Requirements to Become a Naturalized U.S. Citizen

1. You must be at least 18 years old.

2. You must be a lawful permanent resident for 5 years (3 years if you are married to a citizen).

3. You must have lived in the U.S. for 5 years (3 years if you are married to a citizen).

4. You must have been in the U.S. for at least half of the 5 years (3 years if married to a citizen) before applying for naturalization.

5. You must pass a test on speaking, understanding, reading and writing basic English.

6. You must pass an U.S. history and government test.

7. You must have good moral character.

8. You must understand and accept the oath of allegiance to the U.S.

9. You must have no citizenship-related problems.

Six Steps in the Naturalization Process

Step 1: Check that you meet the naturalization requirements

Step 2: Complete the N-400 Application Package

Step 3: Prepare for the interview and test

Step 4: Get fingerprinted

Step 5: Go to the INS interview

Step 6: Take the oath of allegiance

What if my parent becomes a citizen? Do I become a citizen as well?

A child can become a U.S. citizen "by action of law" (automatically because the parent has become a citizen) on the date on which all of the following requirements have been met:

1) The child was lawfully admitted for permanent residence;

2) Either parent was a U.S. citizen by birth or naturalization;

3) The child was still under 18 years of age;

4) The child was not married;

5) The child was the parent's legitimate child or was legitimated by the parent before the child's 16th birthday (stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents);

6) If adopted, the child met the requirements of section 101(b)(1)(E) or (F) and has had a full and final adoption;

7) The child was residing in the United States in the legal custody of the U.S. citizen parent; and

8) The child was residing in the United States in the physical custody of the U.S. citizen parent.

If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" Form N-600 to INS to obtain a Certificate of Citizenship.

If a child regularly resides in the United States and is not a lawful permanent resident, he or she cannot acquire citizenship automatically until he or she is granted lawful permanent residence. If a child who has been lawfully admitted for permanent residence fails to qualify for citizenship under the provisions of law, the child may apply for naturalization by filing an N-400 after reaching 18 years of age, provided that he or she has the required 5 years of lawful permanent residence.

U.S. citizens may apply for citizenship for their children by birth or adoption who do not regularly reside in the United States, if all of the following conditions are met:

1) The child is under 18 years of age;

2) The child is not married;

3) The child regularly resides outside the United States;

4) The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status;

5) The child is in legal and physical custody of a parent who is a U.S. citizen;

6) The child is the U.S. citizen's legitimate child, or was legitimated before the child's 16th birthday (stepchildren or children born out of wedlock who were not legitimated before their 16th birthday are not eligible for this procedure);

7) If adopted, the child meets the requirements of section 101 (b)(1)(E) or (F) and had a full and final adoption; and either of the following is true:

(a) The citizen parent has lived at least 5 years in the United States, and at least 2 of which were after the citizen parent's 14th birthday; or

(b) If the child's citizen parent has not lived in the United States for at least 5 years, 2 of which were after that parent's 14th birthday, the citizen parent currently has a parent (the child's grandparent) who:

(i) is also a U.S. citizen;

 (ii) lived in the United States for 5 years;

(iii) is still living at the time of the adjudication of the application and the taking of the Oath.

If these conditions are met, the citizen parent may apply for a certificate of citizenship in behalf of a legitimate or legitimated child using an "Application for Certificate of Citizenship" Form N-600 or, in the case of an adopted child, Form N-643. Both the citizen parent and the child must appear at an interview with an INS officer in the United States. The child must meet all of the required conditions at the time when he or she takes the Oath of Allegiance. The Oath may be waived if the child is too young to understand it.

Is there anything that can disqualify me from getting an immigrant visa (a visa to live permanently in the United States)?

There are several different grounds that make people ineligible for a visa:

(a) Health & Related Grounds:

    1) Communicable disease of public health significance;

    2) Vaccinations;

    3) Physical or mental disorder with associated harmful behavior;

    4) Drug abuse or drug addiction.

(b) Criminal & Related Grounds:

    1) Crimes involving moral turpitude;

    2) Drug offenses (U.S. or foreign);

    3) Multiple criminal convictions;

    4) Drug traffickers;

    5) Prostitution and vice;

    6) Convicted of a serious crime & asserted immunity from prosecution;

    7) Violation of religious freedom;

(c) Security & Related Grounds:

     1) Espionage and sabotage;

     2) Export of sensitive goods, technology, or information;

     3) Any unlawful other activity;

     4) Any activity aimed at opposing, controlling, or overthrowing the U.S. Government by violence or any other unlawful means;

     5) Terrorist activities;

     6) Foreign policy considerations;

     7) Membership in a totalitarian party;

     8) Participation in Nazi persecutions or genocide;

(d) Failure to Meet Labor Certification Requirements & Licensure Requirements:

     1) Failure to meet labor certification requirements;

     2) Failure to meet licensure requirements for medical doctors;

     3) Failure to meet certification requirements for health care workers.

