5 Requirements to be a United States Citizen

5 Requirements to be a United States Citizen

The 5 Requirements to be a United States Citizen

 

To become a citizen of the United States, there are five main requirements that must be met. These requirements are set forth by the U.S. Citizenship and Immigration Services (USCIS) and are:

 

  1. Legal Permanent Residency: To become a U.S. citizen, an individual must first be a legal permanent resident, also known as a green card holder. This means that they have been granted the right to live and work in the U.S. permanently.
  2. Continuous Residency: In order to be eligible for U.S. citizenship, an individual must have lived in the U.S. as a permanent resident for a specific period of time. For most applicants, this period is five years, although there are some exceptions for certain individuals who are married to U.S. citizens or who have served in the U.S. military.
  3. Physical Presence: In addition to the continuous residency requirement, an individual must also demonstrate physical presence in the U.S. during the required period of time. This means that they must spend a certain amount of time physically in the U.S. and not outside of the country for extended periods of time.
  4. Good Moral Character: To be eligible for U.S. citizenship, an individual must demonstrate good moral character. This includes not having a criminal record, paying taxes, and not engaging in other activities that are considered morally or ethically questionable.
  5. Knowledge of English and U.S. Civics: Finally, an individual must demonstrate a basic knowledge of English and U.S. Civics in order to become a U.S. citizen. This includes the ability to read, write, and speak English, as well as a basic understanding of U.S. history and government.

 

Now we will explain each of these 5 requirements to be a United States Citizen in more detail

 

Legal Permanent Residency

 

The ways to obtain a green card (legal permanent residency) in the United States are:

 

  • Family Sponsorship: A close relative who is a U.S. citizen or legal permanent resident can sponsor you for a green card.
  • Employment as an Employee: If you have a job offer from a U.S. employer and the employer is willing to sponsor you for a green card.
  • Asylum or Refugee Status: If you are afraid to return to your home country due to persecution or fear of harm you may be eligible for asylum or refugee status in the U.S.
  • Diversity Visa Program (Green Card Lottery): The Diversity Visa Program offers a limited number of green cards each year to individuals from countries with low rates of immigration to the U.S.
  • Investment: If you invest a substantial amount of money in a U.S. business and create jobs for U.S. workers you can get a green card through the investment category.

 

Continuous Residency

 

Continuous residency is one of the requirements for eligibility for U.S. citizenship. To evidence continuous residency, an individual must demonstrate that they have lived in the U.S. as a legal permanent resident (green card holder) for a specific period of time without leaving the country for extended periods of time.

 

The specific rules regarding continuous residency are set forth by the U.S. Citizenship and Immigration Services (USCIS) and are:

 

  • Time Requirement: For most applicants, the continuous residency requirement is five years. This means that they must have lived in the U.S. as a legal permanent resident for five years prior to applying for citizenship. There are some exceptions for certain individuals who are married to U.S. citizens or who have served in the U.S. military.
  • Physical Presence: In order to meet the continuous residency requirement, an individual must also demonstrate physical presence in the U.S. during the required period of time. This means that they must spend a certain amount of time physically in the U.S. and not outside of the country for extended periods of time.
  • Absences from the U.S.: While meeting the continuous residency requirement, an individual may have short absences from the U.S., such as for vacation or business travel. However, extended absences, such as living abroad for an extended period of time, may break the continuous residency requirement and result in the individual having to start the five-year period over again.
  • Proof of Residency: To evidence continuous residency, an individual may need to provide documentation to the USCIS such as tax returns or utility bills that show their physical presence in the U.S. during the required period of time.

 

Physical Presence

 

Physical presence is an important element of the 5 requirements for individuals who are seeking to become U.S. citizens through the naturalization process. The physical presence requirement refers to the amount of time that an individual must spend physically present in the United States as a legal permanent resident (green card holder) prior to applying for citizenship.

 

The exact rules for physical presence are set forth by the U.S. Citizenship and Immigration Services (USCIS) and are:

 

  • Time Requirement: In order to meet the physical presence requirement, an individual must have been physically present in the U.S. for at least 30 months (2 years and 6 months) out of the five years preceding the date of their naturalization application.
  • Absences from the U.S: While meeting the physical presence requirement, an individual may have short absences from the U.S, such as for vacation or business travel. However, extended absences, such as living abroad for an extended period of time, may affect their ability to meet the physical presence requirement.
  • Continuous Residency: The physical presence requirement must be met in combination with the continuous residency requirement, which requires that an individual live in the U.S. as a legal permanent resident for a continuous period of time without leaving the country for extended periods of time.
  • Proof of Presence: To evidence physical presence, an individual may need to provide documentation to the USCIS such as passport stamps, airline tickets, or employment records that show their presence in the U.S. during the required period of time.

