Immigration law is the federal law which regulates immigration to the United States. Immigration law in the United States is governed by federal statutes and determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. Immigration laws also deal with asylum seekers. The Naturalization Act of 1790 was the first federal immigration statute.

Modern immigration rules are governed by the Immigration and Nationality Act of 1952. This Act created the Immigration and Naturalization Service also known as the INS to serve as the federal agency responsible for the enforcement of immigration laws. However post 9/11, the INS was replaced by the Department of Homeland Security. Three agencies of the Department of Homeland Security – U.S. Customs and Border Enforcement (CBE), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) – now perform the duties of the INS. The Immigration Act of 1990 equalized the allocation of visas across foreign nations, eliminating archaic rules, and encouraging worldwide immigration.

The Immigration Reform and Control Act of 1986 deals with illegal immigration. This Act imposed tough criminal sanctions on employers hiring illegal aliens. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 regulates the process of an alien entry into the United States.

A person can become a US citizen by birth or by naturalization. Naturalization is the process by which aliens can become US citizens. The process of naturalization is governed by the Immigration and Nationality Act. An alien seeking US citizenship must file an application with the USCIS. The alien must be at least 18 years old and a lawful permanent resident (green card holder) and must be residing in the US for five years immediately preceding the date of application for naturalization.

There are separate rules of naturalization of aliens whose one parent is a US citizen or an alien married to a US citizen. Alien relatives of a US citizen can also apply for US citizenship based on the relation to the US citizen. The USCIS will make a decision on the application and inform the alien of its decision. If the application is denied, the alien can file an appeal and request that the application be decided by another officer. If the second officer too denies the application, the alien can seek a review of the decision in the US District Court.

A great number of people is confused about immigration law and citizenship in the United States. Here are a few of the many common misconceptions about immigration laws and United States citizenship:

• If I marry a U.S. citizen I can automatically become a citizen. False. To become a citizen, you still need to follow various procedures such as applying for a marriage visa and providing proof of the validity of your marriage.
• Only if I am married can I bring a child into the United States legally. False. Children are eligible to relocate to the United States under a Family Visa petition regardless of your marital status.
• Attaining citizenship via naturalization is an easy process. This is not true. Naturalization is a complex process with many steps that must be followed.
• Legal immigrants, who are in the country on a visa, can be deported for minor legal infractions, such as traffic tickets or DWIs. This is not true except in extreme circumstances.
• You cannot become a legal immigrant if you come into the United States illegally. This is false. Someone who is an illegal alien can petition the government for a visa, green card, or a temporary worker visa.
• All immigration applications are the same. This is false. Every immigration case is unique and requires careful analysis and advocacy, preferably by a skilled and experienced immigration lawyer.
• The naturalization test is simple. The immigration test is a civics exam that requires a significant amount of knowledge of the United States government and its history. There are over 100 questions to study.
• You must be able to speak and write in the English language. This is not true. There are situations that allow an alien who cannot speak or write in English to become a permanent resident. But if you are unable to speak and write English that does make it difficult to pass a citizenship test if you are trying to be naturalized.

People migrate from one country to another for reasons ranging from economic motivations to reuniting with loved ones who are abroad. Often times an immigrant’s move to another country involves permanently leaving their home country in order to become a citizen of the new country. Under the United States legal system, naturalization is the process through which an immigrant acquires U.S. citizenship. This is required for someone who was not born a citizen of the U.S. or did not acquire citizenship shortly after birth.

A person who becomes a U.S. citizen through naturalization enjoys all the freedoms and protections of citizenship, such as the right to vote and register, the right to hold and use a U.S. passport, and the right to serve on a jury in a court of law. The basic requirements for naturalization are set forth in this article. In most cases applicants for naturalization will use Form N-400, “Application for Naturalization”.

“Good moral character” requirement: What does this mean?

In order to qualify for naturalization, an applicant must also demonstrate that they have good moral character. In general, “moral character’ usually refers to a person’s standing in the community, especially with regards to honesty and truthfulness. The standards for evaluating moral character may vary over time and also from area to area.

So, for example, if a person is convicted of a crime involving dishonesty, such as fraud or tax evasion, this will almost certainly disqualify them for naturalization. Also, lying on a naturalization application or during a naturalization interview is obviously grounds for denial. Other examples that would disqualify a person under the good moral character requirement are:

• Criminal records: Any crimes involving murder or other “aggravated felonies” constitute a bar to naturalization. Criminal records that have been expunged (erased) must still be reported to the USCIS
• Crimes involving intent to harm another person, crimes against property, and crimes involving fraud or malicious intent
• Multiple crimes whose sentences add up to 5 years or more
• Violations of controlled substance laws (i.e., drugs)
• Crimes involving moral turpitude (such as gambling, prostitution, continual drunkenness)
• Failure to comply with court-ordered sanctions
• Terrorist acts and persecutions based on religion or political affiliation

Generally speaking an immigration officer may conduct a background investigation dating back to five years before the date of application for naturalization. If the application is denied due to the failure to meet the good character requirement, the applicant may have the option to appeal or reapply.

