Naturalization Requirements And General Information


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Naturalization Requirements And General Information

 

Table of Contents

Part I

1 General Information

2 How to Apply for Naturalization
Filing the Application--Fingerprints
Citizenship of Applicants Children
Examination on the Application
Oath Ceremony

3 General Naturalization Requirements
Age
Lawful Admission
Residence & Physical Presence
Permission to be Absent
(a) Employment by American Organizations
(b) Employment by the U. S. Government
(c) Service for Religious Organizations
Character and Loyalty
Communist Party and Similar Membership
Deportation
Literacy and Educational Requirements
Oath of Allegiance

4 Naturalization Requirements for Special Classes
Wives and Husbands of U.S. Citizens
Marriage to a Citizen
Marriage to a Citizen Stationed Abroad
Overseas Assignment of Citizen Spouses
Surviving Spouse of US. Citizen Service Member
Naturalization of Children of Citizen Parents
Naturalization of Adopted Children of Citizen Parents
Former U. S. Citizens
Veterans of Foreign Armed Forces
American Women Who Married Aliens
Service Members of the Military or Veterans
Military Service During Certain Periods
Ineligible Service Members
Service for Three Years
(1) When Three Years' Service Continuous
(2) When Three Years' Not Continuous.
(3) Application Made more than Six Months After Service Ends
Mariners
Employees of Organizations Promoting United States Interests Abroad
Posthumous Citizenship

5 Naturalization and Citizenship Paper Lost, Mutilated, or Destroyed,
or Where Name has been Changed

6 Declaration of Intention

7 Certificates of Citizenship for Children and Wives of Citizens

8 Legalizing Stay in the United States

9 Offices of the Immigration and Naturalization Service

General Information
Part I

This booklet provides information in brief and plain language about the
principal requirements for naturalization; the special classes of persons who
are exempt from some of those requirements; and what a person must do to become
a naturalized citizen of the United States. It also includes a brief
discussion on how to obtain a copy of a naturalization or citizenship paper
(part 5); how to file a declaration of intention (part 6); how to obtain a
Certificate of Citizenship (part 7); and how to legalize an alien's residence
in the United States so that he or she may be able to apply for
naturalization (part 8).

The naturalization laws equally apply to both men and women and to all
races. All persons follow the same procedures and become naturalized citizens
of the United States in the same way.

An alien living in the United States must keep the Immigration and
Naturalization Service informed of changes in his or her address. A lawful
permanent resident is given an Alien Registration Receipt Card. This card has
a number on it which should be shown in all applications and when writing to
the Immigration and Naturalization Service about a case.

Anyone who cannot find the answer to a naturalization related problem
in this pamphlet or who may desire any additional information, may obtain it
from the nearest office of the Immigration and Naturalization Service. A list
of offices of the Immigration and Naturalization Service appears in Part 9.

How to Apply for Naturalization
Part 2

The requirements for naturalization that need fuller explanation are
discussed in more detail at a later point. The steps to become naturalized,
however, are the same for all persons and are set out below.

Filing the Application - Fingerprints

The first step is to get an application and, except for children under
14 years of age, a fingerprint card from the nearest office of the
Immigration and Naturalization Service or from a social service agency in the
community. The application to be used is Form N-400, "Application for
Naturalization." For an optional procedure to gain citizenship for an
adopted child of U.S. citizen parents (or parent, if single), see page 24.

The application, the fingerprint card, and the Biographic Information
form if appropriate, which are furnished without charge, must be filled out
according to the instructions and filed with the office of the Immigration
and Naturalization Service with jurisdiction over the applicants residence.
Three unsigned photographs as described in the application must be submitted.
A fee is required and must be submitted with the application. No currency
should be sent by mail.

Citizenship of Applicants Children

If a parent who is applying for naturalization expects to be
naturalized before any of his or her children reaches age 18, it is likely
that such children who are living in the United States will automatically
become citizens. This would happen if the children's other parent already is
a citizen, or is deceased, or if both parents are naturalized at the same
time, or if the parents are legally separated and the parent being
naturalized has the legal custody of the children, or if the parent being
naturalized is the mother of the children and the children were born out of
wedlock.

These children may obtain certificates of citizenship in their own
names, showing that they became citizens on the same date that the parent was
naturalized, by filing Form N-600, "Application for Certificate of
Citizenship," in accordance with instructions on the form. The application
must be filed after the naturalization of the parent(s). A fee is required
and must be submitted with the application. No currency should be sent in the
mail. The children involved who are over age 14 will appear before the
naturalization examiner and must take the same oath of allegiance as is
required of persons who naturalize.

Examination on the Application

After certain actions on the application have been completed by the
Immigration and Naturalization Service, the applicant must appear before a
naturalization examiner for examination on the application. The Immigration
and Naturalization Service will advise the applicant when and where to appear
for the examination. The applicant will be examined on the information
submitted on the application for naturalization, and on his or her English
literacy and knowledge of the form of government and history of the United
States.

If the examiner finds that an applicant has not demonstrated
eligibility for naturalization, the application will be denied and the
applicant will be so notified. The applicant may request a .hearing on the
denied application by filing Form N-336, "Request for Hearing on a
Decision in Naturalization Proceedings Under Section 335 of the Act,"
according to instructions included on the form, and with the required fee.

Oath Ceremony

After the examination has been completed and the application approved,
the applicant will be notified to appear at an oath ceremony where the
applicant will be sworn in as a citizen of the United States. The applicant
may be able to choose to be sworn in as a citizen by a Service officer in a
Service-conducted ceremony or by a judge of a competent court in a
court-conducted ceremony. In the event that the applicant wishes to apply for
a change of name, the applicant will be required to appear at a
court-conducted oath ceremony.

