Filing for US Citizenship/Naturalization
(N-400 Application for Naturalization)
Congratulations! If you believe that you are eligible and are considering
filing for U.S. Citizenship/Naturalization, it means that you are on the last
lap of an achievement many only dream about.
For some, the trickiest part about the process is figuring out whether they
have satisfied the "continuous residency" requirement; for others, the
headache is the "English Test" and the "Civic Test." Whatever the
challenge, you have come to the right place for help.
Filing for U.S. Citizenship or applying for Naturalization is not merely
about completing forms. Anyone who can read and write can fill out
forms. The issue is do you understand what the questions on the forms
are asking you, do you understand the subtleties.
Our U.S. Citizenship/Naturalization Service does not only include
preparing the N-400 application for you, but make sure that you have all
the requisite documents for a successful application. We also help you
prepare for the English and Civic Tests, if necessary. We also help you
prepare for your initial USCIS interview, and may accompany you to that
interview if necessary.
Requirements:
Age
Residency
Continuous Residence and Physical Presence
Good Moral Character (Crimes/Offenses)
Attachment to the US Constitution
English Test
Civic Test
Oath of Allegiance
Veterans/LPR serving in the US Military
Document Checklist for Form N-400, Application for Naturalization
Age
Applicants must be at least 18 years old to be able to file. If under 18,
your parent (or the source/basis of eligibility) must file for you using a
different application form.
Residency
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.
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the
application, he or she:
- has been lawfully admitted for permanent residence;
- if filing while married to the U.S. Spouse through whom you
obtained permanent residency, the continuous residency
requirement is 3 years; if filing on your own, must have 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
(What Crimes/Offenses may disqualify you from being a Naturalized U.
S. Citizen)
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 Service is not limited to the statutory
period in determining whether an applicant has established good moral
character. 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 under the enumerated provisions.
Attachment to the Constitution
An applicant must show that he or she is attached to the principles of the
Constitution of the United States.
Language (English Test)
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 (Civic Test)
An applicant for naturalization must 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 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.
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, USCIS will permit these applicants to take a modified
oath.
Veterans of U.S. Armed Forces
Certain applicants who have served in the U.S. Armed Forces are eligible
to file for naturalization based on current or prior U.S. military service.
Such applicants should file the N-400 Military Naturalization Packet.
Lawful Permanent Residents with Three Years U.S. Military Service
An applicant who has served for three years in the U.S. military and who
is a lawful permanent resident is excused from any specific period of
required residence, period of residence in any specific place, or physical
presence within the United States if an application for naturalization is
filed while the applicant is still serving or within six months of an
honorable discharge.
To be eligible for these exemptions, an applicant must:
- have served honorably or separated under honorable conditions;
- completed three years or more of military service;
- be a legal permanent resident at the time of his or her
examination on the application; or
- establish good moral character if service was discontinuous or
not honorable.
Applicants who file for naturalization more than six months after
termination of three years of service in the U.S. military may count any
periods of honorable service as residence and physical presence in the
United States.
An applicant who has served honorably during any of the following
periods of conflict is entitled to certain considerations:
World War I - 4/16/17 to 11/11/18;
World War II - 9/1/39 to 12/31/46;
Korean Conflict - 6/25/50 to 7/1/55;
Vietnam Conflict - 2/28/61 to 10/15/78;
Operation Desert Shield/ Desert Storm - 8/29/90 to 4/11/91; or
any other period which the President, by Executive Order, has designated
as a period in which the Armed Forces of the United States are or were
engaged in military operations involving armed conflict with hostile
foreign forces.
Applicants who have served during any of the aforementioned conflicts
may apply for naturalization based on military service after qualifying
service and the requirements for specific periods of physical presence in
the United States and residence in the United States are waived.
Denver Colorado US Citizenship Lawyer, Aurora Boulder
Removal Attorney, James S Sarpong, handles all US
immigration matters - K-1 Visa, K-3, Asylum, N-400
Naturalization, Deportation, I-485 Green Card/Adjustment
of Status. Call/Email/Browse site for more details.
Aurora Boulder Denver Colorado Family Based
Immigration Attorney / Employment Based Immigration
Lawyer. Aurora Boulder Denver Removal Deportation
Attorney / Lawyer. Adams County, Arapahoe County,
Boulder County, Denver County, Douglas County.
Law Office of James S. Sarpong, LLC
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for individual advice regarding your own situation.
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