MIGRANT LIBERTY and JUSTICE

United States Citizenship /Naturalization

As in most countries around the world, bestowing citizenship is one of the most coveted gifts that the U.S. government can bestow to individuals and the most important immigration benefit that USCIS can grant. Most people become U.S. citizens through the following step:

By birth, either within the territory of the United States or to U.S. citizen parents, or

- By Naturalization.

- In addition, in 2000, Congress passed the Child -Citizenship Act (CCA), which allows any child under the age of 18 who is adopted by a U.S. citizen and immigrates to the United States to acquire immediate citizenship.

Naturalization

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include: - a period of continuous residence and physical presence in the United States;

- residence in a particular USCIS District prior to filing;

- an ability to read, write, and speak English;

- a knowledge and understanding of U.S. history and government;

- good moral character;

- attachment to the principles of the U.S. Constitution; and,

- favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens. Applicants should review the materials listed under “Useful Information” and carefully read the N-400 application instructions before applying. Note: Recent changes in immigration law and USCIS procedures now make it easier for U.S. military personnel to naturalize.

More Details

Naturalization is the process by which U.S. citizenship is conferred upon a foreign national after he or she fulfills the requirements established by the government. U.S. Citizenship holds several advantages to Permanent Residency:

- U.S. Citizens have the right to vote

- Only U.S. Citizens may possess U.S. passports.

- an ability to read, write, and speak English;

- U.S. Citizens receive U.S. government protection when abroad.

Basic Residency Requirements

If Permanent Residency was acquired through U.S. employment, the requirements for naturalization are as follows:

- 5 years as a Permanent Resident without leaving the United States for trips of six months or longer

- 30 months of physical presence in the United States

- 3 months in the District or State of current residence.

If Permanent Residency was acquired through marriage to a U.S. Citizen, the requirements for naturalization are as follows:



Other General Requirements Summary

In addition to the residency requirements listed above, the following requirements apply to all naturalization applicants:

- at least 18 years of age months or longer

- an ability to read, write, and speak English

- a knowledge and understanding of U.S. history and government

- good moral character

- attachment to the principles of the U.S. Constitution; and, favorable disposition toward the United States.



Taking the Oath of Allegiance

If USCIS approves your application for naturalization, you must attend a ceremony and take the Oath of Allegiance to the United States. USCIS will notify you by mail of the time and date of your ceremony. The notice USCIS sends you is called the “Notice of Naturalization Oath Ceremony”. In some cases, USCIS may give you the option to take the Oath on the same day as your interview.



Currently the Oath is as follows: I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen;

- that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic

- that I will bear true faith and allegiance to the same

- that I will bear arms on behalf of the United States when required by the law

- that I will perform noncombatant service in the Armed Forces of the United States when required by the law

- attachment to the principles of the U.S. Constitution; and, favorable disposition toward the United States.

- that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.



Receiving your Certificate of Naturalization

Once you have taken the Oath, you will receive your Certificate of Naturalization. You may use this document as proof that you are a U.S. citizen. We strongly recommend that you apply for a U.S. passport soon after your naturalization ceremony

Reentry Permit Guide

If you are a United States lawful permanent resident (green card holder), you have the right to live in the U.S. and travel freely outside of the U.S. However, certain types of travel can put your green card at risk. That is why if you are planning to travel outside of the U.S. for longer than 6 months, you should strongly consider applying for a reentry permit. A reentry permit is a travel document (similar to a passport) that helps protect your status as a lawful permanent resident.

By birth, either within the territory of the United States or to U.S. citizen parents, or

- By Naturalization.

- In addition, in 2000, Congress passed the Child -Citizenship Act (CCA), which allows any child under the age of 18 who is adopted by a U.S. citizen and immigrates to the United States to acquire immediate citizenship.

General Overview of the Reentry Permit

A reentry permit is a travel document (similar to a passport) which allows U.S. lawful permanent residents to reenter the United States after extended periods of time spent outside of the United States. The reentry permit creates a legal presumption that a lawful permanent resident did not intend to abandon their status, despite being outside of the United States for an extended period.

As a U.S. lawful permanent resident, you can typically travel in and out of the United States without any issues. When returning to the U.S., in most cases, you would use your Form I-551 (Green Card) to re-enter the United States. However, if you’re traveling outside of the U.S. for a year or longer, your Green Card can no longer be used to re-enter the United States. You will either need a valid reentry permit to reenter the United States, or alternatively, you will need to apply for a returning resident visa (SB-1).

To understand these concepts, please note the following rights and obligations of U.S. lawful permanent residents.

Rights and Obligations of United States Lawful Permanent Residents

As a lawful permanent resident, you have several rights, including the right to permanently live and work in the USA.

- Your status as a lawful permanent resident must be maintained.

- Failure to maintain your lawful permanent resident status may result in your status being abandoned.

- One way to potentially abandon your lawful permanent resident status is through extended periods of travel abroad.

