U. S. CITIZENSHIP THROUGH NATURALIZATION
Lal Varghese, Attorney at Law, Dallas
Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements under the Immigration and Nationality Act (INA). In order to apply for naturalization, a person must file Form N-400, Application for Naturalization with the required filing fee, supporting documents with the USCIS. The application must be sent to a Lock Box facility depending upon where the person is living permanently. The form, instructions, address etc. are available on the USCIS web site at www.uscis.gov.
A person is qualified to apply for naturalization if the following conditions are met:
• If the person has been a permanent resident for at least 5 years and meet all other eligibility requirements for U. S citizenship under the INA.
• If the person has been a permanent resident for 3 years or more and meet all eligibility requirements under the INA to file as a spouse of a U.S. citizen.
• If the person has qualifying service in the U.S. armed forces and meet all other eligibility requirements under the INA.
• A child may qualify for naturalization if the parent is a U.S. citizen, and the child was born outside the U.S., and the child is currently residing outside the U.S., and all other eligibility requirements under the INA are met.
A person may also qualify through other means to naturalization if one does not qualify through the means described under above under the provisions of the INA. A person may be already a U.S. citizen and need not apply for naturalization if your biological or adoptive parent(s) became a U.S. citizen before you reached the age of 18. If you were born outside the United States to a U.S. citizen parent or parents, you may be a U.S. citizen also.
A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):
• At least one parent of the child is a U.S. citizen, whether by birth or naturalization.
• The child is under the age of 18 years.
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.
• An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA.
To qualify as a “child” for purposes of section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.
A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. To obtain a U.S. Passport, such person must file application for U. S passport with the State Department.
Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA.
Biological or adopted children who regularly reside outside of the United States may qualify for naturalization under section 322 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA). In general, to be eligible for citizenship under section 322 of the INA, a child must meet the following requirements:
• At least one parent is a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death.
• The U.S. citizen parent or his or her U.S. citizen parent has (or at the time of death had) been physically present in the United States or its outlying possessions for at least 5 years, at least two of which were after attaining the age of 14.
• The child is under the age of 18 years.
• The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent (or, if the citizen parent is deceased, an individual who does not object to the application).
• The child is temporarily present in the United States after having entered lawfully and is maintaining lawful status in the United States.
• An adopted child may be eligible for naturalization under section 322 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA.
To qualify as a “child” for purposes of this section, the person must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section. An application on behalf of an eligible child must be filed on Form N-600K, Application for Citizenship and Issuance of Certificate under section 322 of the INA. The Form N-600K must be filed on behalf of the child by the U.S. citizen parent. If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or U.S. citizen legal guardian may apply on behalf of the child within 5 years of the parent's death.
To obtain citizenship under section 322 of the INA, the application must be filed, approved, and the child must take the oath of allegiance, if required to do so, before the child reaches age 18. For children of some members of the military who are overseas on active duty, section 322(d) of the INA waives the requirement that the child be temporarily present in the United States and provides that any period of residence overseas on active duty qualifies as residence in the United States. After naturalization, a child can obtain a U.S. passport by filing application for U. S passport with the passport office under the Dept. of State.
To become a naturalized U.S. citizen, you must pass the naturalization test. At your naturalization interview, you will be required to answer questions about your application and background. You will also take an English and Civics test unless you qualify for an exemption or waiver.
USCIS offers a variety of study materials, including:
• Study Materials for the Civics Test
• Study Materials for the English Test
These and other citizenship resources for immigrants, educators, and organizations are available on the Citizenship Resource Center website.
For information on exceptions or modifications to the English and civics requirements for naturalization, visit our Exceptions & Accommodations page of the USCIS web site.
You will be given two opportunities to take the English and Civics tests and to answer all questions relating to your naturalization application in English. If you fail any of the tests at your initial interview, you will be retested on the portion of the test that you failed (English or Civics) between 60 and 90 days from the date of your initial interview. See 8 CFR 312.5(a) and 335.3(b).
Disclaimer: Lal Varghese, Attorney at Law, with more than 25 years of experience, mainly practices in U. S. immigration law and is located in Dallas, Texas. He does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice in your State of residence or contact your State Bar Organizations or local Bar Associations for finding an attorney or for any legal help. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for information about U. S. immigration law related matters. Lal Varghese, Attorney at Law can be reached at (972) 788-0777 or (972) 788-1555 at his e-mail: attylal@aol.com if you have any questions.
Lal Varghese, Attorney at Law, Dallas
Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements under the Immigration and Nationality Act (INA). In order to apply for naturalization, a person must file Form N-400, Application for Naturalization with the required filing fee, supporting documents with the USCIS. The application must be sent to a Lock Box facility depending upon where the person is living permanently. The form, instructions, address etc. are available on the USCIS web site at www.uscis.gov.
