Naturalization
You can obtain citizenship in the United States through birth in the U.S., birth
to U.S. Citizen parents, naturalization, or through the naturalization of
parents. We are specifically concerned here with issues of naturalization.
In order to obtain citizenship in the United States through naturalization, it
is first necessary to obtain permanent residency. Permanent residents are not
required to become U.S. Citizens, but may choose to become naturalized U.S.
citizens if they meet certain requirements. The requirements for citizenship
include the following:
- Individuals must maintain Permanent Residency for five years (three years
for the spouses of U.S. citizens) and continuous residence to the date of
naturalization and intent to reside permanently in the U.S.;
- Maintain physical presence in the U.S. for a minimum of thirty (30) months
during the five years prior to the submission of the application for
naturalization (eighteen months for spouses of U.S. citizens) without a
continuous absence of one year or more (unless a Reentry Permit is applied
for and approved by USCIS);
- Have the ability to speak, read and write English;
- Must have a basic knowledge and understanding of the history and
government of the United States;
- Establish good moral character and support of the principles of the U.S.
constitution. The individual must also be willing to take the full oath of
allegiance to the United States.
There are exceptions to the above listed requirements, including the following:
The ability to read, speak and write English is not required of four classes of
applicants:
- Individuals who are physically unable to comply because of a disability;
- Individuals who are unable to comply because of a developmental disability
or mental impairment;
- Individuals over fifty years of age who have lived in the United States
for twenty years as Permanent Residents; and
- Individuals over fifty-five years of age who have lived in the United
States for fifteen years since becoming Permanent Residents.
In some situations the minor children of naturalized citizens derive U.S.
citizenship through the naturalization of their parent or parents, and it is
possible for a U.S. citizen to file a naturalization application for a minor
child (under 18 years - this benefits adopted children and children born outside
the U.S. who did not acquire U.S. citizenship at birth) and some children who
have U.S. citizen grandparent(s) may be eligible for naturalization (parents
cannot transmit citizenship).
The naturalization process has become very lengthy with current backlogs of up
to two years in some regions.
J-1 Exchange Visitors
These are scholars or students who have entered the U.S. on a program sponsored by the U.S. government, a foreign government, or other entity. They enter temporarily to participate in a program recognized by the Secretary of State for the purpose of teaching, studying, observing, conducting research, consulting, or receiving training. J-1 exchange visitors may work provided that the employment is within the purview of their J-1 programs and permission is obtained from their sponsors. After receiving a degree or certificate from a U.S. institution, a J-1 exchange visitor may be granted practical training up to a maximum of 18 months.
Some J-1 exchange visitors may be subject to the two year foreign residency requirement imposed by Section 212(e) of the Immigration and Nationality Act.
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