Sometimes an applicant for naturalization is prevented by sickness or
physical disability from appearing before an examining officer. When this
happens, it may be possible to make other arrangements so that the applicant
will not have to travel to a Service office or to appear in court. Further
information about what should be done by such a person to become naturalized
can be obtained from the nearest office of the Immigration and Naturalization
Service.

When the applicant appears at the oath ceremony, he or she takes an
oath of allegiance to the United States. In doing so, he or she gives up
allegiance to any foreign country and promises to support and defend the
Constitution and laws of the United States.

When a large number of persons become citizens in a ceremony, it may
not be possible to issue certificates immediately showing that they have been
granted citizenship. In such instances, the certificates of naturalization are
mailed to them later, or other arrangements for subsequent delivery are made.

General Naturalization Requirements
Part 3

Applicants must be present in the United States, and must meet every
requirement for naturalization in this Part and Part 2, unless they are
persons who fall within special classes that are exempt from some of those
requirements. These special classes are discussed in Part 4. The basic
requirements for naturalization are set out below.

Age

A person must be at least 18 years of age before he or she can apply
for naturalization.

Lawful Admission

Only an alien who has been lawfully admitted to this country for
permanent residence can be naturalized. This means that the alien must have
been lawfully allowed to live permanently in this country as an immigrant.
Not all aliens in the United States have been given this privilege. Some, for
example, visitors, students, and seamen, have been allowed to come into this
country only temporarily and, therefore, cannot lawfully remain here
permanently. These persons do not meet the requirements of this paragraph.
Neither does an alien who succeeded in getting into the United States
unlawfully, such as by hiding convictions for serious crimes, or by deserting
a ship, or by sneaking into the United States.

An alien who has been allowed to live here permanently as an immigrant
loses that privilege, as well as the privilege of becoming naturalized, if he
or she leaves the United States with the intention of abandoning residence in
this country.

Caution: An alien who has been admitted to the United States for
permanent residence and who established residence in the United States may
choose to be treated as a non resident alien for the purpose of gaining
certain benefits under the income tax laws. In order to become a non resident
alien for that purpose, the alien must leave the United States and in doing
so must intend to abandon residence in the United States. The intent to
abandon may be formed also after the alien has left the United States.

An alien who chooses to become a non resident for tax purposes may be
considered as having also given up and lost his or her status as an immigrant
under the immigration and naturalization laws. This could mean that the alien
may become ineligible for an immigrant visa, or a re entry permit or other
document, for which permanent residents are eligible; may become inadmissible
to the United States if seeking re admission as a returning resident with a
re entry permit, an alien registration receipt card or a returning resident
visa; and may become ineligible for naturalization.

Aliens should give careful consideration to the possible consequences
mentioned above, before deciding to claim non resident alien status for tax
purposes.

Residence and Physical Presence

After an applicant has been admitted for permanent residence, he or she
must reside in the United States continuously for at least five years just
before filing an application for naturalization with the Service.

At least the last three months of that five years' residence,
immediately before the filing of the application, must also be residence in
the State or Service district where the application is being filed.

The applicant is not obliged to stay in the United States during every
day of the five-year period. Short visits may be made outside the United
States, either before or after applying for naturalization, and may include
as part of the required five years' residence the time absent. However, the
applicant must be sure that:

(a) he or she is not absent for a continuous period of one year or more
and

(b) he or she is not out of the United States for a total of more than
30 months during the last five years.

Generally, if the applicant is absent for one year or more at any one
time during the five-year period just before filing the application, he or
she breaks naturalization residence and must complete a new period of
residence after returning to the United States. This means that he or she
will have to wait at least four years and one day after coming back before he
or she can be naturalized. Furthermore, if during the five-year period he or
she has been absent for a total of more than 30 months, he or she will have
to stay in the United States until he or she has been physically present for
at least a total of 30 months out of the last five years just before filing
an application for naturalization.

Permission to be Absent

Under certain circumstances, persons and their dependents who expect to
be continuously absent from the United States for a year or more in work
within one of the below listed classes may be given permission to be absent
without breaking their naturalization residence. To obtain this permission,
an application must be made on Form N-470, "Application to Preserve
Residence for Naturalization Purposes," in accordance with the
instruction on the form. The fee must be submitted with the form. No currency
should be sent in the mail.

Persons and dependent members of their households who may qualify for
this permission fall into three categories as discussed below. It should be
particularly noted that there are important differences between the classes
with regard to what is necessary to be eligible for the permission, when the
application must be made, and whether the person may be considered to be
physically present as well as residing in the United States during the
absence.

(a) Employment by American Organizations. Such organizations include:

(1) American firms or corporations, or their subsidiaries, which are developing
foreign trade and commerce of the United States.

(2) American institutions of research recognized by the Attorney
General.

(3) Certain public international organizations in which the United
States takes part.

To be eligible to obtain permission, employees within this class must
first have been physically present in the United States for an uninterrupted
period of at least one year after their lawful admission for permanent
residence.

If possible, the application for permission should be filed before the
applicant leaves the United States. It must be filed before the applicant has
already broken residence by being continuously absent from the United States
for as much as one year. It must be filed even though the employee has been
issued a re entry permit to use to come back to the United States after the
absence. The re entry permit alone is not enough to protect naturalization
residence. Unless the application is filed and approved by the Immigration
and Nationalization Service, absence for a year or more will break
naturalization residence even though the absence may have been for employment
by one of the above organizations.

Notwithstanding the fact that the Immigration and Naturalization
Service may have granted permission for the absence and, therefore, the
applicants naturalization residence remains unbroken by the absence of a year
or more, employees within this class cannot include the time they are absent
as any part of the 30 months' physical presence required to qualify for
naturalization. Care must be taken, therefore, to have been actually
physically present in the United States for not less than 30 months of the
five years just before filing applications for naturalization. The benefit of
this section includes the applicant, the spouse and dependent unmarried sons
and daughters.

