Are You Eligible to Apply For U.S. Citizenship

You and the Law

By Murray D. Bilfield,

Attorney at Law

1-800-ABOGADO

Are You Eligible to Apply For U.S. Citizenship

It was recently reported that there are more than 8 million legal permanent residents in the U.S. who are eligible immediately to apply for U. S. citizenship (naturalization).

What are the basic requirements to apply?

· Age 18 or older (special requirements if less than 18-years-old)

· Permanent resident for 5 consecutive years, or 3 years if married to a U.S. citizen, but no single absence from U.S. for more than one year (there are some additional exceptions)

· Good moral character

· Basic knowledge of U.S. history and government

· Read, write and speak basic English (there are some exceptions)

· Take oath of allegiance

Naturalization: waivers, exceptions and special cases

The following are special circumstances which may result in certain waivers and exceptions of the normal residency requirements:

· Spouses of U.S. citizens

· U.S. citizen spouse employed by any of the following:

o U.S. government (including U.S. Armed Forces);

o American research institutes recognized by the Attorney General;

o Recognized U.S. religious organizations;

o U.S. research institutions;

o American firm engaged in the development of foreign trade and commerce of the United States; or

o Certain public international organizations involving the United States

· Foreign born children of U.S. citizens

· Veterans of U.S. Armed Forces

· Lawful permanent residents with three years U.S. military service

· Naturalization applicants who have served honorably in any specified period of armed conflict with hostile foreign forces, which include

o World War I and World War II

o Korean Conflict

o Vietnam Conflict

o Operation Desert Shield/Desert Storm

o Operation Enduring Freedom

o Any other period which the President designates as a period in which the Armed Forces of the U.S. are or were engaged in military operations involving armed conflict with hostile foreign forces

One word of caution. In the United States an individual who is only a "notario publico" is not a lawyer and cannot give legal advice, and cannot represent you at USCIS proceedings. Be very careful about trusting your important immigration applications and documents to a non-lawyer. In much of Lain America most notario publicos are also lawyers. That is not true in the United States. There have been many cases where notario publicos have passed themselves off as lawyers and caused significant problems for the individuals filing with USCIS.

Please note that this column contains general legal information and is not intended to provide solutions to specific cases. Every case is different and requires individual review by an attorney of your own choosing, licensed in your state.

Editor's Note: Murray D. Bilfield is the managing partner of the Cleveland, Ohio law firm of Bilfield & Associates Co., L.P.A. Specific questions may be directed to him at 1-800-ABOGADO.