A foreign national can acquire U.S. citizenship through naturalization.

The requirements for naturalization are that the foreign national;

1) has resided in the U.S. for at least five years after being lawfully admitted for permanent residence and has been physically present for at least half of the time;

2) has resided continuously within the United States from the date of application up to the time of citizenship; and

3) has been and still is a person of good moral character. The foreign national should also be at least 18 years old.

Residency for married couples

A person married to a U.S. citizen need only have resided in the United States for three years, not five, before he or she can naturalize. However, the couple must be married and living in martial union. The U.S. citizen spouse must have been a United States citizen for the entire three years and and up to the time the foreign national spouse is granted citizenship.

Good Moral Character Requirement

The good moral character requirement must exist during the three or five year period and continue up to the administration of the oath of allegiance. The standard for good moral character is character that measures up to the standards of average citizens of the community in which the foreign national resides. Good moral character will be found lacking if the applicant was convicted of murder at any time and was convicted of an aggravated felony after November 29, 1990. Also, the foreign national will be found lacking good moral character if during the three or five year period he or she committed and was convicted of a crime of moral turpitude, committed and was convicted of two or more offenses and the aggregate sentence was 5 years or more, violated any law relating to controlled substances, except a single offense for possession of 30 grams or less of marijuana, or has given false testimony to obtain any benefit under the Immigration and Nationality Act. The above are just a few of the circumstances under which good moral character can be found lacking, and which would cause an application for naturalization to be denied.

Applying for Naturalization

A foreign national wishing to apply for naturalization should file a completed N-400 form, the naturalization application form, with the USCIS, along with photographs, proof of lawful permanent residence, all the necessary supporting documents and the application fee. The form and the amount of the fee are available on the Forms and Fees page of the USCIS web site.

The USCIS will require the foreign national to attend a naturalization interview. At the interview a USCIS officer will evaluate eligibility and ineligibility for naturalization and test the individual’s knowledge of English, U.S. government and U.S. history. The officer then has 120 days to either approve or deny the application for naturalization. The successful applicant will be required to take an Oath of Allegiance.

Removal proceedings

By applying for naturalization a foreign national who is already a permanent resident in the U.S. is opening up his or her entire history with the United States to review by the USCIS. Unfortunately, there have been individuals who instead of having their application for naturalization approved were instead put into removal proceedings. In some instances, due to prior conduct applying for naturalization may not be advisable.