(e) Illegal Entrants and Immigration Violators:

     1) Aliens in the U.S. without admission or parole;

     2) Failure to attend a removal proceeding;

     3) Misrepresentation;

     4) Stowaways;

     5) Smuggling;

     6) Civil penalties for document fraud;

     7) Student visa abusers;

     8) Persons re-entering after being removed.

(e) Failure to Meet Documentary Requirements:

     1) Immigrant without proper visa or travel documents upon arrival at Port of Entry (POE);

     2) Improperly issued immigrant visa discovered upon arrival at POE;

     3) Nonimmigrant not in possession of passport valid for at least 6 months from the date the initial admission expires;

     4) Nonimmigrant not in possession of valid nonimmigrant or border crossing card visa upon arrival at POE;

(f) Persons Ineligible for Citizenship

    1) Alien permanently ineligible for citizenship;

    2) Draft evaders;

(g) Aliens Present Without Admission or Parole After Previous Immigration Violation

     1) Applicants who enter illegally on or after April 1, 1997;

(h) Miscellaneous Grounds for Disqualification:

     1) Practicing polygamists;

     2) Guardians required to accompany helpless applicants;

     3) International child abduction;

     4) Non citizens who voted;

     5) Former citizens who renounced citizenship to avoid paying U.S. taxes;

     6)  Aliens Subject to the 2-Year Foreign Residence & Physical Presence Requirement;

     7) J-1 exchange visitors (& J-2 dependent spouse & children).

Non-immigrants enter the U.S. for a temporary period of time and are restricted to the activity consistent with their visas. These non-immigrant visas are available.

- There are 6 categories of H visas:

1) H-1B: specialty occupation;

2) H-1C: professional nurses working in health professional service areas;

3) H-2A: temporary agricultural workers;

4) H-2B: skilled/unskilled workers provided USCs/LPRs unavailable;

5) H-3: trainees;

6) H-4: accompanying family members(spouse/children).

- There are 2 types of L-visas:

1) L-1: intracompany transferee (such as executive, managerial, and specialized knowledge personnel continuing employment with international firm or corporation);

2) L-2: spouse or child of intracompany transferee.

- There are 4 types of P visas:

1) P-1: international athletes and international group entertainers;

2) P-2: artists or entertainers in a reciprocal exchange program;

3) P-3: artists or entertainers in a culturally unique program;

4) P-4: spouse or child of P-1, P-2, or P-3.

There are five (5) preference groups for employment-based permanent visas:

(a) People with extraordinary talents in sciences, arts, education, business or athletics; professors and researchers; and certain multinational executives and managers.

(b) People holding advanced degrees.

(c) Those holding baccalaureate degrees, skilled workers with at least 2 years experience, and other workers whose skills are in short supply in the U.S.

(d)  Certain religious workers, ministers of religion, certain international organization employees and their immediate family members, and qualified present and former U.S. Government employees.

(e)  People who create employment for at least 10 unrelated persons by investing money in a new commercial enterprise in the U.S. The minimum dollar amount required is from $500,000 to $1,000,000.

For employment-based immigrant visas, applicants need an approved petition Form I-140 from the INS. Before filing a petition with the INS, the employee-based immigrant visa applicant must obtain certification from the Department of Labor that there are no qualified workers available for the proposed employment in the U.S.

You can apply for political asylum, withholding of removal or protection under the Convention against torture. An asylum applicant must prove that he/she has a "well-founded fear of persecution" based on his race, religion, membership in a social group, political opinion, or national origin. Once granted asylum, the person is called an "asylee".

Form I-589 is used for Asylum application. If you are applying with the INS for asylum, you should send your application to the INS Service Center that has jurisdiction over your place of residence.

The law is designed for you to complete your asylum processing within 180 days from the date of filing your application, however, it often takes longer.

To be eligible for asylum in the U.S. you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within 1 year of your arrival in the U.S., or you will be ineligible unless you meet one of the exceptions.

You may include your spouse and any unmarried children under the age of 21 in your own asylum application if your spouse or children are in the U.S.

If you have waited 5 months and have not been denied asylum, you may apply for a work permit using for I-765 filed at the Texas Service Center.

