U.S. Citizenship

There are four ways in which a person can become a U.S. citizen. The first is when the person is born in the U.S. or its territories ("Jus Soli"). The second and third way in which a person can become a U.S. citizen is through derivative citizenship or through acquisition of citizenship (summarily called “Jus Sanguinis”). The person derived their citizenship when their parents become naturalized citizens in the U.S. and they are under the age of 18 at that time. A person acquire U.S. citizenship is he or she is born outside the U.S. through one or both U.S. citizen parents. Naturalization law is different for those who were born before the enactment of the Child Citizenship Act of 2000. The Act allows certain foreign-born, biological, and adopted children of USC to acquire citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs). Finally, a permanent residence (green card holder) may be naturalized to become a U.S. citizen through naturalization or through expedited naturalization.

Naturalization Requirements

Naturalization is the process where an alien becomes a US citizen. In order for an alien to go through the naturalization process, the alien has met the following requirements:

U.S. Permanent Residence & At Least 18 Years of Age – The foreign national must be at least 18 and had been a permanent residence to be naturalized. 

Continuous Residence – An foreign national must reside in the U.S. for a continuous period of 5 years after lawful admission to the U.S. as a permanent resident. If the foreign national is married to a U.S. citizen, then the continuous residency period is 3 years. A prolonged absence from the U.S. may break the continuous residence, such as remaining outside the U.S. for more than 180 days under USCIS’s regulations. Foreign nationals that planned to travel more than 6 months abroad, such as to work or for humanitarian purposes, must take necessary steps, by filing form N-470 and obtained an approval prior to departure. Furthermore, residency for at least three (3) months in the State is required prior to filing an application for naturalization.

Physical Presence – Even if the alien obtained an N-470 prior to traveling abroad, to be naturalized, the alien must demonstrate that he/she has been physically presence in the U.S. for at least 30 months out of the 60 months (5 years) required under continuous residency. Thus, if the alien makes only 2 trips outside the U.S., but that the total amount spent out side the U.S. is 31 months during the last 60 months, the alien is not qualified to be naturalized.

Good Moral Character & Attachment to The U.S. Constitution  – To be naturalized, the permanent resident must have good moral character and attachment to principles of the U.S. Constitution. An alien can fail to meet this requirement in the following circumstances based on certain acts or convictions. Please contact our Houston naturalization lawyers and our Houston naturalization attorneys for more information regarding good moral character. Though similar, it is different from crimes involving moral turpitude (CIMT).

Knowledge of U.S. History and Government – The applicant must possess knowledge and understanding of the fundamentals of U.S. history and government. USCIS’ current practice asks for specific questions and a specific answer must be provided by the applicant. In general, those exempt from the English requirement must still meet this requirement with the exception of those that are qualified for naturalization waivers. 

Language Requirement – The applicant must have an ability to read, write, and speak ordinary (simple) English. This is determined an immigration officer in the naturalization interview. As stated above, the language requirement does not apply to those that are qualified for Medical Disability Waiver under INA section 312. Also, the English requirement is also waived for those who are at least 50 years old at the time of filing and lived in the U.S. as a permanent resident for at least 20 years; or those who are at least fifty-five years old and lived in the U.S. as a permanent resident for at least 15 years. Please contact the experienced Houston naturalization attorneys and the Houston naturalization lawyers at Pham & Cloves, PLLC for assistance in preparing naturalization applications and preparation for your naturalization interview.

Applicants for naturalization must be utmost careful before filing their applications. Applicants should consult an experienced Houston naturalization attorney or an experienced Houston naturalization waiver lawyer prior to filing for their naturalization application, especially those with criminal convictions. A naturalization application will allow the USCIS an opportunity to review, not only your qualifications for naturalization, but also to see if you are a removable alien. Contact our Houston naturalization lawyers for assistance and for more information. Our managing partner, Mr. Steven Tuan Pham, had previously provided N-648 application (Medical Disability Waiver) seminar and sensitivity training to USCIS naturalization officers in April of 2007. Mr. Pham is an experienced naturalization attorney that is respected by the Vietnamese and South Asian communities and the Houston USCIS District Office. Please contact our Houston naturalization attorneys and our Southwest Houston naturalization lawyers at www.houston-immigration-attorneys.com for assistance in your naturalization application. 

Our Houston naturalization lawyers and our Houston naturalization attorneys assist clients in the Houston Texas area, as well as nation-wide, including Dallas, Fort Worth, Plano, Las Colinas, San Antonio, Corpus Christi, The Valley, and Tyler. In addition, our experienced Houston Immigration Attorneys and our Houston Immigration Lawyers have assisted clients from England (the U.K.), Belgium, Germany, Denmark, United Arab Emirates (UAE), Pakistan, Iraq, Kenya, South Africa, India, Bangladesh, Sri Lanka, Nepal, Vietnam, The Philippines, Indonesia, Thailand, Cambodia, Japan, and Korea. Our experienced Houston Vietnamese immigration attorneys are fluent in Vietnamese and our Houston Filipino lawyers are fluent in Tagalog and our office also has language skills to assist clients who speak Spanish, Nepalese, and Hindu. Please contact one of our Houston naturalization law firm and speak directly with our U.S. naturalization attorneys and lawyers for a personal consultation.