Planning for Your Citizenship - Part I

Becoming a citizen of the United States is a dream for many immigrants. However, achieving this dream requires careful planning since many find their dreams unexpectedly shattered. This article is the first in a two-part series reviewing the basic eligibility requirements for naturalization while warning of some common pitfalls.

Already a U.S. citizen

Before filing your application for naturalization, make sure that . . . you are not already a U.S. citizen.

Naturalization, is the process by which our government confers citizenship upon someone, once that person has made an application and fulfilled certain requirements. However, one may become a citizen by the mere operation of law, even before filing an application. Thus, a number of applications are denied each year on grounds that the applicant has already acquired derivative citizenship, either through the naturalization of a parent or via birth to a citizen abroad, without even knowing it. Whether by naturalization of a parent or birth to a citizen abroad, derivative citizenship has its own legal requirements which must be met. If at least one of your parents is a U.S. citizen, be sure to consult with an experienced immigration attorney before filing for naturalization.

Filing too early

Make sure you have accrued 5 years (or 3 years if married to and living with a U.S. citizen, or if another exception applies) of permanent residency. The regulations permit the applicant to file 3 months in advance, but if your application arrives at the USCIS even one day earlier than that, then your application will be denied. Therefore, better to err on the side of caution and not file too early.

Good moral character issues

Beware good moral character issues. Having good moral character is a basic requirement for naturalization and it can show up in different ways. The statute requires the applicant to demonstrate that he or she bears good moral character for the 5 (or 3-year period) of required residency (though the regulations permit the USCIS to look at conduct even preceding this period.) Be prepared to present any evidence of good moral character. For example, USCIS sees evading the IRS as bad moral character. Thus, have copies of your filed tax returns. If you have missed any payments, then be sure to have a settlement letter from the IRS. Similarly, USCIS views evasion of child support obligations as bad moral character. Be prepared to present evidence of any child support payments or settlement, if applicable.

Another example of something that may show a lack of moral character is the willful failure to register for the Selective Service. Males between the age of 18 and 26 (not including those on temporary immigration status) are required to register for Selective Service. If you did not do so, be sure to consult with an experienced immigration attorney about the exceptions to these requirements. You may be able to establish that you did not willfully fail to register or that the failure to register was over 5 years ago, if you are now 31 years of age or above.

The rest of this article will be continued in the next issue.