Most countries of the world base citizenship on parentage, and try to limit citizenship to particular ethnic heritage. For example, a person born in Japan or France must have a Japanese or French parent to become a citizen. Many countries require a male qualifying parent, while a few nations require a female qualifying parent.
Recently, many countries have eliminated the sex discrimination but retained the parentage requirement. America, a country open to all ethnic groups, automatically grants citizenship to any person born in the US, regardless of parental nationality and why or how long the parents were in the country. Persons born in America merely need to present a birth certificate to apply for a passport.
Otherwise, US citizenship, with few exceptions, requires the passage of time as a green card resident, basic knowledge of US history and government, and an ability to speak English. Because many people plan to give birth to a child in the US (for automatic citizenship), there is some talk about requiring a greater than nine-month residency requirement. This is known in the trade as ‘baby droppers’.
Literacy Requirement
In order to be naturalised all applicants must demonstrate their ability to read, write, understand, and speak the English language. The exceptions are persons who are 50
years of age and over who have been permanent residents in the US, for a minimum of 20 years, or, persons who are 55 years of age and have been permanent residents in the US, for a minimum of 15 years.
Civics Requirement
No applicant shall be naturalised who cannot demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. There are no exemptions from this requirement.
Advantages Of Citizenship
There are two practical advantages of US citizenship: You can vote, and it’s hard to lose citizen status. You can lose citizenship if you lied to get a green card, failed to disclose past crimes, or perjured a material fact relating to citizenship or a green card. Unlike aliens who can lose their green card as a result of prolonged absence from the US, American citizens may leave the country and return at any time without fear of losing citizenship.
Every American citizen can vote. Since permanent residents are taxpayers, they want to have a say about the amount of income tax and how it’s spent. There are many other important reasons to vote.
Dual Citizenship
The US permits dual nationality. American citizens of dual nationality must consult the other country about holding two passports. The US government does not inquire or even care if a person owns two passports.
For example, a US citizen holding US and Japanese passports may risk losing his Japanese passport to the Japanese government, but not the US passport.
The Qualifying Period
A green card spouse of a US citizen must reside in the US for three years before becoming eligible for citizenship. All other permanent residents must reside in the US for five years. If your American spouse dies while you have a green card, you still may qualify under the three-year rule.
You must live in the U.S. for 50 per cent of the three or five year qualifying period. One may apply for citizenship three months prior to the end of the qualifying period. A break in residence between six months and one year may disrupt the qualifying residence period unless the applicant can prove the US was his primary residence. Proof consists of US tax returns, US employment, US property etc.
A break in residency of one year or more requires the applicant to satisfy the residency period by waiting for four years and one day to file for naturalisation. One should obtain a permit to re-enter to prevent breaks in residency. Even so, time spent abroad with the permit to re-enter does not count toward the residency requirements.
The Citizenship Test
Upon meeting the residency requirements, you may file for naturalisation at any USCIS District Office. File the appropriate form (N-400), which includes biographical information and proof of required residence. The USCIS will schedule an interview for the person to be tested on US history and government. Only those who meet the literacy requirement exemptions will avoid being tested in English.
The test questions are the same sorts of things most Americans learn in junior high school. Several books are available in libraries and book stores to provide sample questions and study aids. Most immigration examiners ask reasonable questions. Examiners tend to ask difficult questions when they suspect the applicant did not study. Sample questions could include:
‘Do you know how many congressmen comprise the Senate and House of Representatives?’
‘Can you name the first five Presidents in order?’
‘Do you know who was the President of the Confederacy?’
USCIS examiners tend to be understanding of those who studied for the test. When asked, ‘Who was George Washington?’ one of my clients answered, ‘My first son.’ Confused, the elderly woman, with help from the USCIS examiner, managed to regain her composure and pass the test.
In another case a young Chinese woman, laden with gold jewellery and who obviously didn’t study, was rejected after she failed to identify the metal responsible for the California Gold Rush. (By the way, the Chinese characters for San Francisco translate to ‘Gold Mountain’.) This woman had made no attempt to learn English and the examiner was looking for a way for her to fail the test.
Obtaining A Certificate Of Naturalisation
Upon passing the citizenship test and residency requirements, a citizenship paper (called the ‘Certificate of Naturalisation’) can be obtained from the USCIS or a federal court. Name changes are permissible at the time of naturalisation, if so desired.
The USCIS procedure is faster. The federal court procedure, scheduled every few months, is more elaborate. In the court procedure the judge says a few kind words, the citizenship candidates pledge allegiance to the US, and they then receive naturalisation certificates.
Many people prefer the more elaborate federal court ceremony to commemorate this important event. On the 4th of July, Independence Day in the US, most American cities hold a large citizenship ceremony.
People from all over the world, with different backgrounds, experience and personal stories of how they came to the US, become American citizens at the same time. We call this American phenomenon
the ‘melting pot’, whereby people from all over the world become citizens of the United States of America.
Practical Pointers For Naturalisation Applicants
- You can file three months before you are technically eligible.
- You must live in the USCIS district where you file for the three-month period prior to filing.
- Expect the process to take a year, often longer.
- Lawyers can’t make the process faster.
- The USCIS often tries to use naturalisation as a lever to entice tax cheats to pay up. This practice is actually against the law. As a practical matter, it’s better to pay up than experience significant delays in processing while you argue about your rights.
- There are expedited procedures for military personnel.