Becoming a U.S. Citizen

For Thai Voice Newspaper – July 2010

For many U.S. permanent residents, the question of whether to become a U.S. citizen involves a measure of uncertainty, some of it tied up in emotion, but part of it tied to lack of knowledge of the law. For many “green card” holders, though, applying to become a U.S. citizen is the right decision to make for a variety of reasons.

I am reminded of the advantages of becoming a U.S. citizen each time I recall a case of a man who had been a permanent resident in the U.S. for nearly 20 years, grown up here, gone to school here, had all of his family here and then was convicted of a relatively minor crime. In a long, costly and emotionally difficult proceeding, he was placed in the deportation process and eventually ordered deported. Had he become a citizen at any point after he was eligible and before he was convicted of a crime, those proceedings and the emotional and financial pain he and his family endured, never would have occurred. That is just one of the advantages of become a citizen.

Applying to become a U.S. citizen is a relatively straightforward process, assuming you meet the criteria for citizenship and you are willing to undergo a criminal background check. For most people, meeting the criteria means that:

—    you’ve been permanent residents for at least five years (three years if married to a U.S. citizen),

—    are at least 18 years of age,

—    have lived in the district where you file your citizenship application (Form N-400) for at least three months

—    and have been physically present in the U.S. for at least half of your time as a permanent resident (2 ½ years for most, 1 ½ years if married to a U.S. Citizen.

The background check essentially consists of fingerprinting and providing information about your travels (or presence) outside of the U.S. over the course of the last five years.

Once you have met these criteria, you must also be found to be of “good moral character”, meet an English literacy test, pass a civics test and be willing to uphold the principles of the U.S. Constitution through an “oath of allegiance”. For most people, the tests are relatively simple and require only a general knowledge of English and U.S. history and government process. The Immigration office provides background information to study for the both the English language and U.S. history and government process tests at www.uscis.gov. If you fail either or both of the tests, you will be given a second chance to pass them within 90 days. If, however, you fail a second time, your application will be denied. Those aged 50 and over and have been a permanent resident for at least 20 years are exempt from the English language requirement, as are those aged 55 and older who have been permanent residents for at least 15 years.

The exception to those who are encouraged to apply for citizenship, are people who might have been convicted of a crime at some point and those who might have been outside of the U.S. for more than six months in the five years leading up to their application. Generally, only more serious crimes and time outside of the U.S. of more than one year are considered as bars to becoming a U.S. citizen, but there are exceptions. If you have spent between six months and one year outside of the U.S. you have presumed to have abandoned your permanent residency, but you can rebut that with proof that you had no intention to abandon that status. And some less serious crimes (misdemeanors) have also been considered to be barring someone from showing they are of “good moral character” and preventing them from becoming a citizen – and possibly deported. It is best that you speak to an attorney in either of those cases, because the consequences of either can mean not just having your application denied, but being placed under deportation proceedings.

But certainly for most, the advantages to becoming a U.S. citizen are numerous. It will allow you to travel freely outside of the U.S., apply for certain government jobs, vote in all elections and, of course, avoid the hardship of being placed under deportation proceedings.

Kevin P. Leathers is an attorney admitted in the State of New York and Federal courts. But please be reminded that the information contained in this article is meant as only general information and not as legal advice or a legal opinion. You are strongly encouraged to contact an immigration attorney for more specific information regarding your particular circumstances.