NATURALIZATION AND CITIZENSHIP      back to list

Permanent residents may apply to become naturalized U.S. citizens after the passage of a specified number of years, provided that physical residence requirements have been met. For permanent residents married to U.S. citizens, the required period is three years, as long as during the entire three-year period, the U.S. citizen spouse has been a U.S. citizen and the couple has been living together. For most other permanent residents, the required period of permanent residency is five years. Different rules apply to those seeking citizenship based on military service.

All applicants for naturalization must appear for an interview with the USCIS, during which they will be tested on English skills and knowledge of U.S. history. In addition, an officer will closely scrutinize the application for naturalization and may question the applicant to make sure that the applicant possesses the required "good moral character." As part of an effort to redesign the naturalization exam, U.S. Citizenship and Immigration Services has begun using a pilot naturalization exam in 10 cities. The new exam is designed to provide a more meaningful and uniform evaluation of an applicant's knowledge of civics and U.S. history.

U.S. citizenship offers many benefits. These include:

. The elimination of legal obligations under the Immigration and Nationality Act imposed on non-citizens and of a non-citizen's potential exposure for immigration violations that apply to foreign nationals,
. Eligibility to participate fully in activities that form an essential part of the democratic process (the right to vote in federal, state and municipal elections, to serve on juries, to hold political office, and to contribute to political campaigns),
. The ability to apply for and hold government or defense-related jobs that require high-level federal or state security clearances or are essential to national defense and therefore require U.S. citizenship as a prerequisite to employment,
. The ability to sponsor family members for entry to the U.S. more quickly as "immediate relatives,"
. The ability to extend the benefit of U.S. citizenship to children born abroad
. The right to travel throughout the world using a U.S. passport.

Permanent residents should carefully consider applying for naturalization, taking into consideration all pitfalls in the process. Possible obstacles to obtaining U.S. citizenship include a criminal history, failure to register for selective service, failure to file income taxes, undiscovered prior immigration violations and many other issues. Paparelli & Partners LLP has significant expertise in both straightforward and complex naturalization cases, including appeals of adverse decisions, and will guide you through the entire naturalization process.

Some individuals become U.S. through operation of law, rather than through an application for naturalization. For example, certain children of U.S. citizens born abroad automatically obtain U.S. citizenship upon the completion of qualifying events. These individuals do not have to apply for naturalization, but instead can apply for a certificate of citizenship from the USCIS or for a U.S. passport from the U.S. Department of State. Paparelli & Partners LLP also provides legal analysis and representation on these types of citizenship matters.