(b) Employment by the United States Government. The requirements to
obtain permission to be absent and the benefits of being granted permission
are the same for United States Government employees and their dependents as
for the employees of American organizations above, with one exception:

Government employees are regarded as physically present in the United
States during the time they are absent with the required permission. They may
include, therefore, as part of the 30 months' physical presence for
naturalization purposes the time that, with permission, they are absent in
Government employment.

Government employees who are to be absent for continuous periods less
than one year do not have to apply for permission to be absent, and may count
each continuous period of less than one year abroad toward the thirty months
that they must be physically present in the United States.

(c) Service for Religious Organizations. Persons engaged abroad as
priests, ministers, missionaries, brothers, nuns, or sisters by a religious
denomination or interdenominational mission organization which has an
organization in the United States and who are granted permission to cover the
absence enjoy the same benefits that are granted to Government employees,
including the right to count as physical presence in the United States the
time they are absent with permission.

Persons within this class have the additional privilege of applying for
permission to cover the absence at any. time. They may also be granted
permission to be absent even though they have not yet completed a year of
uninterrupted physical presence in the United States after their lawful
admission for permanent residence. If they have not completed this year of
uninterrupted physical presence, however, they must complete at least one
year of uninterrupted physical presence in the United States before they can
file their applications for naturalization. The benefit of this section is
limited to the applicant.

Character and Loyalty

An applicant for naturalization must show that, during all of the five
years just before filing an application for naturalization, and up until he
or she is sworn in as a citizen, he or she has been a person of good moral
character who believes in the principles of the Constitution of the United
States and is favorable to the good order and happiness of the United States.

The naturalization law states that an applicant for naturalization
cannot be considered to be of good moral character if he or she comes within
any of the following classes at any time during the five-year period and up
until becoming naturalized:

(a) Habitual drunkards;

(b) Polygamists, persons connected with prostitution or narcotics,
criminals;

(c) Convicted gamblers, persons getting their principal income from
gambling;

(d) Persons who lie under oath to gain a benefit under the immigration
or naturalization laws;

(e) Persons convicted and jailed for as much as 180 days.

A person also can never become a citizen if he or she has been
convicted of murder or an aggravated felony at any time.

The disqualifications listed above are not the only reasons for which a
person may be found to lack good moral character. Other types of behavior may
be taken into consideration by the Service officer in deciding whether or not
an applicant has the good moral character required to become a citizen.

Aliens who have refused to performed their duties to serve in the armed
forces of the United States may also be denied citizenship. These include
persons who have been convicted of deserting or evading service in the armed
forces of the United States during time of war, as well as persons who
applied for and were given exemption from service on the ground that they
were aliens.

Communist Party and Similar Membership

A person cannot become a citizen who, at any time during a period of
ten years just before filing an application for naturalization, has been a
member of or connected with the Communist Party or a similar party within or
outside the United States; or a member of or connected with any other party
or organization that is against all organized government or for world
communism, dictatorship in the United States, overthrowing the United States
Government by force, injuring or killing officers of the United States, or
sabotage.

If the membership or connection with any of these parties or
organizations during the ten-year period was involuntary, or before 16 years
of age, or compelled by law, or to get employment, food or the necessities of
life, the person may become a citizen if no longer a member of or otherwise
connected with the party or organization.

Deportation

A person who has broken the immigration laws and as a result is under a
deportation order cannot be naturalized. This provision may not apply to a
person who is applying for naturalization based upon his or her military
service.

Literacy and Educational Requirements

Unless physically unable to do so, an applicant for naturalization must
be able to speak and understand simple English as well as read and write it.
However, if on the date of the examination the applicant is more than 50
years of age and has been a lawful permanent resident for 20 years or more,
or the applicant is more than 55 years of age and has been a lawful permanent
resident for 15 years or more, the applicant will be exempt from the English
language requirement of the law. If exempt, the applicant may take the
examination in any language.

All applicants physically able to write, must also be able to sign
their names in the English language. However, the person mentioned above who
is excused from knowing English is permitted to sign in a foreign language if
unable to sign in English.

Every person applying for naturalization, including the persons
mentioned above, must pass an examination showing that he or she is
knowledgeable about the history and form of government of the United States.
There are no exceptions to this requirement. The examination on these matters
and on English is given by a naturalization examiner at the time the
applicant appears for the examination on the application for naturalization.
The questions the examiner asks are in simple English and to be able to
answer them requires knowledge only of subjects that anyone who has really
tried to learn will be familiar with.

The Service recognizes certain standardized English
Language/Citizenship tests from private test givers that an applicant may
take at approved testing sites. The applicant may take the test several times
until achieving a passing grade. The Service is not advised of the identities
of those persons who do not pass the test, and failure of this test does not
have any effect in the applicants ability to retake this alternative test or
be tested by a Service officer. The successful results are transmitted to the
Service. However, an applicant must submit a copy of his/her test results
with the application. The test would be taken in place of the test given by a
Service officer.

The applicant would still be examined by a Service officer on the
contents of the application and the ability to speak English.

In many places the public schools, as well as other community groups,
have citizenship classes to prepare persons to become citizens. Certain
educational institutions also offer courses by mail for persons who want to
study under their supervision at home instead of in school. The nearest
Immigration and Naturalization Service office can furnish information about
the correspondence courses. The Federal Government also publishes textbooks
to aid applicants for naturalization in studying to become citizens. It is
upon the information in these books that the examination on history and
government is given. Applicants who attend citizenship classes in public
schools or who are studying by mail receive these books from the schools
without charge. The books can also be bought directly from the Superintendent
of Documents, Government Printing Office, Washington, DC 20402, and can be
used to study privately at home instead of under the supervision of a school.

