person of good moral character for the statutory period
(five years if not married to a USC; three years if
married to a USC, or one year for Armed Forces expedite)
prior to filing for naturalization.
However, the Service is not limited to the statutory
period in determining whether an applicant has
established good moral character.
An alien can fail to meet the requirement of good moral
character in the following circumstances:
| a. |
Alien has been convicted of murder at any time;
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| b. |
Alien has been convicted of an aggravated felony;
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| c. |
Alien has committed one or more crimes involving
moral turpitude for which he was convicted;
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| d. |
Alien has committed two or more offenses for which
he was convicted and the aggregate sentence actually
imposed was five years or more;
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| e. |
Alien has violated any law of the United States, any
State, or any foreign country relating to a
controlled substance, provided that the violation
was not a single offense for simple possession of 30
grams or less of marijuana;
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| f. |
Alien admits committing any criminal act for which
there was never a formal charge, indictment, arrest,
or conviction, whether committed in the United
States or any other country;
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| g. |
Alien is or was confined to a penal institution for
an aggregate of 180 days pursuant to a conviction or
convictions;
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| h. |
Alien has given false testimony to obtain any
benefit from the INA, if the testimony was made
under oath or affirmation and with an intent to
obtain an immigration benefit;
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| i. |
Alien is or was involved in prostitution or
commercialized vice;
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| j. |
Alien is or was involved in the smuggling of a
person or persons into the United States;
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| k. |
Alien has practiced or is practicing polygamy;
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| l. |
Alien committed two or more gambling offenses for
which the applicant was convicted;
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| m. |
Alien earns his or her income principally from
illegal gambling activities;
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| n. |
Alien is or was a habitual drunkard; |
| o. |
Alien willfully failed or refused to support
dependents;
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| p. |
Alien had an extramarital affair which tended to
destroy an existing marriage;
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| q. |
Alien committed unlawful acts that adversely reflect
upon the applicant's moral character, or was
convicted or imprisoned for such acts.
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3. Language
The alien must have an ability to read, write, and speak
English as determined by tests conducted by an
immigration examiner through the interview and written
examination.
4. Knowledge of History and Government of the United
States
The alien must have knowledge and understanding of the
fundamentals of United States history and government as
determined by a multiple choice test.
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