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NATURALIZATION REQUIREMENTS

Table of Contents

Part I

1 General Information

2 How to Apply for Naturalization

Filing the Application--Fingerprints

Citizenship of Applicant's 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 applicant's 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 Applicant's 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 nonresident

alien for the purpose of gaining certain benefits under the

income tax laws. In order to become a nonresident 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 nonresident 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 reentry permit or other

document, for which permanent residents are eligible; may

become inadmissible to the United States if seeking readmission

as a returning resident with a reentry 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

nonresident 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 reentry permit to

use to come back to the United States after the absence.

The reentry 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 applicant's 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 applicant's 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 reenlisted 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 nonprofit 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

noncitizen 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 amy 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 nonimmigrant 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 Frnot 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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