Naturalization is ordinarily available to persons who have been lawful permanent residents for at least five years. The period of lawful permanent residence is reduced to three years for the spouse of a U.S. citizen and also in certain other circumstances.

To become a U.S. citizen, one will have to go through the naturalization process. To qualify, one must meet various requirements:

• be at least 18 years old (see INA § 334(b));
• be a Lawful Permanent Resident (“LPR”) (see INA § 318);
• maintain permanent residency in the U.S. for five years (see INA § 316(a)) (three years if the person is married to a U.S. citizen) (see INA § 319(a));
• remain in the U.S. for half of the three or five year time period;
• not have substantial periods of time outside the U.S. that would show the USCIS that there was a break in continuous residency (see INA § 316);
• have an ability to read, write and speak English (see INA § 312);
• have a knowledge and understanding of U.S. history and government (see INA § 312);
• have good moral character (see INA § 316);
• undergo an FBI check of their criminal record;
• have an attachment to the principles of the U.S. Constitution (see INA § 316); and
• have a favorable disposition toward the U.S., via taking an oath of allegiance to the U.S. (see INA § 337).

Regarding good moral character, an applicant must show that she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for eligible Armed Forces personnel) prior to filing for naturalization. Yet, when evaluating the person’s character, USCIS is not limited to this statutory period.

Specifically, an applicant is permanently barred from naturalization if she has ever been convicted of murder. Additionally, an applicant is permanently barred from naturalization if she has been convicted of an aggravated felony, as defined in INA § 101(2)(43), on or after November 29, 1990. A person also cannot be found to be a person of good moral character if ,during the last five years, she:

• has committed and been convicted of one or more crimes involving moral turpitude;
• has committed and been convicted of two or more offenses for which the total sentence imposed was five years or more;
• has committed and been convicted of any controlled substance law, except for the single offense of simple possession of 30 grams or less of marijuana;
• has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more;
• has committed and been convicted of two or more gambling offenses;
• is or has earned her principal income from illegal gambling;
• is or has been involved in prostitution or commercialized vice;
• is or has been involved in smuggling illegal aliens into the U.S.;
• is or has been a habitual drunkard;
• is practicing or has practiced polygamy;
• has willfully failed or refused to support dependents; and
• has given false testimony, under oath, in order to receive a benefit under the INA.

USCIS provides a booklet that describes the naturalization process in detail. http://uscis.gov/graphics/services/natz/English.pdf

Application Procedures

The Application for Naturalization (Form N-400) http://uscis.gov/graphics/formsfee/forms/n-400.htm is submitted to the USCIS office that has jurisdiction over the applicant’s residence. Two photographs and a copy of the applicant’s green card must accompany the application. The USCIS will send notification to the applicant to proceed for fingerprinting a few months after receipt of the application.

An interview is usually scheduled within one year after the application is filed. At the interview, the applicant is tested on her basic understanding of English, as well as basic knowledge of U.S. history and government. If all is successful, a "swearing in" ceremony is scheduled, where the applicant has to take an oath of allegiance to the U.S. Citizenship is granted on the same day.

Losing Citizenship

Many people believe that once they become a citizen of the U.S., they will always remain so. In fact, this is not always the case, even for people who are U.S. citizens by birth.

There are seven basic ways in which U.S. citizenship can be lost:

1. Being naturalized in a foreign country, upon the person’s own application made after reaching 18 years of age;

2. Making an oath or other declaration of allegiance to a foreign country or division thereof, again, after reaching 18 years of age;

3. Serving in the armed forces of a foreign country if those armed forces are engaged in hostilities against the U.S., or if the person serves as an officer;

4. Working for the government of a foreign country if the person also obtains nationality in that country, or if to work in such a position requires an oath or other declaration of allegiance;

5. Making a formal renunciation of U.S. citizenship before a U.S. consular officer or diplomat in a foreign country;

6. Making a formal written statement of renunciation during a state of war, if the Attorney General approves the renunciation as not contrary to U.S. national defense; and

7. Committing an act of treason against the U.S., or attempting by force or the use of arms to overthrow the government of the U.S. Renunciation by this means can be accomplished only after a court has found the person guilty.

Each of these acts, however, to be the basis for the loss of U.S. citizenship, must have been performed voluntarily and with the intent for renouncing that citizenship. Until recently, this was not the case, and a renunciating act, regardless of its motive or intent, would lead to the loss of citizenship. In 1986, responding to a series of U.S. Supreme Court decisions holding that because U.S. citizenship is grounded in the Fourteenth Amendment to the Constitution—“All persons born … in the United States … citizens of the United States”—Congress cannot determine when a person loses her citizenship; only the person can. Accordingly, Congress amended laws dealing with the renunciation of citizenship to clarify that it can only be accomplished voluntarily and intentionally.

Government regulations state that there is a presumption in favor of retaining U.S. citizenship, but in practice, the State Department is likely to find renunciation occurred in almost every situation involving a qualifying act, especially in this post-September 11 era. In some cases, however, the intent to renounce citizenship will be obvious.

Example: Robert is a U.S. citizen. He recently became disillusioned with the U.S.’s involvement in the war in Iraq. Since he sympathized with the citizens of Iraq, he left the U.S. to join the fighting there—against the U.S. One of the renouncing acts against the U.S. is serving in the armed forces of a foreign country if those armed forces are engaged in hostilities against the U.S. Since Robert’s actions were voluntary, this action would likely lead to his loss of U.S. citizenship.

A formal written renunciation of citizenship made during war would be considered conclusive evidence of the intent to renounce U.S. citizenship. Other cases, however, are not so clear. For example, the U.S. allows dual citizenship. As such, in some cases it is possible to take an oath of allegiance or become naturalized in another country without losing U.S. citizenship. The critical factor is whether the act was intended to renounce U.S. citizenship. There are a number of reasons why a person would be naturalized in another country: (1) make it easier to obtain employment and other benefits or (2) secure family relationships.

In an increasingly international world, more and more people born in the U.S. grow up elsewhere. At some point in their lives, it is not unlikely that they will take an oath of allegiance to the country in which they live, or will seek employment with the government. These things can be done without any intention of renouncing U.S. citizenship. Even though the acts may be performed voluntarily, and even with the intent of obtaining a benefit, this does not mean that there was the intent to renounce citizenship. To ensure that there is the intent to renounce U.S. citizenship, consular officers are instructed to obtain an affidavit in which the person specifies that they committed the act with the intent of losing U.S. citizenship. Even with such a document, it is possible to successfully argue that one did not renounce her U.S. citizenship, but such cases are very time consuming and require substantial effort.

This concludes our discussion of immigration law. Given the breadth and complexity of the subject, these three chapters could only touch on some of the most important aspects of the topic to give you an overview of the process.