A person is qualified to apply for naturalization if the following conditions are met:
• If the person has been a permanent resident for at least 5 years and meet all other eligibility requirements for U. S citizenship under the INA.
• If the person has been a permanent resident for 3 years or more and meet all eligibility requirements under the INA to file as a spouse of a U.S. citizen.
• If the person has qualifying service in the U.S. armed forces and meet all other eligibility requirements under the INA.
• A child may qualify for naturalization if the parent is a U.S. citizen, and the child was born outside the U.S., and the child is currently residing outside the U.S., and all other eligibility requirements under the INA are met.
A person may also qualify through other means to naturalization if one does not qualify through the means described under above under the provisions of the INA. A person may be already a U.S. citizen and need not apply for naturalization if your biological or adoptive parent(s) became a U.S. citizen before you reached the age of 18. If you were born outside the United States to a U.S. citizen parent or parents, you may be a U.S. citizen also.
A child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA):
• At least one parent of the child is a U.S. citizen, whether by birth or naturalization.
• The child is under the age of 18 years.
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence.
• An adopted child may automatically become a citizen under section 320 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA.
To qualify as a “child” for purposes of section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section.
A person who satisfies the requirements of section 320 of the INA before turning 18 automatically obtains citizenship without having to file an application. However, in order to obtain a certificate of citizenship from USCIS, an individual must file Form N-600, Application for Certificate of Citizenship. To obtain a U.S. Passport, such person must file application for U. S passport with the State Department.
Individuals who were age 18 or older on February 27, 2001, do not qualify for citizenship under section 320 of the INA as amended by the CCA. A person who was over the age of 18 on February 27, 2001, may, however, be a citizen under the law in effect prior to the enactment of the CCA.
Biological or adopted children who regularly reside outside of the United States may qualify for naturalization under section 322 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA). In general, to be eligible for citizenship under section 322 of the INA, a child must meet the following requirements:
• At least one parent is a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death.
• The U.S. citizen parent or his or her U.S. citizen parent has (or at the time of death had) been physically present in the United States or its outlying possessions for at least 5 years, at least two of which were after attaining the age of 14.
• The child is under the age of 18 years.
• The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent (or, if the citizen parent is deceased, an individual who does not object to the application).
• The child is temporarily present in the United States after having entered lawfully and is maintaining lawful status in the United States.
• An adopted child may be eligible for naturalization under section 322 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA.
To qualify as a “child” for purposes of this section, the person must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101(c)(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section. An application on behalf of an eligible child must be filed on Form N-600K, Application for Citizenship and Issuance of Certificate under section 322 of the INA. The Form N-600K must be filed on behalf of the child by the U.S. citizen parent. If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or U.S. citizen legal guardian may apply on behalf of the child within 5 years of the parent's death.
To obtain citizenship under section 322 of the INA, the application must be filed, approved, and the child must take the oath of allegiance, if required to do so, before the child reaches age 18. For children of some members of the military who are overseas on active duty, section 322(d) of the INA waives the requirement that the child be temporarily present in the United States and provides that any period of residence overseas on active duty qualifies as residence in the United States. After naturalization, a child can obtain a U.S. passport by filing application for U. S passport with the passport office under the Dept. of State.
To become a naturalized U.S. citizen, you must pass the naturalization test. At your naturalization interview, you will be required to answer questions about your application and background. You will also take an English and Civics test unless you qualify for an exemption or waiver.
USCIS offers a variety of study materials, including:
• Study Materials for the Civics Test
• Study Materials for the English Test
These and other citizenship resources for immigrants, educators, and organizations are available on the Citizenship Resource Center website.
For information on exceptions or modifications to the English and civics requirements for naturalization, visit our Exceptions & Accommodations page of the USCIS web site.
You will be given two opportunities to take the English and Civics tests and to answer all questions relating to your naturalization application in English. If you fail any of the tests at your initial interview, you will be retested on the portion of the test that you failed (English or Civics) between 60 and 90 days from the date of your initial interview. See 8 CFR 312.5(a) and 335.3(b).
Disclaimer: Lal Varghese, Attorney at Law, with more than 25 years of experience, mainly practices in U. S. immigration law and is located in Dallas, Texas. He does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice in your State of residence or contact your State Bar Organizations or local Bar Associations for finding an attorney or for any legal help. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for information about U. S. immigration law related matters. Lal Varghese, Attorney at Law can be reached at (972) 788-0777 or (972) 788-1555 at his e-mail: attylal@aol.com if you have any questions.