Who is Eligible for Naturalization?

The United States Citizenship and Immigration Services (USCIS) is a branch of the government that deals with immigration issues such as naturalization. In order to be eligible for naturalization, the USCIS requires that the person is:

• Eighteen years of age or older
• A lawful permanent resident (“LPR” or green card holder) of the U.S.
• In continuous residence in the U.S. for at least 5 years* at the time of application, and physically present for at least half the time of continuous residence.
• Possessing good moral character

*Note: A person may also satisfy the “continuous residence” if they are a lawful permanent resident who is married to a U.S. citizen. In this case, the continuous residence requirement is 3 years rather than 5 years. The continuous residence requirement also involves a physical presence requirement (see below).

Applicants serving in the U.S. military may be exempt from the continuous residence requirement, though they must still file a proper application.

“Continuous Residence” vs. “Physical presence”

U.S. naturalization law makes a distinction between an applicant’s “continuous residence” versus their “physical presence”. In general, as stated above, the applicant should have at least 5 years continuous residence (3 years if married to a U.S. citizen). In addition, they should be “physically present” for at least half the time of continuous residence.

“Continuous residence” refers to the time that a person spent outside the U.S. on a single trip or vacation. If a person leaves the U.S. for longer than one year, this almost always results in breaking their “continuous residence” requirement. For example, if the person had lived in the U.S. for 2 years, but then leaves the U.S. for more than a year, they have disrupted the 5 years continuous residence requirement.

“Physical presence” refers the total number of days a person has been outside the U.S. prior to application for naturalization. For example, the person may have taken several short trips that amounted to over one year absence from the United States. In this case, though they may not have disrupted the continuous residence requirement, they might have disrupted the physical presence requirement.

For more details on calculating continuous residence and physical presence, consult a lawyer or visit the USCIS link to continuous residence requirements.

Other requirements for naturalization- English and Civics

After a person has applied for naturalization, they will be required to take several more steps, such as an interview and a naturalization test. In the naturalization test, the applicant will be asked 10 out of 100 possible questions that they must be prepared for. They must score 6 out of 10 or better in order to pass. The purposes of these questions are:

• To demonstrate that the person is fluent in English, both written and spoken, including common phrases and simple words for ordinary usage.
• To demonstrate that the person is knowledgeable in American civics: having a basic fundamental knowledge of U.S. history, its principles and form of government.

In order to assist applicants, the USCIS website has published flash cards for preparation and study for the naturalization test. Applicants are encouraged to answer the questions using the information provided on the flash cards.

There are various exemptions for the English and civics tests, namely if a person is over a certain age (50-65 years old) and has demonstrated continuous permanent residence for a long period of time (15-20 years). There are also exemptions based on disabilities.

Finally, other requirements for naturalization include submission of photographs and fingerprints, as well as taking an Oath of Allegiance.

The Oath of Allegiance

The Oath of Allegiance is the last step to citizenship, during which the applicant renounces allegiance to other countries, including their country of origin. Also, they must swear to uphold allegiance to the United States, and support and defend the U.S. Constitution and laws. Lastly, they must pledge to serve the U.S. if called upon.

Filing: How do I go about filing for a naturalization application? How much does it cost and how long is the wait?

The form for application can be obtained at the USCIS website and is known as Form N-400, “Application for Naturalization”. There is a total filing fee of $675 ($595 for seniors over 75 years of age). Filling fees may be waived for those in U.S. military service.

The filing process usually takes an average of six months from the time of application, though waiting periods can be longer.

If your application is denied, you can appeal your file through administrative review by using Form N-336, “Request for a Hearing on a Decision in Naturalization Proceedings”. There is a $605 fee for this hearing process. Alternatively, a person may also re-apply if their application is denied. This requires re-submitting the required documents, and once again paying the original filing fee of $675.

Conclusion

The naturalization process can be a lengthy and tedious procedure, but it is well worth the effort. Perhaps the most obvious piece of advice here is to be completely truthful and honest, as any indication of lying is a sure way to have an application denied. Hiring a lawyer can also help the process, since any technical errors can cause an unwanted delay.