Form M-132, "Information Concerning Citizenship Education to Meet
Naturalization Requirements," contains more information about the
Federal Textbooks on Citizenship and courses that can be taken by mail. This
form can be obtained without charge from the nearest office of the
Immigration and Naturalization Service.

Oath of Allegiance

Before being admitted to citizenship (unless a child is too young to
understand), an applicant for naturalization must give up any foreign
allegiance and any foreign title and must promise to obey the Constitution
and laws of the United States. Unless it is against his or her religious
beliefs, the applicant must also promise to bear arms or fight for the United
States, to perform other types of service in the armed forces of the United
States, and to do work of importance to the national interest when asked to
do so.

If it is against the religious beliefs of a person to fight for the
United States or to perform other types of service in the armed forces of the
United States, that person can be excused from promising to do these things
and may become naturalized without making such a promise. However, the person
cannot be excused from promising to do work as a civilian which is important to
the nation.

Naturalization Requirements for Special Classes
Part 4

This part discusses special classes of persons who may become
naturalized even though they cannot meet all of the requirements mentioned in
Parts 2 and 3 of this pamphlet. This part will list under each class the
particular exemptions for that class. Unless so listed, an applicant who
comes within a special class generally must still meet the requirements and
follow the procedures mentioned in Parts 2 and 3.

Wives and Husbands of United States Citizens

A person who is married to a citizen of the United States may become
naturalized in the same way as any other alien or may take advantage of
special naturalization exemptions that are granted to the spouse of a citizen
of the United States. These exemptions fall into two classes, the first is
granted simply because of the relationship to a citizen and the second is
granted because of the relationship to a citizen who is stationed abroad.
Both of these classes are discussed below.

Marriage to a Citizen

An applicant:

(1) whose spouse has been a citizen of the United States for at least
three years; and

(2) who has been married to and living with the citizen spouse for at
least the three-year period just before the date of filing an application for
naturalization may become a citizen of the United States upon meeting all of
the requirements for naturalization in Parts 2 and 3 except:

Instead of five years' residence and 30 months' physical presence, the
applicant must reside in the United States for only three years after being
lawfully admitted for permanent residence and just before filing the
application. For at least one-half of that three-year period, or 18 months,
the applicant must have been present in person in the United States.

Marriage to a Citizen Stationed Abroad

An applicant:

(1) whose spouse is a citizen of the United States working or serving
in a foreign country for one of the reasons below;

(2) who, upon becoming naturalized, will live abroad with the citizen
spouse; and

(3) who will again reside in the United States as soon as the foreign
work or service of the citizen spouse ends may become a citizen of the United
States if all the requirements for naturalization in Parts 2 and 3 are met
except:

(a) the application does not have to be filed in the place where the
applicant lives, but may be filed in any Service office; and

(b) the applicant may be naturalized without having resided in the
United States or any State, and without having been physically present in the
United States, for any particular length of time after being lawfully
admitted for permanent residence.

Generally, if the applicant is absent for one year or more at any one
time during the three-year period just before-filing the application, he or
she breaks naturalization residence and must complete a new period of
residence after returning to the United States. This means that he or she
will have to wait at least 2 years and 1 day after coming back before he or
she can be naturalized. Furthermore. if during the three-year period he or
she has been absent for a total of more than 18 months, he or she will have
to stay in the United States until he or she has been physically present for
at least a total of 18 months out of the last three years just before filing
an application for naturalization.

Overseas assignment of Citizen Spouse

For the applicant to qualify for the exceptions mentioned previously,
the citizen spouse must be working or serving in the foreign country:

(1) in the employment of the United States Government (including
service in the armed forces of the United States);

(2) in the employment of an American institution of research recognized
by the Attorney General;

(3) in the employment of an American firm or corporation, or its subsidiary,
which is developing the foreign trade of the United States;

(4) in the employment of certain public international organizations in
which the United States takes part;

(5) under authority to perform the functions of a minister or priest of
a religious denomination having an organization within the United States; or

(6) under an engagement solely as a missionary by a religious
denomination or by an interdenominational mission organization having an
organization within the United States.

The applicant must include with the application a written statement
indicating that the citizen spouse's employment meets these qualifications,
that the applicant intends to reside abroad with the citizen spouse, and that
the applicant intends to take up residence within the United States
immediately upon the termination of such employment abroad of the citizen
spouse.

Surviving Spouse of United States Citizen Service Member

Any person whose citizen spouse dies during a period of honorable and
active service in the armed forces of the United States, and who was living
in marital union with the citizen spouse at the time of the service member's
death, may become a citizen of the United States if all the requirements in
Parts 2 and 3 are met except:

(a) the application does not have to be filed in the place where the
applicant lives, but may be filed in any Service office; and

(b) the applicant may be naturalized without having been physically
present in the United States for any particular length of time after being
lawfully admitted for permanent residence.

Naturalization of Children of Citizen Parents

The fact that one or both parents may have been citizens of the United
States at the time of a child's birth in a foreign country, or may have
become naturalized citizens of the United States after the child's birth is
not enough in itself to give United States Citizenship automatically to the
child. Additional conditions which must be satisfied by the parents and child
affect the question of whether the child becomes a citizen. For more
information on who is a citizen automatically, please refer to Part 7,
Certificates of Citizenship for children and wives of citizens. A child who
is under 18 years of age and a lawful permanent resident, who is not a
citizen automatically through the parents, may nevertheless become a citizen
if an application for naturalization is filed by the citizen parent on behalf
of the child under certain conditions.