 

Good Moral Character

 

Good moral character (GMC) is one of the 5 requirements for individuals who are seeking to become U.S. citizens through the naturalization process. The GMC requirement is designed to ensure that individuals seeking citizenship are individuals of good reputation and are not involved in any illegal or unethical activities.

 

The exact rules for demonstrating good moral character are set forth by the U.S. Citizenship and Immigration Services (USCIS) and are:

 

  • Time Period: The USCIS considers an individual’s conduct and reputation during the five-year period preceding the date of their naturalization application, and in some cases, up to 10 years preceding the date of the application.
  • Criminal Conduct: An individual who has been convicted of a crime, especially a serious crime, may not meet the GMC requirement. The USCIS will consider the nature of the crime, the circumstances surrounding the crime, and the individual’s rehabilitation efforts when making a determination on GMC.
  • Habitual Drunkenness: Habitual drunkenness may negatively impact an individual’s ability to demonstrate GMC.
  • Illegal Activities: Illegal activities, such as drug trafficking, may also negatively impact an individual’s ability to demonstrate Good Moral Character.
  • Income Tax Compliance: An individual who has not fulfilled their tax obligations may not meet the Good Moral Character requirement.
  • Proof of Good Moral Character: To evidence good moral character, an individual may need to provide documentation to the USCIS such as police clearances, character references, and court records.
  • The USCIS considers all relevant factors when making a determination on good moral character, and there is no specific formula that can be followed to demonstrate GMC. Additionally, the USCIS may request additional information or evidence if needed.

 

Knowledge of English and U.S. Civics

 

Knowledge of English and U.S. Civics are two requirements for individuals who are seeking to become U.S. citizens through the naturalization process. The purpose of these requirements is to ensure that individuals seeking citizenship have a basic understanding of the English language and an understanding of the principles of the U.S. government and history.

 

English language proficiency is demonstrated by taking the English language test, which is administered by the U.S. Citizenship and Immigration Services (USCIS). The test measures an individual’s ability to read, write, and speak English.

 

Exceptions to the English language requirement may be made for individuals who are over 50 years old and have lived in the U.S. as a legal permanent resident for 20 years or more, or individuals who are over 55 years old and have lived in the U.S. as a legal permanent resident for 15 years or more.

 

The U.S. Civics test measures an individual’s knowledge of U.S. history and government. The test consists of ten questions, selected from a list of 100 questions, which are asked orally during the naturalization interview. An individual must correctly answer at least six of the ten questions to pass the test.

 

Exceptions to the U.S. Civics test may be made for individuals who have a physical or developmental disability or a mental impairment that affects their ability to learn and remember information.

 

To evidence their knowledge of English and U.S. Civics, individuals must take and pass both tests as part of the naturalization process. The USCIS will provide information on the exact test format and content, as well as study materials to help individuals prepare for the tests.

 

It is important to note that the USCIS may provide additional information or support to individuals who are struggling to meet the language and Civics requirements, including referrals to English language classes and Civics courses. It is always a good idea to take a Free Visa Assessment to help work out your options.

Summary

 

In conclusion, the 5 requirements to be a United States Citizen are critical components in the naturalization process. Understanding the criteria for Good Moral Character, Continuous Residency, Physical Presence, Knowledge of English and U.S. Civics, and how to evidence each requirement is crucial in successfully navigating the path towards U.S. citizenship. Whether you are just starting your journey or are in the final stages of the process, it is important to have a clear understanding of these 5 requirements to ensure a smooth and successful outcome.

 

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Subject Matter Expert at Migration Made Simple | Website | + posts

Jacqueline Chow is an international immigration and visa expert with over 15 years of experience in the field. With a background in law and a passion for helping people, Jacqueline has built a reputation as a trusted and reliable source of information and advice on all aspects of immigration and visas. She has worked with clients from all over the world, including high-net-worth individuals, professionals, skilled workers and families. As a sought-after speaker and commentator Jacqueline has been featured in various media outlets and has given talks on immigration and visas at conferences and events around the world.