It is important that you document your claim as well as possible with information about yourself, the basis for your claim, and conditions in your country. You have one opportunity to make your case in a non-adversarial interview with the Asylum Officer. If you are not granted, you will be referred to the Immigration Court for a hearing in removal proceedings.

If you are arrested on entry, you will have a credible fear interview with an asylum officer. If you are granted, then you will be able to make your case in court.

If you are granted asylum, one year later you may apply for residence on form I-485, adding photos and fees. There is a cap of 10,000 visas per year so you may wait 4 to 5 years to be granted your green card. Once granted you may also file for your spouse and children to entry the US as refugees by filing form I-730 for which there is no fee. You must file this within the first 2 years following your grant or you will have to wait to file a preference application when you are granted residence.

First time student visa applicants are required to appear for an in-person interview at a U.S. embassy or consulate in their home country.

Applicants for a student visa have to provide the following:

1) A Form I-20 obtained from a U.S. college, school, or university, completed and signed by you and by a school official.

2) A completed nonimmigrant visa application form (DS-156) with photo for each person applying.

3) A passport valid for at least 6 months after your proposed date of entry into the U.S.

4) A receipt for visa processing fee.

All applicants should also be able to provide:

1) Transcripts and diplomas from previous institutions attended.

2) Scores from standardized tests required by the educational institution.

3) Financial evidence that shows you or your parents who are sponsoring you have sufficient funds to cover your tuition and living expenses during the period of your intended study. (income tax documents, original bank books and statements)

While on a student visa, you will be admitted for the duration of your student status (full-time student).

You must fill out Form I-539, Application to Extend /Change Nonimmigrant Status. In most cases, you should mail this form to the INS Service Center having jurisdiction over where you live in the U.S. The filing fee is U.S. $140.

What are the grounds for the INS to deport people?

An alien may be deportable for any of the following:

1) Immigration Violations such as:

    (a) Entry without inspection;

    (b) Entry or attempt to enter without proper visa, or use of fraudulent visa.

2) Commission of a crime:

    (a) Crimes of Moral Turpitude (CMT);

        If a person is convicted of a CMT committed within 5 years of entry and is convicted of a crime for which a sentence of one year or longer may be imposed; or

If, at any time after entry, the person is convicted of two (2) CMT, not arising out of a single scheme of criminal misconduct.

   (b) Aggravated Felony

        (i) Murder, rape or sexual abuse of a minor;

        (ii) Illicit trafficking in a controlled substance;

        (iii) Illicit trafficking in any firearms or destructive devices;

        (iv) Any offense related to laundering of monetary instruments relating to engaging in monetary transactions in property derived from specific unlawful activity if the amount exceeds $10,000;

        (v) Offensives relating to explosives, firearms, arson;

        (vi) Any crime of violence for which the term of imprisonment imposed, regardless of any suspension of imprisonment is at least one year

        (vii) A theft or burglary offense for which term of imprisonment is at least one year;

       (viii) Ransom offenses including: using interstate communication to demand ransom or threaten kidnap; using mails to make threatening communications; making, threatening communications from foreign countries; receiving, possessing, or disposing of ransom money or property;

        (ix) Child pornography offenses;

        (x) RICO offenses for which a sentence of 1 year imprisonment or more may be imposed;

        (xi) Prostitution and slavery offenses;

        (xii) National defense offenses;

        (xiii) Fraud or deceit crimes in which the loss to the victim exceeds $10,000;

        (xiv) Income tax evasion where loss to the government exceeds $10,000;

        (xv) Alien smuggling;

        (xvi) Falsely making, forging, counterfeiting, mutilating or altering a passport, except if the person can affirmatively show that he or she committed the offense for the purpose of assisting, abetting or aiding his or her spouse, child or parent;

        (xvii)  Offense relating to commercial bribery, counterfeiting, forgery or trafficking in vehicles with altered ID numbers where the term of imprisonment is at least 1 year;

        (xviii) An offense relating to obstruction of justice, perjury or subordination of perjury or bribery of a witness;

        (xix) An offense relating to a failure to appear before a court pursuant to court order to answer or disprove a felony charge for which a sentence of 2 years imprisonment may be imposed;

        (xx) Any attempts or conspiracy to commit any of these acts.

    (c) High Speed Flight. Any person convicted of relating to high speed flight from an immigration checkpoint

    (d) Drug Related Offenses

        (i) At any time after entry the alien is a narcotic/drug addict or abuser;

        (ii) Convicted of a violation or conspiracy to violate any law relating to a controlled substance (though it is not a deportable offense for someone to be convicted of a single offense involving possession for one's own use of 30 grams or less of marijuana);

    (e) Domestic Violence, Stalking & Protective Order Violations. A conviction at anytime after admission for:

        (i) Domestic violence;

        (ii) Stalking;

        (iii) Child abuse;

        (iv) Child neglect;

        (v) Child abandonment.

