Border Lines

American Citizenship

American immigration law is highly complex and constantly changing, and the key to smooth citizenship processing requires educating oneself about the process. The citizenship application process is made up of 10 STEPS:

(1) Applicant Gathers Documents & Fills Out N400 Form
(2) Applicant Signs Citizenship Application and Prepares Attachments and Fee of $675.00
(3) Applicant Submits Citizenship Application to U.S. Dept. of Homeland Security
(4) Applicant Receives Official Receipts Acknowledging Successful Submission
(5) Applicant Receives Biometrics Appointment Letter to Give Fingerprints/Photo
(6) Applicant Studies for Citizenship Interview Tests (Information on www.uscis.gov)
(7) Applicant Practices for Citizenship Interview
(8) Applicant Attends Citizenship Interview
(9) Applicant Receives Oath Ceremony Notice
(10) Applicant Attends Citizenship Oath Ceremony

Citizenship Interview

The citizenship interview usually takes place about 6-12 months after the citizenship application is submitted - the timing of the interview depends on where the applicant lives in the United States. At the conclusion of the 10-15 minute citizenship interview (which is held at the U.S. Dept. of Homeland Security office nearest to the applicant’s residence) if all of the applicant’s paperwork is in order and the test questions have been answered correctly, the Department of Homeland Security Officer has the authority to tell the applicant that he/she passed and will be scheduled for the Citizenship Oath Ceremony (usually scheduled within a month).

The Citizenship Test Will Change Soon

Beginning October 1, 2008, the questions on the citizenship test, which currently has 100 questions, will be changed. All applicants who file for citizenship on or after October 1, 2008 will be required to take the new test. There are some applicants, because they are elderly or have a disability, who may not have to take the citizenship test. In addition to the 100 question test, the applicant must also read one sentence in English and write one sentence in English.

Citizenship is Sometimes Delayed Due to Background Security Checks

The FBI’s biggest customer for fingerprint and name checks is the U.S. Department of Homeland Security. The fingerprint checks are generally finished very quickly. However, the FBI uses old technology and workers without enough training to do the security checks on people applying for citizenship.

The U.S. Department of Homeland Security sent the FBI more than 2 million requests for name checks, and 3.2 million requests for fingerprint checks in 2007. The FBI blames the backlog on the decision to recheck 2.7 million names after the 9/11 terrorist attacks. Generally, if a citizenship application gets delayed for too long due to FBI background checks, the best solution is to file a lawsuit in federal court to resolve the matter.

What If the Applicant Has a Criminal Arrest or Conviction?

Some criminal arrests and convictions disqualify an applicant for citizenship and others do not. Judges view each crime differently and sometimes it depends on the state where the crime allegedly occurred. The bottom line is that the Officer won’t grant citizenship while a criminal case is still pending, or if a person is still on probation. For some crimes, merely filing for citizenship causes the Officer to not only deny citizenship but to take a green card (Lawful Permanent Resident card) away.

Calculation of Time Abroad

The requirements for American Citizenship include a period of both “continuous residence” and “physical presence” in the United States. Different, and sometimes complicated, calculations are used for each requirement.

Traveling Abroad While the Citizenship Application is Pending

Applicants should not have any problems traveling abroad when the citizenship application is pending. Of course, they should have a valid passport (from the country of which they are still a citizen) and their green card (Lawful Permanent Resident I-551 Card) to re-enter the United States. After the citizenship interview (but before the Citizenship Oath Ceremony) applicants are still considered Lawful Permanent Residents.

Dual Citizenship

American law does not really mention dual citizenship (citizenship of two countries at the same time) or require a person to choose between American citizenship and another citizenship. Dual citizens who have two passports (an American passport and a passport from another country) owe allegiance to both the United States and the foreign country, and are required to obey the laws of both countries. American citizens, even ones with dual citizenship, are required to use a U.S. passport to enter and leave the United States, but are allowed to use their foreign passport at other times without endangering their American citizenship.

Changing the Applicant’s Name at the Citizenship Oath Ceremony

If an applicant wishes to change part or all of his/her name, they may request on the citizenship application that it be done by the Judge officiating over the Citizenship Oath Ceremony. When the applicant picks up their Certificate immediately after the ceremony, an official name change document should be attached. At the conclusion of the Citizenship Oath Ceremony when the new U.S. Citizen receives his/her certificate they are not only eligible for apply for a U.S. Passport but eligible to vote for the new President of the United States!