(1) The citizen parent must file an "Application for
Naturalization," Form N-400, with the required fee.

(2) The child is required to submit a fingerprint chart, Form FD-258,
if 14 years of age or older.

(3) The child's naturalization -- admission to citizenship -- must be
completed before the child's 18th birthday.

The child and a parent (not necessarily the parent who filed the
application on behalf of the child) would be required to appear at an oath
ceremony to be administered the oath of allegiance, unless the child is of
tender years, in which case the administration of the oath may be waived.

The child does not have to:

(1) speak, read, or write English;

(2) know about the history and form of government of the United States;
or

(3) have lived or been physically present in the United States or in a
State for any particular length of time after admission for permanent
residence.

Naturalization of Adopted Children of Citizen Parents

A child who is adopted by a citizen parent or parents does not
automatically become a United States citizen.

A child adopted either in the United States or abroad by two citizen
parents (or only one parent if the parent is unmarried) and admitted to the
United States as a lawful permanent resident before reaching the age of 18
years may naturalize if the child:

(1) is under 18 years of age;

(2) was adopted before reaching the age of 16 by the citizen parent(s);

(3) is residing in the United States in the custody of the adopting
citizen parent(s), pursuant to a lawful admission for permanent residence;

(4) at least one of the citizen parents files Form N-643,
"Application for Certificate of Citizenship in Behalf of an Adopted
Child," before the child reaches the age of 18, with the Immigration and
Naturalization Service; and

(5) the parents are be citizens at the time of filing the application.

The child is not a citizen until the N-643 is approved.

The child may also be naturalized under the procures outlined in the
section entitled Naturalization of Children. This would be the only procedure
available if the parents wish to change the child name as a part of the
naturalization or if the adoptive parents are married and only one is a
United States citizen.

Former United States Citizens

The only former citizens of the United States who are granted any
exceptions from the requirements for naturalization in Pads 2 and 3 are
persons who lost their United States citizenship during World War II as a
result of service in the armed forces of certain foreign countries and women
who lost their United States citizenship as a result of marriage to aliens.
Both of these classes are discussed below:

Veterans of Foreign Armed Forces

Any person who:

(1) lost United States citizenship between September 1, 1939 and
September 2, 1945;

(2) as a result of service between September 1, 1939 and September 2,
1945 in the armed forces of a foreign country; and

(3) fought against a country with which the United States was at war
after December 7, 1941 and before September 2, 1945, may become a citizen of
the United States if he or she meets all of the requirements for
naturalization in Parts 2 and 3 except:

(a) the application for naturalization does not have to be filed in the
place where he or she lives, but it can be filed in any Service office; and

(b) he or she can be naturalized without having resided and
without" having been physically present in the United States or any
State for any particular length of time after admission for permanent
residence.

American Women Who Married Aliens

As a general rule, a woman automatically lost her United States
citizenship if, before September 22, 1922, she married an alien, or her
husband was naturalized in a foreign country, or if, between that date and
March 3, 1931, she married an alien who was not of the white race or African
race. In each of these instances, she lost her citizenship if she entered
into the marriage with the intention of relinquishing her United States
citizenship.

If citizenship was lost by such marriage, there are simplified ways in
which United States citizenship and the rights of citizenship may be
regained. However, not all cases follow the same procedure. For example, some
women who were native-born citizens and whose marriages either ended before
January 13, 1941, or who remained in the United States after the marriages,
have been automatically given back their United States citizenship, but they
must take an oath of allegiance to the United States before they can do what
only a citizen can do, such as vote. Others must file an application for
naturalization in order to get back their United States citizenship, but they
are exempt from some of the requirements in Parts 2 and 3, such as from any
particular period of residence and physical presence in the United States.

Any woman who was the wife of an alien at any time during the periods
stated above and who wants advice about her citizenship may get it at the
nearest office of the Immigration and Naturalization Service or, if she is
abroad, at the nearest American Consulate.

Service Members of the Military or Veterans

An alien who has served or is serving in .the armed forces of the
United States does not automatically become a citizen of the United States.
Like other aliens, such alien must apply for naturalization and be admitted
to citizenship. However, depending upon such matters as the period during
which he or she served, the length of service, and other factors which will
be mentioned below- he or she may be exempt from some of the requirements
other aliens must meet.

Military Service During Certain Periods

A person who has served honorably and actively in the armed forces of
the United States, no matter how briefly, during any part of the periods:

(a) April 6, 1917 to November 11, 1918;

(b) September 1, 1939 to December 31, 1946;

(c) June 25, 1950 to July 1, 1955;

(d) February 28, 1961, to October 15, 1978; or

(e) October 25, 1983 to November 2, 1983 (for qualifying active duty in
the geographic area of Grenada campaign), and who is not within any of the
below listed ineligible classes is exempt from the following requirements.

(1) No lawful admission for permanent residence is required if he or
she was inducted, enlisted or re enlisted at any time in the United States,
the Panama Canal Zone, American Samoa, or Swains Island. If he or she did not
at any time enter into such armed forces in one of the places mentioned he or
she must have been lawfully admitted for permanent residence before he or she
can be naturalized.

(2) He or she need not have resided or been physically present in the
United States or any State for any particular length of time.

(3) He or she does not have to file the application in the place where
he or she lives, but can file it in any Service office.

(4) He or she may be naturalized regardless of the fact that the person
has been ordered deported from the United States.

Ineligible Service Members

The following persons do not qualify for the special naturalization
exemptions discussed immediately above:

(1) veterans who were discharged at their request because of alienage;

(2) conscientious objectors who performed no military duty whatever or
refused to wear the uniform; or

(3) veterans who were once naturalized on the basis of the same period
of military service and have since lost their citizenship.

