Citizenship

A person can acquire United States citizenship in a number of ways.

• In general, a person who is born in the United States is automatically a U.S. citizen
• In certain situations, if you weren't born in the United States, you can petition the Bureau of Citizenship and Immigration Services (previously INS) for a certificate of citizenship showing that you derived citizenship at birth from a United States citizen parent or grandparent who was living abroad. Depending upon the circumstances and whether you are legally residing in the United States, you may get a certificate of citizenship even if your parent or grandparent wasn't a U.S. citizen at the time you were born abroad, but later became a U.S. citizen.
• The most common way for a person not born in the United States to become a U.S. citizen is through the naturalization process.

Naturalization

To petition for naturalization, you must meet certain eligibility requirements. In general:

• You must be a lawful permanent resident ("green card" holder), who has had a "green card" for at least five years, and be at least 18 years of age. However, a "green card" holder who is married to a United States citizen can petition for naturalization after just three years if:
  • Your spouse has been a United States citizen for at least three years
  • You've been married at least three years
  • You actually live together
• You must also be physically present in the United States for at least half of the five (or three) years that you've been a lawful permanent resident
• You must also reside continuously in the United States from the date the petition is filed until citizenship is obtained. Although a lawful permanent resident is allowed to leave and re-enter the country, absences beyond six months can break the period of continuous presence required for citizenship.
• You must show good moral character and demonstrate that there is no reason you should be barred from becoming a citizen. For example, a person who has been convicted of murder, an aggravated felony, drug-related offenses, or certain other crimes may be ineligible to become a United States citizen. Other acts making a person ineligible for citizenship include the willful failure to pay child support or the failure to file tax returns.
• You're required to pass an exam demonstrating competence in English, knowledge of basic American history, and how the United States is governed. People exempt from the exam requirements include:
  • Persons over 50 years of age who have resided in the United States for 20 continuous years after obtaining green cards
  • Persons over 55 years of age who have lived in the United States continuously for 15 years after obtaining green cards

New Laws

In 1996, Congress enacted two new laws affecting immigration and welfare, making it impossible for most non-citizens to receive most public benefits. In fact, the receipt of public benefits by non-citizens can affect an immigrant's chances of becoming a citizen in the future.

Andrew M. Wilson is an immigration attorney practicing in New York. He is a member of the Serotte Reich & Wilson, LLP firm, and can be reached at awilson@srwlawyers.com .

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