Naturalization and Citizenship

Naturalization is the process by which a noncitizen who is already a Lawful Permanent Resident (LPR) of the United States becomes a United States citizen. There are a number of requirements that an applicant must meet in order to be eligible for naturalization, including:

• Be at least 18 years of age at the time you file the application;
• Have been a lawful permanent resident for the past five years (or for the past three years if you are married to a U.S. citizen and your spouse has been a U.S. citizen during that entire three-year period);
• Have continuous residence and physical presence in the United States (at least half of the statutory period must have been spent inside the U.S.);
• Be able to read, write, and speak basic English;*
• Demonstrate good moral character;
• Demonstrate a knowledge and understanding of U.S. history and government;
• Demonstrate a loyalty to the principles of the U.S. Constitution; and
• Be willing to take the Oath of Allegiance.

You may file your naturalization application with USCIS as early as 90 days before the end of your three or five year wait period as a green card holder — as long as you’ve met all other eligibility criteria.
With regard to the requirement of demonstrating good moral character, this includes:

• Having a clean criminal record within the statutory period;
• having paid your taxes to the IRS;
• having financially supported any minor children you may have;
• and (for male applicants under 31 years of age) having registered with Selective Service.

Any sort of criminal history, even if it falls outside the statutory period, can seriously jeopardize an applicant’s eligibility for naturalization. Depending on the type of crime, and when it was committed, an applicant may still be able to demonstrate good moral character. Applicants for naturalization need to be aware that not only must all arrests (whether inside or outside the U.S.) be disclosed to USCIS, but complete arrest reports and court dispositions must be provided in order for the agency to adjudicate the application.

Also, the applicant must be ready to answer questions at their naturalization interview about any and all criminal history they may have.

For certain applicants with a criminal history after they became permanent residents, applying for naturalization may not only result in the denial of said application but may also result in their being served with a Notice to Appear (NTA) in immigration court for removal proceedings. Another thing that can jeopardize an LPR applicant’s chances for naturalization are long absences from the U.S. within the statutory period. Therefore, it is extremely important to consult an experienced immigration attorney before attempting to apply for naturalization.

Over the years, Mr. Malaret has helped many of his clients to successfully apply for naturalization and become U.S. citizens, including many who for one reason or another thought they would never be able to do so.

*Applicants who have been an LPR for at least 15 years and are 55 or older, as well as those who have been an LPR for at least 20 years and are 50 or older, are exempted from having to be able to read, write, and speak English; and they can qualify to do their entire naturalization interview in their native language.