The fact that a person is ineligible for naturalization as such a
veteran does not mean that he or she may not be naturalized under the general
naturalization laws applicable to other classes of aliens. He or she may
still qualify for naturalization if able to meet the naturalization requirements
applicable to other aliens.

Service for Three Years

Veterans who have been lawfully admitted to the United States for
permanent residence and who have served honorably at any time for as much as
three years, and who have received an honorable discharge, are entitled to
certain exemptions from the requirements stated in Parts 2 and 3 if they come
within one of the following classes:

(1) When Three Years' Service Continuous. A person who has served
honorably at any time in the armed forces of the United States for a
continuous period of three years and who applies for naturalization while
still in the service or not later than six months after discharge from
service may be naturalized:

(a) without having resided and without having been physically present
in the United States for any particular length of time;

(b) without filing the application for naturalization in the place of
residence, it may be filed in any Service office; and

(c) regardless of the fact that the person has been ordered deported from
the United States.

(2) When Three Years' Service Not Continuous. A person who has served
honorably at any time for three years but whose service is made up of short
periods of service, instead of one continuous period, and who applies for
naturalization while still in the service or not later than six months after
discharge from service is entitled to the exemptions stated in (b) and (c)
immediately above. However, for any part of the five years just before he or
she files the application for naturalization and which is between the periods
of service, he or she will have to prove residence and the other
qualifications for naturalization.

(3) Application Made More Than Six Months After Service Ends. A person
who has the three years of honorable service but who fails to apply for
naturalization until more than six months after such service has ended is not
qualified for the exemptions stated in (1) above and must comply with all the
requirements in Parts 2 and 3 except that:

(a) all service within five years of the date when filing the
application is considered residence and physical presence in the United
States; and

(b) the fact that the person has been ordered deported from the United
States does not in itself bar him or her from becoming a citizen.

If a service member for any reason is unable to qualify for the
exemptions given to these veterans he or she may nevertheless be naturalized
under the naturalization laws applicable to other classes of aliens if those
requirements are met.

Note to persons with three years of service who must apply for
naturalization within six months after discharge: the application must be
filed with the Service office within the six month period.

Mariners

A merchant mariner whose employment aboard a vessel requires absence
from the United States is exempt in part from the general residence and
physical presence requirements for naturalization. He or she has the right to
count the time of service as a merchant mariner outside the United States if
such service was not as a member of the armed forces of the United States and
it meets the-below listed conditions.

(1) It was performed on board a vessel:

(a) operated by the United States or one of its agencies and owned by
the United States;

(b) with its home port in the United States and registered under the
laws of the United States; or

(c) with its home port in the United States and owned by a citizen of
the United States or a corporation organized under the laws of a State.

(2) It was performed:

(a) honorably or with good conduct;

(b) after lawful admission to the United Sites for permanent residence;
and

(c) within five years of the date of filing the application for
naturalization.

Employees of Organizations Promoting United States Interests Abroad

A person who has been lawfully admitted to this country for permanent
residence and who thereafter is employed abroad by a United States
incorporated non profit organization which is principally engaged in
conducting abroad through communications media the dissemination of
information which significantly promotes United States interests abroad and
which is recognized as such by the Attorney General, may take advantage of
special naturalization exemptions. Examples of such an organization are Radio
Free Europe, Inc., Radio Liberty Committee, and Radio Marti.

Such a person is not required to reside or to be physically present in
the United States (see pages 7, 8, 9, and 10) for any particular period of
time before becoming a citizen, if the following conditions are met

(1) he or she has been employed by the organization continuously for at
least five years after becoming a permanent resident;

(2) the application is filed with the Service office while the
applicant is still employed, or within six months after leaving such
employment; and

(3) upon becoming a citizen, the employee must intend to take up
residence in this country as soon as the foreign employment ends. If the
applicant is no longer employed by the organization at the time of filing the
application, then he or she must intend to continue living in the United
States upon becoming a citizen.

Posthumous Citizenship

Posthumous citizenship may be granted to an alien or non citizen
national of the United States who died as a result of injury or disease
incurred in, or aggravated by service, in the United States Armed Forces
during a specified period of military hostilities.

This is an honorific action which does not confer any benefits nor make
applicable any provision of the Immigration and Nationality Act to the
surviving spouse, parent, son, daughter, or other relative of the decedent.

The decedent's nearest relative, or a properly appointed
representative, may request this benefit on Form N-644, "Application for
Posthumous Citizenship," with the required fee.

Naturalization and Citizenship Paper Lost, Mutilated or Destroyed, or
Where Name has been Changed Part 5

A person whose "Declaration of Intention" or whose
certificate of naturalization/citizenship has been lost, mutilated or
destroyed, or naturalized person whose name has been changed by a court or by
marriage after naturalization, may apply for a new declaration or
certificate. The application, Form N-565 "Application for a New
Naturalization or Citizenship Document," can be obtained without charge
from the nearest office of the Immigration and Naturalization Service. It
should be filled out, following the instructions and then taken or mailed to
that office with the required photographs and fee. No currency should be sent
in the mail. That office will then take the action necessary with regard to
issuing the new document and will inform the applicant further.

Declaration of Intention
Part 6

Before the present naturalization law came into effect on December 24,
1952, persons generally were required to file a declaration of intention to
become a citizen of the United States -- which was known as the "first
paper" -- and then had to wait for not less than two years before they
could take the next step toward becoming a citizen of the United States, that
is, before they could file a petition for naturalization. Since 1952 a
declaration of intention is no longer required before a person can become a
citizen, and an application for naturalization may be filed as soon as the
required residence and other qualifications for citizenship have been met.

