Citizenship: A road not easily traveled
In 1952, Congress enacted the Immigration and Nationality Act (“INA”). The purpose of the INA is to regulate all people who are not citizens of the United States. The Act does not apply to individuals who are U.S. citizenship because they were born in the United States or born to a United States citizen.
The naturalization process is not an easy process. The U.S. Citizenship and Immigration Service (USCIS) provides a flow chart to clarify the process of applying for naturalization. The first step in the process is to determine if the applicant is eligible to become a U.S. Citizen. The applicant must be at least 18 years old and have been lawful permanent resident of the United States for 5 years or more to begin the naturalization process. Individuals who have not yet met either of these criteria must wait to apply for naturalization.
How does someone become a lawful permanent resident? They must apply for a visa or a “green card.” The visa process is difficult because the INA sets out a numerical “quota” for visas each year. The only exception to the “quota” rule is for immediate family members of the visa recipient, for whom a visa is always available.
Generally, family-sponsored preference visas are limited to 226,000 visas per year and employment-based preference visas are limited to 140,000 visas per year. Both categories are further divided into several sub-categories, each of which receives a certain percentage of the overall visa numbers. In addition, there are limits to the percentage of visas that can be allotted based on an immigrant’s country. As of November 1, 2016, there were 4,259,573 individuals on the waiting list for the family-sponsored preference visas.
The USCIS provides a helpful pamphlet that outlines important steps in the naturalization process. The process is summarized below:
1. Determine whether you are a natural U.S. citizen by virtue of having been born in the United States or by having a parent who is a U.S. citizen.
2. Determine your eligibility to become a U.S. citizen. If you are not a natural citizen of the United States, you may apply for naturalization if you are 18 years old and have been a permanent resident for at least 5 years (or at least 3 years if you are married to a U.S. citizen).
3. Prepare & submit your Form N-400, Application for Naturalization and all documentation required under this form. This includes documentation of the status of all current and past marriages, military status, trips outside the United States, criminal records, income tax returns, and more.
4. Go to the biometrics appointment. Applicants must submit to fingerprinting, which will be used in conducting FBI criminal background checks.
5. Complete the USCIS interview. All applicants must meet with a USCIS officer to answer questions about the information that they’ve submitted and to take the English and civics tests required as part of the naturalization process. After the interview, the application is either “continued” or receives a “final decision.”
6. Receive a decision from USCIS on your Application for Naturalization. The USCIS provides written notice of their decision. They can grant, continue or deny the application. If the application is continued, this is typically because the applicant failed the civics or English test, because the USCIS needs additional documents and evidence to render a decision, or because the applicant failed to provide the required documentation. When a final decision is rendered, the application will either be granted or denied. If granted, the applicant will continue through the next steps naturalization process. If the application is denied, the applicant may appeal the decision.
7. Receive notice to take the Oath of Allegiance. Some applicants are able to take the oath on the same day as the USCIS interview. If not, USCIS mails the applicant of the date, time, and location of the scheduled oath ceremony.
8. Take the Oath of Allegiance to the United States. This is the final step in becoming a U.S. citizen. Once the oath has been taken, the applicant will receive a Certificate of Naturalization.
Links to Additional Information
USCIS Flowchart for Guide to Naturalization
<https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/guide-naturalization>
Link to Immigration and Nationality Act
<https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/act.html>
U.S. Department of State website