Our Practice Areas

Naturalization

Feng Law Office

Naturalization

Naturalization is the legal process through which a foreign national can become a citizen of the United States. This process is typically pursued by lawful permanent residents (green card holders) who meet certain eligibility requirements and wish to obtain full U.S. citizenship. Becoming a naturalized citizen grants individuals all the rights and responsibilities of U.S. citizenship, including the right to vote, run for public office (with some exceptions), obtain a U.S. passport, and receive protection from deportation.

Key Steps in the Naturalization Process

1. Eligibility Requirements: To apply for naturalization, applicants must meet several key requirements, including:
  • Being at least 18 years old.
  • Having held a green card for a minimum of 5 years (or 3 years if married to a U.S. citizen).
  • Demonstrating continuous residence and physical presence in the U.S.

– The applicant must have been physically present in the U.S. for at least 30 months (or 18 months if married to a U.S. citizen) within the 5-year period (or 3-year period if married to a U.S. citizen) before applying for naturalization.

– Extended trips outside the U.S. (especially those lasting 6 months or more) may disrupt continuous residence unless the applicant can prove that they maintained ties to the U.S. during their absence.

  • Showing good moral character (see below).
  • Having a basic knowledge of English and U.S. civics.
2. Filing Form N-400: The naturalization process begins with filing Form N-400, Application for Naturalization. This form requires applicants to provide personal information, details of their residency, employment, and any criminal history.
3. Biometrics Appointment: After submitting Form N-400, applicants may be required to attend a biometrics appointment where their fingerprints, photograph, and signature are taken for background checks.
4. Naturalization Interview and Test: Applicants must attend an interview with a USCIS officer, during which they will answer questions about their application and background. They will also take a naturalization test, which assesses their knowledge of English and U.S. civics.
5. Oath of Allegiance: If the application is approved, the final step is the Oath of Allegiance ceremony. During this ceremony, the applicant pledges loyalty to the United States and renounces allegiance to any other country. After taking the oath, the individual officially becomes a U.S. citizen and receives a Certificate of Naturalization.

Good Moral Character (GMC)

To meet the good moral character (GMC) requirement for naturalization, an applicant must demonstrate that they have been, and continue to be, a person of good moral character during the statutory period prior to filing the application and up until taking the Oath of Allegiance. Generally, the statutory period is 5 years (or 3 years if married to a U.S. citizen) immediately preceding the application for naturalization.

Certain crimes permanently bar an applicant from establishing GMC, including:

  • Murder
  • Aggravated Felony
  • Persecution, genocide, torture, or severe violations of religious freedom

Regardless of whether these crimes occurred during the statutory period, applicants will be permanently disqualified from naturalization. Other offenses can conditionally bar an applicant from establishing GMC if they occur during the statutory period, such as:

  • Crimes involving moral turpitude (CIMTs), such as theft, fraud, and violent crimes
  • Conviction of two or more offenses with combined sentence of 5 years or more
  • Controlled substance violations (except for simple possession of 30g or less of marijuana)
  • Incarceration for 180 days or more
  • False testimony for the purpose of obtaining immigration benefits
  • Prostitution offenses
  • Smuggling of a person
  • Habitual drunkenness or alcoholism: a pattern of alcohol abuse, particularly if it has led to criminal convictions like DUI
  • Polygamy
  • Failure to support dependents
  • Gambling offenses
  • Adultery

Certain behaviors or unlawful actions may also indicate a lack of good moral character and, therefore, lead to the denial of your naturalization application. For example,

  • Evasion of taxes
  • Failure to register for selective service (for men aged 18-26)
  • False claims to U.S. citizenship
  • Unlawful registration to vote

These are some of the behaviors that can lead to a finding that you lack good moral character for the purposes of naturalization. If you have any concerns about your history and how it may affect your application, it is advisable to consult with an immigration attorney before applying.

Scroll to Top