The law still permits the "Declaration of Intention," to be
filed, if one is needed for such reasons as getting certain employment or
license of some kind. The only requirements are that the person be at least
18 years old and lawfully admitted to the United States for permanent
residence. The declaration may be filed at any time after admission for
permanent residence and in any Service office.

The person is not required to be able to read, write, and speak English
or to pass any examination on the history and form of government of the
United States, and he or she may sign the declaration in any language or by
mark.

The application is Form N-300, "Application to File Declaration of
Intention." This form may be obtained from the nearest office of the
Immigration and Naturalization Service or, possibly, from a social service
agency in the community. It is filed with the nearest office of the
Immigration and Naturalization Service. Form N-300 requires three photographs
and payment of a fee as described in the application.

Certificates of Citizenship for Children and Wives of Citizens
Part 7

Many persons, though not born in the United States or ever naturalized
as United States citizens, may be citizens as a result of their-relationship
to a United States citizen. The conditions under which a person may have
become a citizen have varied from time to time and, therefore, differ so much
from case to case that they cannot all be presented in detail within this
pamphlet. However, we will attempt to identify the general rules of acquiring
citizenship through a parent or spouse.

A child born in a foreign country of one or two United States citizen
parents may acquire United States citizenship automatically at birth if
certain conditions are fulfilled:

(1) both parents are United States citizens at the time of the child's
birth and one of the parents has resided for any length of time in the United
States or its outlying possessions before the child's birth;

(2) one parent is a United States citizen and the other is an alien and
the citizen parent was physically present in the United States or its
outlying possessions for a period or periods totaling 5 years before the
child's birth, and at least two of those five years were after the citizen
parent was 14 years old. If a child was born before November 14, 1986, these
physical presence requirements for the parent are different, generally, at
least ten years of physical presence is required; and

(3) time served abroad in the following capacities can be counted by
the citizen parent in order to satisfy the requirement of prior physical
presence in the United States:

(a) honorable service in the United States armed forces;

(b) employment by the United States government;

(c) employment by an international organization associated with the
United States; and

(d) physical presence abroad as a dependent unmarried son or daughter
and member of the household of a person employed abroad in one of the above
categories.

It must be noted that the laws in effect at the time of birth of the
child will determine whether acquisition will occur. In addition, different
rules may apply if a child was born illegitimate.

As discussed in part 2, a child born in a foreign country of alien
parents, or adopted by alien parents, may have become a United States citizen
automatically after birth, without having himself or herself applied for
naturalization, if one or both of his or her parents became naturalized
before the child reaches a certain age It must be noted that the law in
effect at the time of the parent's naturalization will determine if the child
becomes a citizen.

Currently, a child who is a lawful permanent resident, under 18 years
of age and unmarried may automatically derive citizenship of the United
States through the parents under certain conditions:

(1) a child whose parents are lawful permanent residents becomes a
United States citizen-on the date that the last parent is naturalized before
the child's 18th birthday;

(2) a child who has one of the natural parents already a citizen, and
the other natural parent becomes naturalized before the child's 18th
birthday;

(3) a child whose surviving parent, or the parent exercising legal
custody where the parents are legally separated or divorced, is naturalized
before the child's 18th birthday, regardless whether the other parent was or
is an alien; or

(4) an illegitimate child whose mother naturalizes before the child's
18th birthday and paternity has not been established.

If only one of the child's parents naturalizes and the other remains a
permanent resident, the child does not derive citizenship. Instead, the
citizen parent may file a separate Application for Naturalization (N-400) on
behalf of the child if the citizen parent wants the child to become a citizen
before the second parent naturalizes.

An adopted child, however, does NOT become a citizen of the United
States automatically, through adoption by citizen parents. See the information
in Part 4 regarding the naturalization of adopted children.

Also, women who married citizens of the United States before September
22, 1922, or whose husbands became citizens during the marriage and before
September 22, 1922, may have automatically become citizens of the United
States as a result of their marriages. Consequently, persons who need
additional information along these lines should communicate with any office
of the Immigration and Naturalization Service.

Persons who have become citizens automatically may be issued
certificates of citizenship by the Immigration and Naturalization Service in
their own names, showing that they are citizens through their husbands or
parents. A person who desires to obtain such a certificate (including a parent
or guardian of a child too young to act for himself or herself) may submit an
application on Form N-600, "Application for Certificate of
Citizenship," to the nearest office of the Immigration and
Naturalization Service. The filing of the application is an entirely
voluntary matter, however, and the failure to submit it does not in any way
affect a person's citizenship.

The applicant should be prepared to submit in connection with the
application evidence of birth, marriage, death, divorce, and other essential
matters in the form of certificates or documents which will prove the claim
to citizenship through marriage or through parents. Detailed instructions
regarding the nature of the proof needed in each case are included in the
application form.

Legalizing Stay In the United States
Part 8

In the cases of some foreign-born persons who are in the United States,
them are no records showing admission for permanent residence, or at least no
records can be found. These persons may have been brought here during childhood
and may never have known just when or how they came; or they may have come
here as visitors or other temporary non immigrant class and decided to stay;
or they may have entered unlawfully.

Since no records of lawful admission for permanent residence can be
identified, they cannot become citizens of the United States until such
records have been made. An alien eligible for citizenship and not within a
class barred from the United States under the immigration laws, such as
criminals and other immoral persons, subversives, smugglers, and persons
unlawfully connected with narcotics who have resided in the United States
since before January 1, 1972, can have a record of lawful admission to the
United States for permanent residence created if they are persons of good
moral character. The application is Form I-485, "Application for
Permanent Residence." This form, together with information about the
procedure to be followed, may be obtained from the nearest Immigration and
Naturalization Service office. The required fee, photographs and supporting
documents must be filed with the nearest Immigration and Naturalization
Service office.