Issues for Lawful Permanent Residents When Traveling Outside of the United States

- As a lawful permanent resident, you are permitted to travel in and out of the United States.

- However, depending on how long you are outside of the United States, you may face certain consequences with respect to your status.

- Travel abroad for 6 months or less:

- If your travel abroad is for 6 months or less (180 days or less), you should typically have no issues when returning to the U.S.

- Upon your return to the U.S., you are not treated as someone who is seeking admission into the United States.

- You are not required to prove that you have been maintaining your status as a lawful permanent resident.

- You can use your Form I-551 (Green Card) to re-enter the United States.



Travel abroad for 6 months to a year

- If your travel abroad is for more than 180 days but less than a year, you may be subject to inspection upon return to the United States.

- You may be asked to prove that you’ve been maintaining your status as a lawful permanent resident.

- You can use your Form I-551 (Green Card) to re-enter the United States.



Travel abroad for 6 months to a year

- If your travel abroad is for more than 180 days but less than a year, you may be subject to inspection upon return to the United States.

- You may be asked to prove that you’ve been maintaining your status as a lawful permanent resident.

- You can use your Form I-551 (Green Card) to re-enter the United States.



Travel abroad for a year or longer:

- If your travel abroad is for a year or longer, upon return to the United States, you must prove that you’ve maintained your status as a lawful permanent resident.

- Your Form I-551 (Green Card) cannot be used to re-enter the United States.

- You will either need a valid reentry permit to enter the U.S., or you will need to apply for a returning resident visa (SB-1).



What Does a Reentry Permit Do?

- With a valid reentry permit, you can reenter the United States after staying outside of the U.S. for up to 2 years without having to get a returning resident visa.

- With a valid reentry permit, there is a legal presumption that you intended to maintain your status as a lawful permanent resident despite lengthy trips outside of the country.

What is a Returning Resident Visa?

If you are a lawful permanent resident, and you travel outside of the United States for a year or longer without having a valid reentry permit, you will need to apply for a returning resident visa, to reenter the United States. Your green card cannot be used to reenter the country.

To get a returning resident visa you need to prove that:

- You were a lawful permanent resident when you left the United States.

- When you left the United States, you intended to return to the United States.

- During your trip outside of the U.S., you maintained your intention to return to the USA.

- Your extended stay outside of the country was for reasons outside of your control.



Important Note Regarding Reentry Permits:

A reentry permit creates a legal presumption that you did not intend to abandon your status as a lawful permanent resident. The government may overcome this presumption by providing “clear, unequivocal, and convincing evidence” to the contrary. So just because you have a reentry permit does not mean that you are guaranteed to maintain your status as a lawful permanent resident. Please note the following benefits of a reentry:

If you are a lawful permanent resident, and you travel outside of the United States for a year or longer without having a valid reentry permit, you will need to apply for a returning resident visa, to reenter the United States. Your green card cannot be used to reenter the country.

To get a returning resident visa you need to prove that:

- You were a lawful permanent resident when you left the United States.

- When you left the United States, you intended to return to the United States.

- During your trip outside of the U.S., you maintained your intention to return to the USA.

- Your extended stay outside of the country was for reasons outside of your control.



Important Note Regarding Reentry Permits:

A reentry permit creates a legal presumption that you did not intend to abandon your status as a lawful permanent resident. The government may overcome this presumption by providing “clear, unequivocal, and convincing evidence” to the contrary. So just because you have a reentry permit does not mean that you are guaranteed to maintain your status as a lawful permanent resident. Please note the following benefits of a reentry:

Benefits of a Reentry Permit

Travel: With a reentry permit, you can leave the United States for extended periods and reenter the country without getting a returning resident visa.

Maintain Status: With a reentry permit, there is a presumption that you did not intend to abandon your status, despite extended periods spent outside of the United States.

Travel Document: If you are unable to get a passport from your home country, a reentry permit may function similar to a passport.

- If you plan to visit a country that will not honor the passport of your home country, you can use the reentry permit as a travel document similar to a passport.

Situations Where You May Need a Reentry Permit

Here are some common scenarios where a lawful permanent resident can benefit from having a reentry permit:

- If you plan to stay outside of the United States for a year or longer. A reentry permit can be used to enter the US without a returning resident visa.

- If you spend a lot of time outside of the United States. . Even if you do not stay abroad for a year or longer, spending extensive time outside of the USA may be questioned at the border. Your reentry permit will create a presumption that you did not intend to abandon your status.

-If you cannot get a passport from your home country. . A reentry permit can work as a travel document (similar to a passport) allowing you to travel.

Requirements to Get a Reentry Permit

Here are the main requirements to get a reentry permit:

- You must be either a lawful permanent resident or a conditional lawful permanent resident.

- You must intend to depart the United States temporarily.

- You must file a Form I-131 and provide all necessary supporting documentation.

- Your application for the reentry permit must be filed while you are in the United States.

- You must complete the required biometrics (digital fingerprint and digital photo) in the United States.