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NATURALIZATION REQUIREMENTS AND GENERAL INFORMATION

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 any 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 Front 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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