Ask the Leader-Call

By Steve Sanders, countyreporter@laurelleadercall.com

September 06, 2008 02:04 pm

— Q. Since the Immigration and Customs Enforcement raid at Howard Industries, many readers have asked Leader-Call reporters about the process of becoming a legal United States citizen or if illegal immigrants can become citizens.
A. United States citizenship can be obtained in one of four ways: Birth in the U.S. or its territories; birth to U.S. citizen parents; naturalization or naturalization of one’s parents.
People born in the United States retain their citizenship even if they live in another country for a long period of time – unless they renounce their citizenship.
U.S. citizenship can also be “inherited.” If a person’s parents or grandparents were born in the United States – and the person in question was born in another country – that person’s citizenship has been passed down the family line.
When parents become naturalized U.S. citizens, their minor children with green cards automatically gain U.S. citizenship.
A child born on American soil automatically gets U.S. citizenship, unless the child is born to a foreign government official who is in the United States as a recognized diplomat. Anyone born with U.S. citizenship retains it for life unless he or she deliberately gives it up — for example, by filing an oath of renunciation. A newborn's status is generally unaffected by the legal status or citizenship of that individual's mother or father.
General naturalization requirements include:
• At least 18 years old.
• Must have been lawfully admitted to the United States for permanent residence. “Lawfully admitted” is defined as “been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.”
• Resided continuously as a lawful permanent resident in the U.S. for at least five years prior to filing, with no single absence from the U.S. of more than one year.
• Has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period).
Applicants must show that they have been a “person of good character” for the statutory period prior to filing. Applicants are permanently barred from naturalization if they have ever been convicted of murder, convicted of an aggravated felony, convicted of a crime involving “moral turpitude,” convicted of two or more offenses for which the total sentence imposed was five years or more, convicted of an controlled substance except for a single offense of simple possession of 30 grams or less of marijuana, etc.
There are also patriotic requirements. Applicants must show they are attached to the principles of the U.S. Constitution, and also must be read, write, speak and understand words in common usage in the English language.
An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States.