Naturalization
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Naturalization is the process by which an individual born in another country becomes a citizen of the United States. These individuals are referred to as naturalized citizens. The process is primarily governed by the Immigration and Nationality Act of 1952 and its amendments.[1]
In general, only lawful permanent residents of the United States are eligible for naturalization. The naturalization process involves a series of steps, including a federal investigation, an interview, and English and civics tests. The law specifically bars certain individuals from naturalization, including anarchists, communists, and advocates of the forceful overthrow of the U.S. government.[1]
Process
The naturalization process is primarily governed by the Immigration and Nationality Act of 1952. According to U.S. Citizenship and Immigration Services, "[t]he Act has been amended many times over the years, but is still the basic body of immigration law."[2][3]
Under the law, an immigrant wishing to become a naturalized U.S. citizen must first enter the country as a legal permanent resident. Permanent residents receive documentation, commonly referred to as Green Cards, as proof of their status. After five years as a Green Card holder, a legal permanent resident may apply for United States citizenship if he or she meets the remaining eligibility requirements.[4][5]
Eligible individuals must complete and submit an application along with two identifying photographs, legal documents (e.g., proof of residency), and fingerprints. The applicant is then investigated by the federal government. Investigations may include visits to the individual's place of employment and interviews with people he or she knows. The applicant must also attend an interview and take tests on the English language and American civics.[6][7]
If the applicant successfully completes these steps, he or she must then take an oath of allegiance to the United States. The oath of allegiance ceremony also involves returning his or her Green Card and answering final questions about his or her activities since the interviews. The oath of allegiance is the final step before becoming a naturalized United States citizen.[7][8]
The law describes expeditious processes for (1) certain children born outside of the United States to citizen parents, but who are not eligible for birthright citizenship, and (2) non-citizen children who are residing in the United States with citizen parents.[9][10]
Eligibility requirements
Immigrants must meet a number of eligibility requirements in order to apply for naturalized citizenship. An candidate for naturalization must be
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Applicants must also demonstrate "attachment to the principles of the Constitution" and a "favorable disposition to the United States." These requirements may be demonstrated through the civics test and the oath of allegiance.[7]
The law specifically excludes the following individuals from eligibility for naturalization:[1]
- anarchists
- individuals affiliated with communist or totalitarian organizations
- advocates of assassination of government officials
- advocates of the forceful overthrow of the U.S. government
- advocates of property damage
- advocates of sabotage of the United States
Immigrants who are members of the United States military and who desert their post are also barred from naturalization.[12]
See also
Footnotes
- ↑ 1.0 1.1 1.2 U.S. Citizenship and Immigration Services, "INA: Act 313 - Prohibition upon the Naturalization of Persons Opposed to Government or Law, or Who Favor Totalitarian Forms of Government," accessed December 18, 2016
- ↑ United States Government Publishing Office, "Public Law 414," accessed December 18, 2016
- ↑ U.S. Citizenship and Immigration Services, "Immigration and Nationality Act," accessed December 18, 2016
- ↑ U.S. Citizenship and Immigration Services, "INA: Act 316 - Requirements as to the Residence, Good Moral Character, Attachment to the Principles of the Constitution, and Favorable Disposition to the United States," accessed December 18, 2016
- ↑ American Immigration Council, "How the United States Immigration System Works," August 12, 2016
- ↑ U.S. Citizenship and Immigration Services, "INA: Act 335 - Investigation of Applicants; Examinations of Applicants," accessed December 18, 2016
- ↑ 7.0 7.1 7.2 7.3 FindLaw, "The Basics of Naturalization," accessed December 18, 2016
- ↑ U.S. Citizenship and Immigration Services, "INA: Act 312 - Requirements as to Understanding the English Language, History, Principles, and Form of Government of the United States," accessed December 18, 2016
- ↑ U.S. Citizenship and Immigration Services, "INA: Act 322 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship," accessed December 18, 2016
- ↑ U.S. Citizenship and Immigration Services, "INA: Act 320 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired," accessed December 18, 2016
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ U.S. Citizenship and Immigration Services, "INA: Act 314 - Ineligibility to Naturalization of Deserters from the Armed Forces of the United States," accessed December 18, 2016
