US CITIZENSHIP & NATURALIZATION

US citizenship is the right of anyone born in America. But through the process of naturalization, an immigrant can pledge allegiance and legally adopt the US as their homeland. Once a citizen you enjoy the many rights as this nation has to offer. For that reason, it is not easily obtained. There are a few very rare cases in which a person goes straight from having no status or a temporary visa to getting US citizenship, but typically the first step towards citizenship is the approval of permanent residency.

Before September 2002, the agency that was charged with overseeing immigration issues was the Immigration and Naturalization Service (INS). In September 2002, Congress passed and President Bush signed the Homeland Security Act - which transferred the powers of the INS to the Department of Homeland Security. The immigration and citizenship service functions of the INS are now placed under the Bureau of Citizenship and Immigration Services (BCIS).

NATURALIZATION

When an individual takes actions to become a legal U.S citizen, this is called naturalization. In most circumstances, the person seeking to be naturalized has held a green card (permanent visa) for a long period of time before she or he takes the steps towards naturalization.

Through the process of naturalization, an immigrant can become a US citizen. A minimum 5-year residency in the US is required in most case before a resident can apply for citizenship.

The process involves a background check and an exam, in addition to meeting other eligibility requirements. Any problems discovered during the background check can result in legal action, loss of green card or deportation. A naturalized US citizen has virtually the same rights as a native-born American citizen.

BECOMING A US CITIZEN

After 5 years of residency, you can apply for citizenship. Specific criteria for eligibility must also be met. An applicant must be at least 18 years old, be able to speak, read and write English, have made the US their residence for the required number of years, etc. There are exceptions to some of the requirements, though. Applicants over 50 may be exempted from having to speak English, for example.

APPLICATION PROCESS

The application process is extensive. The INS will fingerprint you and investigate your background and entire immigrant history. If any violations or criminal activity are discovered, you can be denied citizenship, lose your green card, be deported or face other legal action. Each applicant must also take an exam, usually consisting of about 20 questions about, ranging from the colours of the US flag to the duties of the US Congress.

The higher your education, the more likely you are to get the tougher questions. After passing the exam and a final interview, you will receive an appointment for a swearing-in ceremony. Following the ceremony, in which you swear your loyalty to the United States and its Constitution, you will finally be a US citizen.

You will then be given a certificate to prove your US citizenship, which you can use to apply for a passport. You can also then sponsor immediate family members outside the US for residency in the United States.

If you don't pass any of the criteria for citizenship, you'll usually be granted a second chance. Some issues can be resolved by simply providing more documents to prove your eligibility. But failing the exam usually means a longer delay. People who fail the basic English test, for example, are given 90 days for studying before being re-interviewed. If you don't pass the second time, citizenship is denied and you'll have to reapply.