Citizenship through Naturalization

Naturalization is how immigrants become citizens of the United States. If you wish to apply for naturalization, you should use the Application for Naturalization.If you want to apply for citizenship for a child who is under 18 years old, you should use the Application for Certificate of Citizenship or Application for Citizenship and Issuance of a Certificate under Section 322. For more information about applying for citizenship for your children call the Law Office of Robert L. Berlin at (904) 296-9474.Below, you will find a description of naturalization eligibility requirements. If you still have questions about your eligibility, you should consult the Law Office of Robert L. Berlin.

Time as a Permanent Resident

Permanent Residents are people who have “permanent resident” status in the United States as provided for under U.S. immigration laws. Permanent Residents are normally given Permanent Resident Cards, also known as “Green Cards.” (Note: These cards used to be called Alien Registration Cards.)In most cases, you must be a Permanent Resident for a certain number of years before you may apply for naturalization. But, it is not enough to be a Permanent Resident for the required number of years; you must also be in “continuous residence” during that time.Continuous Residence“Continuous residence” means that you have not left the United States for a long period of time. If you leave the United States for too long, you may interrupt your continuous residence.What if I was outside the United States between 6 and 12 months? If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise.What if I was outside the United States for 1 year or longer? In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit. If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous residence.If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.The continuous residence requirement does not apply to certain types of applicants, such as members of the U.S. Armed Forces serving during designated periods of conflict.Other provisions allow a few other types of applicants to remain abroad more than 1 year without disrupting their continuous residence status. To maintain their continuous residence while out of the country, these people must file an Application to Preserve Residence for Naturalization Purposes.Physical Presence in the United States“Physical presence” means that you have actually been in the United States. Most applicants must be physically present in the United States for a certain number of months to be eligible for naturalization.What is the difference between “physical presence” and “continuous residence”? Physical presence concerns the total number of days you were in the United States during the period required for your naturalization. Continuous residence concerns the time you resided lawfully in the United States without any single absence long enough to “break” that continuity for naturalization purposes.When counting the total number of days you have been out of the country, include all trips you have taken outside the United States. This includes short trips and visits to Canada and Mexico. For example, if you go to Canada for a weekend, you must include that trip when you are counting how many days you have spent out of the country. Generally, partial days spent in the United States count as whole days spent in the United States.Certain types of applicants may count time abroad as time physically present in the United States. An example of this exception is an applicant who is abroad in the employment of the U.S. Government.Time as a Resident in a USCIS District or StateMost people must live in the USCIS district or State in which they are applying for at least 3 months before applying. A district is a geographical area defined by USCIS and served by one ofthe USCIS “District Offices.” Students may apply for naturalization either where they go to school or where their family lives (if they are still financially dependent on their parents). 

Good Moral Character

To be eligible for naturalization you must be a person of good moral character. USCIS will make a determination on your moral character based upon the laws Congress has passed. In the following section, we describe some of the things USCIS may consider.Criminal Record. Committing certain crimes may cause you to be ineligible for naturalization (USCIS calls these “bars” to naturalization). You cannot establish that you are a person of good moral character if you have been convicted of murder, at any time, or of any other aggravated felony, if you were convicted on or after November 29, 1990.Other offenses may be temporary bars to naturalization. Temporary bars prevent an applicant from qualifying for citizenship for a certain period of time after the offense.The “Application for Naturalization” asks several questions about crimes. You should report all offenses that you have committed including any that have been expunged (removed from your record) and any that happened before your 18th birthday. If you do not tell USCIS about these offenses and USCIS finds out about them, you may be denied naturalization (even if the original offense was not a crime for which your case would have been denied).If you have been arrested or convicted of a crime, you must provide a certified copy of the arrest report, court disposition, sentencing, and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider. Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver’s license.Please note that if you have committed certain serious crimes, USCIS may decide to remove you from the United States. If you have questions, call the Law Office of Robert L. Berlin at (904) 296-9474.Lying. If you do not tell the truth during your interview, USCIS will deny your application for lacking good moral character. If USCIS grants you naturalization and you are later found to have lied during your interview, your citizenship may be taken away.

English and Civics

According to the law, applicants must demonstrate:(1) "an understanding of the English language, including an ability to read, write, and speak...simple words and phrases...in ordinary usage in the English language....”(2) “a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States....”This means that to be eligible for naturalization, you must be able to read, write, and speak basic English. You must also have a basic knowledge of U.S. history and government (also known as “civics”).What if I cannot meet the English or civics requirements? Certain applicants, because of age and time as a permanent resident; or others because of a disability, have different English and civics requirements.Age — There are three important exemptions for English testing based on an applicant’s age and time as a Permanent Resident:(a) If you are over 50 years old and have lived in the United States as a Permanent Resident for periods totaling at least 20 years, you do not have to take the English test. You do have to take the civics test in the language of your choice. (b) If you are over 55 years old and have lived in the United States as a Permanent Resident for periods totaling at least 15 years, you do not have to take the English test. You do have to take the civics test in the language of your choice.(c) If you are over 65 years old and have lived in the United States as a Permanent Resident for periods totaling at least 20 years, you do not have to take the English test. You do have to take the civics test in the language of your choice. Designated test questions have been selected for you to study and are identified within the list of 100 civics test questions, which can be found at www.uscis.gov under Education and Resources.To qualify for one of these exceptions, your time as a Permanent Resident does not have to be continuous. You are eligible for the exemption as long as your total time residing in the United States (as a Permanent Resident) is at least 15 or 20 years. You may not count time when you were not a Permanent Resident.Disability — If you have a physical or developmental disability or a mental impairment so severe that it prevents you from acquiring or demonstrating the required knowledge of English and civics, you may be eligible for an exception to these requirements. To request an exception, you must file a Medical Certification for Disability Exceptions. If you believe you qualify, contact a licensed medical or osteopathic doctor or licensed clinical psychologist who will need to complete and sign your form.To apply for a disability exception, your disability:

• must be at least 1 year old (or be expected to last 1 year); and
• must not have been caused by illegal drug use.

If you qualify for this exception, an interpreter, who is proficient in English and the language of your choice, must accompany you to the interview.