Frequently Asked Questions
1. How can I become a United States Citizen?
A person may become
a
Generally, people are
born
(1) By being born in
the
If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.
(2) Through birth abroad
to TWO
In most cases, you
are a
- Both your parents
were
- At least one of your
parents lived in the
- Your record of birth
abroad, if registered with a
(3) Through birth abroad
to ONE
In most cases, you
are a
- One of your parents
was a
- Your citizen parent lived at least 5 years in the United States before you were born; and At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*.
Your record of birth
abroad, if registered with a
*If you were born before
November 14, 1986, you are a citizen if your
If you are not a
Please refer to the Naturalization section available on this web site for a comprehensive discussion of naturalization requirements.
Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card). Click here to view a sample card..
Yes. You should always be honest with USCIS regarding all:
- Arrests (including those by police, Immigration Officers, and other Federal Agents);
- convictions (even if they have been expunged); and
- crimes you have committed for which you were not arrested or convicted.
Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident. It is extremely important that you tell USCIS about any arrest even if someone else has advised you that you are not required to do so.
Some people with disabilities need special consideration during the naturalization process. USCIS will make every effort to make reasonable accommodations in these cases. For example, if you use a wheelchair, we will make sure your fingerprint location is wheelchair accessible. If you are hearing impaired and wish to bring a sign language interpreter to your interview, you may do so. Asking for an accommodation will not affect your eligibility for naturalization. The USCIS makes decisions about making accommodations on a case-by-case basis.
The current USCIS filing fee for processing a naturalization application, as well as the fees for other applications, can be found by clicking here.
The time it takes to be naturalized varies from one local office to another. In 1997, in many places, it took over 2 years to process an application. The USCIS continues to improve the naturalization process. As of October 2001, the USCIS reported that it takes, on average, between 6 and 9 months to become naturalized.
After USCIS has received your application, we will notify you of the location where you should get fingerprinted.
Click on the menu button to the left, labeled "Check Case Status" and enter your file number.
It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so try not to change your original interview date. If an emergency arises and you absolutely cannot make your appointment, call us at the this law office and we can assist you in rescheduling. The NCSC will record the information, and pass it on to the local office, which will make the final decision whether to reschedule your appointment. If you miss your scheduled interview without notifying USCIS, the USCIS will "administratively close" your case. Unless you contact USCIS to schedule a new interview within 1 year after USCIS closes your case, they will deny your application. The USCIS will NOT notify you if we close your case because you missed your interview.
You become a citizen
as soon as you take the Oath of Allegiance to the
If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" that USCIS sent to you. You should send the notice back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send it to USCIS. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" to tell you the date of your ceremony.
There is an administrative review process for those who are denied naturalization. If you feel that you have been wrongly denied naturalization, our law office can request a hearing with an immigration officer.
In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new application and pay the fee again. You will also need to have your fingerprints and photographs taken again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test.
have my certificate?
You may get a new Certificate of Naturalization by submitting an "Application for Replacement Naturalization/Citizenship Document" to USCIS. Our law office can assist you in obtaining the proper documents.
Once we submit this form with the filing fee to your local USCIS office, it may take up to 1 year for you to receive a new certificate. If you have one, you may use your passport as evidence of citizenship while you wait for a replacement certificate.
No, you only need to renew your Permanent Resident Card when it expires.
A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child's birth, is considered a U.S. citizen at birth.
A child who is:
(a) born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child's birth, or (b)born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child's birth, or (c)adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met: (1) the child was lawfully admitted for permanent residence*; and (2) either parent was a United States citizen by birth or naturalization**; and (3) the child was still under 18 years of age; and (4) the child was not married; and (5) the child was the parent's legitimate child or was legitimated by the parent before the child's 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and (6) if adopted, the child met the requirements of section 101(b)(1)(E) or (F) and has had a full and final adoption; and (7) the child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and (8) the child was residing in the United States in the physical custody of the U.S. citizen parent.
If you and your child
meet all of these requirements, you may obtain a
*NOTE - Children who immigrate in the "IR-3" or "IR-4" categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.
**NOTE - The "one
A child who is regularly residing IN the United States can become a citizen of the United States only by meeting the requirements listed in the answer to Question 24 above. If a child regularly resides IN the United States and is not a lawful permanent resident, he or she cannot acquire citizenship automatically until he or she is granted lawful permanent residence. If a child who has been lawfully admitted for permanent residence fails to qualify for citizenship under the provisions of law, the child may apply for naturalization by filing after reaching 18 years of age, provided that he or she has the required 5 years of lawful permanent residence.
The child is under 18 years of age; and
The child is not married; and
The child regularly
resides outside the
The child is temporarily
present in the
The child is in legal
and physical custody of a parent who is a
The child is the
If adopted, the child meets the requirements of section 101(b)(1)(E) or (F) and had a full and final adoption; and either of the following is true:
The citizen parent has lived at least 5 years in the United States, and at least 2 of which were after the citizen parent's 14th birthday; or If the child's citizen parent has not lived in the United States for at least 5 years, 2 of which were after that parent's 14th birthday, the citizen parent currently has a parent (the child's grandparent) who: is also a U.S. citizen; and lived in the United States for 5 years, at least 2 of which were after the citizen grandparent's 14th birthday; and is still living at the time of the adjudication of the application and the taking of the Oath.
If the foregoing conditions
are met, the citizen parent can apply for a certificate of citizenship in behalf
of a legitimate or legitimated child using an "Application for Certificate of Citizenship"
or, in the case of an adopted child, an "Application for Certificate of Citizenship
on Behalf of An Adopted Child." If the citizen parent is relying on the grandparent's
physical presence in the
A person who became
a
A child who could have
been the beneficiary of an application filed through the procedure described above,
except for the death of a
The application must
be filed within five years of the death of the
The application must
be filed by either a
The child is under 18 years of age; and
The child is not married; and
The child regularly
resides outside the
The child is temporarily
present in the
The person in whose
legal and physical custody the child lives with outside the
The child was the
If adopted, the child meets the requirements of section 101(b)(1)(E) or (F) and had a full and final adoption; and
The citizen parent has lived at least 5 years in the United States, and at least 2 of which were after the citizen parent's 14th birthday; or If the child's citizen parent has not lived in the United States for at least 5 years, 2 of which were after that parent's 14th birthday, at the time of the citizen parent's death the citizen parent had a parent (the child's grandparent) who:
was also a
at the time of the
citizen parent's death had lived in the
Once all of the requirements
have been met, any
Selective Service registration allows the United States Government to maintain a list of names of men who may be called into military service in case of a national emergency requiring rapid expansion of the U.S. Armed Forces. By registering all young men, the Selective Service can ensure that any future draft will be fair and equitable.
Federal law requires
that men who are at least 18 years old, but not yet 26 years old, must be registered
with Selective Service. This includes all male non-citizens within these age limits
who permanently reside in the
We can file an Application for Replacement Naturalization Citizenship Document with your local office to replace the lost certificate.