A Legal Permanent Resident, (Green Card Holder), of the United States may apply for Naturalization and become a United States Citizen. Permanent Residents may apply for Citizenship if they have met the following:

1. must be a Lawful Permanent Resident for five years and have spent at least half of that time in the U.S.; absence for longer than one year restarts the counting period;
2. if Permanent Residency was attained through marriage to a United States Citizen then an application can be submitted in three years. However, the U.S. Citizen spouse must have been a U.S. Citizen for that three year period, at least half of the three year period must have been spent within the U.S.; absence for longer than a year restarts the counting period;
3. be 18 years old and be able to read, write, and speak simple English and have a basic understanding of U.S. history & civics( exceptions apply);
4. has been physically present in the U.S. for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant’s continuity of residence unless the applicant can establish that her or she did not abandon his or her residence during that period; and
5. during the required time period of residence, have been and still be a person of good moral character.

The Following Persons cannot have Good Moral Character if during the last five years he or she:

1. 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;
2. has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more;
3. 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;
4. has committed and been convicted of two or more gambling offenses;
5. is or has earned his or her principle income from illegal gambling;
6. is or has been involved in prostitution or commercialized vice;
7. is or has been involved in smuggling illegal aliens into the United States;
8. is or has been a habitual drunkard;
9. is or has practiced polygamy;
10. has willfully failed to support dependents or refuses to support dependents;
11. has given false testimony, under oath, in order to receive a benefit under the Immigration laws;
12. is or has been a member of the Nazi Party;
13. has been convicted of committing an aggravated felony (crime of violence involving a term of actual imprisonment exceeding one year) after November 20th, 1990;
14. has not registered for the selective service;
15. committed one or more crimes involving moral turpitude.

Criminal Convictions for a serious crime as noted above can prevent an alien from becoming a U.S. Citizen and can actually act to initiate Removal Proceedings. Convictions for Crimes of Moral Turpitude (CMT) can subject one to removal if the crime was committed within five years after the date of last entry into the U.S. for which a sentence of a year or more could have been imposed regardless what was actually imposed. There is a Petty Offense Exception for one CMT as long as the sentence of imprisonment was six months or less and the offense has a maximum possible sentence of one year or less.

Convictions can include deferred judgments and adjudications, such as pre-trial intervention where a finding of guilty is deferred, pending the completion of a period of probation. USCIS will request that the aliens obtain a Certified Court Copy of any convictions and they will request a CIA fingerprint check. Therefore all convictions no matter how minor must be disclosed and carefully reviewed prior to filing an application for citizenship.

After the application is filed, an interview will be scheduled. There are two steps to the interview: the oral test and the written test. During the oral test the Bureau of Citizenship and Immigration Service Officer will ask questions about American History. The written test concerns the ability to read, speak, write, and understand English. Lawful Permanent Resident who have been residing in the U.S. for at least 15 years and who are over the age of 55, or, who have been residing in the United States for over 20 years and who are over the age of 50 may be examined in their native language. Applicants who can medically show a mental or physical disability are also exempt.

For more information about the test click here.

DUAL CITIZENSHIP

The U.S. does not require a person to choose one citizenship over another and allows dual citizenship. However, a person who thereafter acquires foreign citizenship who voluntarily, by free choice, renounces his U.S. Citizenship, will lose it. Dual nationals must use their U.S. passports to enter the U.S. and they may use their foreign passport to enter and leave that country. Use of a foreign passport will not endanger U.S. Citizenship.