If an applicant can prove that he or she has been in the United States
since before July 1, 1924, the record of admission will be made as of the
date of actual entry into the United States and he or she will be able to
apply for naturalization without completing any more residence in the United
States. If an applicant did not come to the United States until on or after
July 1, 1924 but before January 1, 1972, the record of admission will be made
as of the date the application is approved, and he or she will then have to
complete whatever additional residence and physical presence in the United
States are required for naturalization.

Persons who claim to have entered the United States on or after January
1, 1972, should ask for information and advice from the nearest office of the
Immigration and Naturalization Service or a social service agency.

Offices of the Immigration and Naturalization Service
Part 9

The following is a list of offices of the Immigration and
Naturalization Service from which information concerning matter referred to
in this pamphlet may be obtained. (* Indicates District Offices):

Agana, Guam 96910                
Charlotte, NC 28217
801 Pacific News
Bldg.,                
6 Woodlawn Green,
238 O'Hara St.
                                
Room 138

Albany, NY
12207                
*Chicago, IL 60604
James T. Foley Federal
                
10 West Jackson Blvd
Courthouse, Room
220                
445 Broadway

Albuquerque, NM
87103                
Cincinnati, OH 45202
517 Gold Ave. S.W.,
                
550 Main Street,
Room 1010, P.O. Box 567
                
Room 8525

*Anchorage, AK 99501
                
*Cleveland, OH 44199
7581
                                
                
Anthony Celebreeze
620 East 10th Ave.,
                
                
Federal Building
Suite 102
                                                
1240 E. 9th Street,
                
                
                                
Room 1917

Atlanta, GA 30303
                
*Dallas, TX 75247
77 Forsyth Street, S.W.
                
8101 N. Stemmons
Room G-85
                                                
Freeway

*Baltimore, MD 21201
                
*Denver,CO 80239-2804
Equitable Tower
                
                
4730 Paris Street
100 South Charles,
                
                
Albrook Center
12th Floor

*Boston, MA 02203
                
*Detroit, MI 48207-4381
JFK Federal Building
                
333 Mt. Elliott St.
Government Center

*Buffalo, NY 14202
                
*El Paso,TX 79901
68 Court Street
                
700 E. San Antonio St.
                                                
P.O. Box 9398-79984

Fresno, CA 93721-2816
                
*Los Angeles, CA
865 Fulton Mall
                                
90012
                                                
300 N. Los Angeles Street

*Harlingen, TX 78550
                
Louisville, KY 40202
2102 Teege Road
                
Room 604, Gene
                                                
Snyder Courthouse
                                                
601 West Broadway

Hartford, CT 06103-3060
                
Memphis, TN 38103-
Ribicoff Federal Bldg                           
3815
450 Main Street
                                
245 Wagner Place
                                                
                
Suite 250

*Helena, MT 59626
                
*Miami, FL 33138
Federal Bldg., Rm 512                 
7880 Biscayne Blvd.
301 South Park, Drawer
10036

*Honolulu, HI 96813
                
Milwaukee, WI 53202
595 Ala Moana Blvd.
                
Federal Building,
                                                
Room 186
                                                
517 E. Wisconsin Av.

*Houston, TX 77060
509 North Belt

Indianapolis,IN 46204
                
*Newark, NJ 07102
Gateway Plaza, Room 400
                
Federal Bldg.,
950 North Meridian St.
                
970 Broad Street

Jacksonville, FL 32202
                
*New Orleans, LA
400 West Bay Street
                
70113
Room G-18
                                
Postal Service Bldg.
P.O. Box 35029
                                
701 Loyola Avenue
                                                                
Room T-8005

*Kansas City, MO 64153
9747 North Conant Ave.
                
*New York, NY 10278
                                                                
26 Federal Plaza

Las Vegas, NV 89101
300 Las Vegas Blvd.
Room 1430

Norfolk, VA 23510
                
Sacramento, CA 95814
Norfolk Fed. Bldg.
                
711 "J" Street
200 Granby Mall
Room 439

Oklahoma City, OK
                
Salt Lake City, UT
73108
                                                
84101
149 Highline Blvd.
                
230 W. 400 South St
Suite 300

                                                
*San Antonio, TX
*Omaha, NE 68144
                         
78239
3736 South
                                
8940 Fourwinds Drive 132nd St.

                                               
* San Diego, CA
*Philadelphia, PA
                
92188
19130
                                
880 Front Street
1600 Callowhill St

*Phoenix, AZ 85004
                
* San Francisco, CA
2035 N. Central Ave.
                
94111-2280
                                                
630 Sansome Street

Pittsburgh, PA 15222
RM 2130 Federal Bldg.
                
San Jose, CA 95113
1000 Liberty Avenue
                
280 South First St.
                                                
Room 1150

* Portland, ME 04103
739 Warren Avenue
                
*San Juan, PR 00936
                                                
P.O. Box 365068

* Portland, OR 97209
Federal Office Bldg.
                
*Seattle, WA 98134
511 N.W. Broadway
                
815 Airport Way, S.

Providence, RI 02903
                
Spokane, WA 99201
203 John O. Pastors
                
691 U.S. Courthouse
Federal Building
                                
Building

Reno, NV 89502                 
St. Albans, VT 05478
712 Mill Street
                
Federal Building
                                                
P.O. Box 328

St. Louis, MO 63103-2815
Robert A. Young
Federal. Building
1222 Spruce Street

*St. Paul
Bloomington, MN 55425
2901 Metro Drive
Suite 100

Tampa, FL 33609
5509 W. Gray Street
Suite 113

*Washington, DC
Arlington, VA 22203
4420 N. Fairfax Dr.





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