US Citizenship Eligibility Requirements

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U.S. citizenship requirements states that, you can obtain U.S. citizenship either by birth or by law. You acquire U.S. citizenship by birth, if you were born in the U.S. or if your parents are U.S. citizens. Obtaining U.S. citizenship by law is through naturalization.

Per USCIS, you must meet the U.S. citizenship requirements to apply for citizenship. The U.S. citizenship requirements include the continuous physical presence requirements and certain general requirements.

U.S. citizenship requirements

To be eligible for U.S. citizenship, the following U.S. citizenship requirements should be satisfied:

  • You should be at least 18 years old.
  • You should be a lawful permanent resident of the United States.
  • You should have resided in the U.S. for at least three to five years and half of the time should be spent in the U.S.
  • The U.S. citizenship requirements states that, if you are married to a U.S. citizen, you can apply for U.S. citizenship after three years of residence in the United States. All others can apply for citizenship only after five years.
  • You have resided in the U.S. from the time you filed your application for U.S. citizenship.
  • You should take an oath, that you are attached to the U.S. constitution.
  • You should have proficient knowledge and fluency in English.
  • You should have knowledge concerning the history, role and functioning of the U.S. government including answering 10 of the 100 possible Citizenship Test Questions
  • You should not be involved in any crime.
  • You should meet the continuous physical presence requirements

Continuous physical presence requirements

If you are married to a U.S. citizen, the following continuous physical presence requirements should be met:

  • You should live physically with your spouse.
  • You should have lived together with your spouse for at least three years before you apply for U.S. citizenship and take the naturalization examination.
  • You should have been physically present in the U.S. for at least 18 months.
  • You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.
  • Your spouse should be a U.S. citizen during the period you have applied for citizenship till the date of examination.

The following are the continuous physical presence requirements for those who are not married to a U.S. citizen:

  • You should have been physically present in the U.S. for at least 30 months.
  • You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.

Physical presence is different from Continuous residence. Physical presence is the number of days you were physically present in the U.S. Continuous residence is the time you resided lawfully in the U.S. without any long absence. If you are physically absent from the United States for one year, you will lose your continuous residence requirement, unless the absence is excused. The U.S. citizenship process is not easy, you have to meet the above requirements to be eligible to apply for citizenship.


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Refugee or Asylum Seekers Criteria for US

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The US Immigration Policy on Asylum Seekers is a comprehensive report on the fundamentals of the US asylum policy. Individuals may seek asylum to the US if they are in fear of being persecuted because of their inclusion in a social group, nationality, political viewpoint, race, or religion. Other highlights of the US asylum policy guidelines can be found in this report.

Asylum Proceedings

The two methods for seeking asylum are an affirmative asylum proceeding and a defensive asylum proceeding. Aliens already in the US apply for asylum with the US Citizenship and Immigration Services through an affirmative asylum proceeding. This method entails a USCIS officer to review the application, the testimony of the alien, and the condition of the country the alien is seeking asylum from.

A defensive asylum proceeding is sought through the Executive Office for Immigration Review during a deportation proceeding. If an individual seeks asylum at a US port and expresses a fear of persecution, their application will be considered through the defensive asylum proceeding if he or she is deemed credible.

Aliens seeking asylum must begin apply within one year of their entry into the US unless there is a change of circumstances which can cause the time period to change. Approximately 1,000 asylum cases are allowed in the US per year.

Current policy dictates the distinction between credible fear of persecution and a well-rounded fear of persecution the alien may claim. Credible fear is a significant amount of fear demonstrated by the alien which can be substantiated.

Reasons to be barred from Asylum

Aliens can be barred from asylum because of the following reasons:

• The alien has resided in another country before arriving in the US;
• The alien had participated in any way in the persecution of another person;
• The alien had been convicted of a serious crime,
• The alien would pose a security threat; and
• The alien belongs to a terrorist organization or has engaged in terrorist activity.

Guest Author

Kenneth G. Wincorn, P.C
Dallas immigration attorney