If advice is needed, you may contact the INS District Office near your home for a list of non-profit organizations that may be able to assist you. Go see an immigration attorney, especially if the order of removal is based on a criminal conviction. There are some forms of relief available in immigration court.

What can the Immigration Judge do in a deportation hearing?

You may be able to get your friend/relative released if you post a bond for them. A bond is a contract between the person posting the bond (the obligor) and the INS. INS will send the obligor an INS Form I-340. If the alien does not show up for INS interviews or depart the country on time, the person posting the bond will have breached the contract with INS and may lose the money paid for the bond. There is no set time INS can keep them in custody. They could keep them for life.

Immigrants who pled guilty to crimes before enactment of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) are eligible to apply for a waiver of deportation.

There is also a waiver of removal based on "Refugee Status" To qualify as a refugee, you must prove that you meet the Immigration and Nationality Act's definition of refugee. Generally, refugees are people who were persecuted in their homelands or have a fear of persecution there on account of race, religion, nationality, membership in a particular social group, or political opinion.

Under the Violence Against Women Act (VAWA) the spouses and children of U.S. citizens or lawful permanent residents may self-petition to obtain lawful permanent residency.

VAWA allows certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.

To be eligible to file a self-petition you must fall under one of these groups:

1) Spouse: If you are a battered spouse married to a U.S. citizen or lawful permanent resident.

2) Parent: If you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse.

3) Child: If you are a battered child (under 21 years old & unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent.

Requirements for the self-petitioning spouse:

1) You must be legally married to the U.S. citizen or lawful permanent resident batterer.

2) You must have been battered in the U.S. unless the abusive spouse is an employee of the U.S. Government or a member of the uniformed services of the U.S.

3) You must have been abused or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.

4) You are required to be a person of good moral character.

5) You must have been married in good faith, not just for the purpose of obtaining immigration benefits.

Requirements for the self-petitioning child:

1) You must qualify as the child of the abuser as "child" as defined in the INA for immigration purposes.

2) All relevant credible evidence that can prove the relationship with the parent will be considered.

Applying For Benefits

You must complete and turn in INS Form I-360 and include all supporting documentation. Self-petitions are filed with the Vermont Service Center and should be sent by certified return receipt mail. You can obtain forms at the INS office or by mail.

What is "Temporary Protected Status" and how can I qualify for it?

TPS is a temporary immigration status granted to eligible nationals of designated countries. TPS beneficiaries will not be asked to leave the U.S. and may obtain work authorization for the initial TPS period and for any extensions of the designation. Note that TPS does not lead to permanent resident status.

The Attorney General may designate a country for TPS whey they determine that:

1) There is a current armed conflict within the state and because of that conflict, return of nationals to that country would be a serious threat to their personal safety.

2) The country has suffered an environmental disaster which has left a temporary disruption of living conditions and the country is temporarily unable to handle adequately the return of its citizens.

3) There are other extraordinary and temporary conditions in the country that prevents its citizens from returning in safety.

A TPS period will be effective for a minimum of 6 months and a maximum of 18 months.

Eligibility

1) If you are a citizen of a country designated by the Attorney General for temporary protected status.

2) If you apply for TPS during the specified registration period.

3) If you have been continuously physically present in the U.S. since the temporary protected status designation began, or since the effective date of the most recent re-designation.

4) If you have continuously resided in the U.S. since a date specified by the Attorney General.

5) If you are admissible as an immigrant and are not otherwise ineligible for TPS.

Applying for TPS

You must complete INS Form I-821 and submit a filing fee, evidence of identity and nationality, proof of residence, two identical color photos, and, if you are age 14 or older, a fee for fingerprinting.

If you are 14-65 and want employment authorization, you should also fill out and turn in INS Form I-765 with the corresponding fee.

If you are granted TPS, you must re-register with the INS for each period that your TPS benefits are extended. To re-register, submit a completed INS Form I-821 and Form I-765 during the time stated in the Federal Register notice of extension of the TPS designation. You will not have to send in another fee for Form I-821, but you will have to pay a fee for Form I-765 if you are ages 14-65 and are requesting employment authorization. NOTE: If you do not re-register each period, your TPS will be withdrawn.

Traveling

If you are granted TPS you must remain continuously physically present in the U.S.