The Road to Citizenship: What To Expect from the Process
Mark Twain once said, “citizenship is what makes a republic, monarchies can get along without it.” Captured in a small phrase, Twain conveyed the responsibility and necessity of citizenship to a country that operates as a republic. People understand that citizenship comes with its benefits but it is also wrought with responsibilities and duties to live a moral and just life. The value of U.S citizenship is known around the world, it’s why millions of people are applying for it in any given year.
A question we get asked frequently is, how do I become a U.S citizen? The truth is there are several answers and the road to citizenship can vary slightly depending on your circumstances, nationality, immigration status, and other factors. So we thought we’d take a close look at the process, how it has evolved, and what it might mean for you and your road to citizenship.
So, What is the Process of Obtaining Citizenship?
The process is often referred to as the naturalization process and it refers to the steps that must be taken in order to gain citizenship of the United States. This process has been about 200 years in the making. In those 200 years, the naturalization process has gone through many changes and revisions.
Where it Began
The U.S. began regulating and setting rules for immigration as soon as it was a free nation and independent from England. Yet immigration policy has been anything but static, as it has often ebbed and flowed, depending on what’s going on in the world. Policy has changed as world conflicts have transpired, refugee crises have arisen, population shifts, etc.
In 1790, the Naturalization Act was put in place. The process was still under the control of individual states. It was here that there was a residency standard set across the board and the rules said 2 years. Back in 1790, however, the policy excluded non-white individuals from eligibility to naturalize and required one to be a “free white person” and of “good moral character.” Five years later, the two years would be extended to five years of residency—a number that remains constant today. There was a brief period of time, however, during a time of heightened turmoil in the nation, that the number of residency years required was raised to 14 years. This happened in 1798 but was changed back to five years in 1802.
In 1870, the rights of citizenship were extended to those of African origins. A few years later, in 1875, there were some important restrictions on the immigration process. Some of these included bans on criminals, people with contagious diseases, polygamists, anarchists, beggars, and those who imported prostitutes. Other kinds of restrictions would begin to pop up as well, some limiting immigration from Chinese immigrants and many Asian countries, as there has been quite an influx from these places.
By the early 1900s, the nation’s immigration policies began trying to shift the flow of current patterns. They began capping total annual immigration and putting quotas on certain nationalities. The policies tended to favor northern and western European countries.
Immigration in the Modern Era
The Immigration and Nationality Act (INA) was created in 1952. This is the basic body of immigration law. And in 1965, there was the landmark Immigration and Nationality Act which was quite an overhaul of the system and imposed a lot of new restrictions and regulations. This Act created a system that favored family reunification and skilled immigrants, rather than quotas based on nationality. At this point, there were also some restrictions placed on immigrants coming from the Western Hemisphere, particularly the Latin American countries. Also in the late 60s, provisions that allowed people who served in the U.S Armed Forces during conflicts like the Vietnam War were eligible for an expedited process of naturalization.
What Does the Process Look Like Today?
Today’s naturalization process depends a lot on your current circumstances and immigration status. The laws today state that you must have five years as a lawful permanent resident in the United States prior to filing. Also, you must have been physically present in the U.S for at least 30 months out of the previous five years.
While the 5-year rule is a standard, there are a few exceptions. If a person is married to a U.S. citizen, employees of the federal government (including the Armed Forces), certain research institutes and other public international institutions. In any of these circumstances, the 5-year requirement is lowered to three years.
There is also a much-feared civics test that forms part of the naturalization process. This test consists of questions that pertain to America’s history, its founders, laws, and more. While it is often a feared part of the process, with the proper preparation, it should be no big deal. We can help guide you through it!
Get On the Exciting Journey to Citizenship With Proper Guidance
Becoming a U.S citizen is a great honor. Setting off on the journey can be quite intimidating, however. This is why you want to have an experienced attorney at your side. Here at Rios, Parada & Seañez, we guide our clients through the entire immigration policy and help them deal with any special cases or exemptions that might apply to them. Doing the process wrong can cost you the opportunity and valuable time. Give us a call today and join this great nation.