How to Become a U.S. Citizen: The Conditions and Process Explained

Becoming a U.S. citizen is an important milestone that offers numerous rights and privileges, including the ability to vote and apply for a U.S. passport. For lawful permanent residents (Green Card holders) who meet specific requirements, naturalization is the path to citizenship. This article provides a comprehensive overview of the key conditions, the application process, and important documentation requirements, including when translation services are necessary.

Who Can Apply for U.S. Citizenship?

To apply for U.S. citizenship, individuals must first hold lawful permanent resident (LPR) status, typically signified by possessing a Green Card. Along with this status, applicants must fulfill several other prerequisites:

- Age Requirement: You must be at least 18 years old when filing Form N-400, Application for Naturalization.

- Residency: You must have lived as a permanent resident in the U.S. for at least five years, or three years if married to a U.S. citizen.

- Physical Presence: You must have been physically present in the U.S. for at least 30 months out of the last five years, or 18 months if you qualify based on marriage to a U.S. citizen.

- State Residency: You must have lived in the state or USCIS district where you are filing for at least three months.

Additionally, in specific cases, individuals who had one parent with U.S. citizenship before turning 18 may already qualify for citizenship through their parent. Such individuals may need to file Form N-600 to confirm their citizenship status.

General Conditions for Citizenship

Beyond residency, applicants must meet additional conditions to proceed with naturalization:

• Good Moral Character: Applicants must demonstrate good moral character, which generally means not having committed any serious criminal offenses.

• English Language and Civics Knowledge: Most applicants must pass an English language test and a U.S. civics test. There are, however, exemptions to this rule, which we will cover in the following section.

• Oath of Allegiance: Applicants must be willing to take an Oath of Allegiance to the United States, affirming their loyalty to the Constitution and the country.

Exemptions from the English and Civics Exams

While many applicants must pass the English and civics tests, certain individuals may qualify for exemptions based on age, residency, or disability:

• Age and Residency Exemptions: Individuals who are over 50 years old and have been permanent residents for 20 years, or those over 55 years old who have been permanent residents for 15 years, may take the civics test in their native language without having to complete the English language portion.

• Disability Exceptions: If an individual has a mental or physical disability that prevents them from learning English or civics, they may file Form N-648, which requires a doctor to certify their exemption.

Factors that Could Delay or Deny Your Application

Certain factors can delay or even prevent you from becoming a U.S. citizen:

- Extended Travel: If you have spent more than 180 consecutive days outside the U.S. during your required residency period, this could raise issues. Extended absences of over a year can create the presumption that you have abandoned your residency.

- Unpaid Taxes: Failure to file or pay your taxes can negatively affect your application. It is advisable to bring tax returns for the past five years (or three years if applying based on marriage to a U.S. citizen) to your naturalization interview.

- Criminal Records: Any criminal history, even arrests that did not result in charges, could impact your application. Be sure to bring all court records related to any legal incidents to your interview.

The U.S. Citizenship Application Process

The naturalization process involves several key steps:

• File Form N-400: The first step is to file the Application for Naturalization, either online or by mail.

• Biometrics Appointment: After submitting your application, USCIS will schedule a biometrics appointment to collect your fingerprints and other identifying information.

• Attend the Citizenship Interview: During your interview, a USCIS officer will review your application and conduct the English and civics exams (unless you qualify for an exemption).

• Take the Oath of Allegiance: Once you pass the interview and exams, you will be scheduled for an oath ceremony. After taking the Oath of Allegiance, you will officially become a U.S. citizen.

Required Documents for Naturalization and Translation Needs

When applying for naturalization, it is important to submit all necessary supporting documents along with Form N-400. USCIS requires that all documents not originally in English be translated, as they do not accept documents in other languages.

At Akalan Law Firm PLLC, we have guided many clients through this process and have identified certain documents that often require translation. These commonly include:

• Marriage certificates

• Divorce decrees

• Birth certificates of children

• Military records

• Court dispositions

Since these documents are critical to the naturalization process, it is essential to use a professional and reliable translation service. Ensuring that translations are accurate and meet USCIS standards can prevent unnecessary delays and complications.

Conclusion

The path to U.S. citizenship is a rewarding journey that offers many rights and opportunities. By ensuring that you meet the necessary conditions and prepare the required documentation, you can navigate the process smoothly.