Citizenship
US Citizenship Application – Form N-400
Form N-400 is the application for obtaining US Citizenship (naturalization). The Form N-400 is used by Lawful Permanent Residents (green card holders) over the age of 18 who meet the eligibility requirements to apply for Citizenship.
A completed Form N400 (Citizenship Application) has to be filed along with photos and supporting documents. A green card holder who is above 18 years of age and meets other eligibility requirements can file N400 form. Becoming a U.S. citizen has many advantages including the right to vote and the ability to sponsor relatives to come to the United States.
What are the basic eligibility requirements for Lawful Permanent Residents (“green card” holders) for filing the N400 citizenship application?
The applicant must be age 18 or older at the time of filing N400.
The applicant is a permanent resident (“green card” holder) with valid green card for a period of the past 5 years. If married to U.S. Citizen you may apply after 3 years with valid green card. One exception prevails – if an applicant has served in the United States armed forces during war, that individual may obtain US citizenship without first becoming a permanent resident if they were in the United States upon enlistment into the U.S. military.
Applicants wanting to obtain US Citizenship must have maintained continuous residence in the United States for at least five years immediately preceding the applicant’s filing for citizenship with form N-400. Continuous residence is not the same thing as physically being present in the United States. An applicants must maintain status as a legal permanent resident (green card holder), but does not necessarily have to be physically in the United States to accomplish this. For instance, if individual is overseas for a portion of this period, maintaining a U.S. address and paying one’s state and federal taxes may help to provide continuity of residence for this eligibility requirement. If the applicant plans to be abroad for several months, it may be wise to file Form I-470, Application to Preserve Residence for Naturalization Purposes, prior to departing the U.S. in order to preserve their continuous and physical residence status. If the applicant is married to a U.S. citizen, only three years of continuous residence is required before filing N400 based on marriage in obtaining the green card.
NOTE: It is required that physical presence is established within the U.S. for a total of at least one half of the period of required continuous residence. That is, two and a half years for most applicants and one and a half years for spouses of U.S. citizens.
The applicant must have resided at least three months at their primary residence within the state where the N400 is submitted before filing their US citizenship application.
The applicant must be able to read, write and speak ordinary English unless they are physically unable to do so due to a disability such as being blind or deaf, or suffer from a developmental disability or mental impairment. Individuals over 50 years of age on the date of filing who have lived in the U.S. for a total of at least 20 years after admission as a permanent resident and those individuals who are over 55 years of age and have been legal permanent residents for at least 15 years are also exempt from this requirement.
An applicant applying for US citizenship must have a general knowledge of the fundamentals of U.S. history and government.
The applicant must be a person of good moral character and willing to abide by the principles of the U.S. Constitution.
When can a Lawful Permanent Resident or Green Card holder apply for US Citizenship?
A Green Card holder may apply for US citizenship if they are at least 18 years of age and have been a permanent resident of the United States:
For at least 5 years; or
For at least 3 years, if the applicant is married to and continues to reside with a U.S. citizen spouse; or
The applicant is currently serving honorably in the U.S. military, with at least 1 year of service, and they are applying for citizenship while in the military, or within 6 months of discharge.
Certain spouses of U.S. citizens, and those who served in the U.S. military during a past war or are serving currently in combat may be able to file for citizenship sooner than noted above.
Other Related Information on Citizenship
National Citizenship for Seniors
Generally citizenship is seen as the relationship between an individual and a particular nation. In ancient Greece, the main political entity was the city-state, and citizens were members of particular city-states. In the past five hundred years, with the rise of the nation-state, citizenship is most closely identified with being a member of a particular nation. To some extent, certain entities cross national boundaries such as trade organizations, non-governmental organizations as well as multi-national corporations, and sometimes the term “citizen of the world” applies in the sense of people having less ties to a particular nation and more of a sense of belonging to the world in general.
In modern times, citizenship policy is divided between jus sanguinis (“right of blood”) and jus soli (“right of soil”) nations. A jus sanguinis policy grants citizenship based on ancestry or ethnicity, and is related to the concept of a nation state common in Europe. A jus soli policy grants citizenship to anyone born on the territory of the state, a policy practiced by many countries in the Americas, including the United States. Many countries have a hybrid birthright requirement of local nativity and citizenship of at least one parent.
Citizenship can also commonly be obtained through marriage to a person holding the citizenship (jure matrimonii), or through naturalization .
Further information: Nationality law
[edit] Supranational citizenship
In recent years, some intergovernmental organizations have extended the concept and terminology associated with citizenship to the international level,[2] where it is applied to the totality of the citizens of their constituent countries combined. Citizenship at this level is a secondary concept, with rights deriving from national citizenship.
[edit] Commonwealth citizenship
The concept of “Commonwealth Citizenship” has been in place ever since the establishment of the Commonwealth of Nations. As with the EU, one holds Commonwealth citizenship only by being a citizen of a Commonwealth member state. This form of citizenship offers certain privileges within some Commonwealth countries:
* Some such countries do not require tourist visas of citizens of other Commonwealth countries.
* In some Commonwealth countries resident citizens of other Commonwealth countries are entitled to political rights, e.g., the right to vote in local and national elections and in some cases even the right to stand for election.
* In some instances the right to work in any position (including the civil service) is granted, except for certain specific positions (e.g. defense, Governor-General or President, Prime Minister).
Although Ireland left the Commonwealth in 1949, it is often treated as if it were a member, with references being made in legal documents to ‘the Commonwealth and the Republic of Ireland’, and its citizens are not classified as foreign nationals, particularly in the United Kingdom.
Canada departed from the principle of nationality being defined in terms of allegiance in 1921. In 1935 the Irish Free State was the first to introduce its own citizenship (However, Irish citizens were still treated as subjects of the Crown, and they are still not regarded as foreign, even though Ireland is not a member of the Commonwealth; Murray v Parkes [1942] All ER 123). The Canadian Citizenship Act which came into effect on January 1, 1947 provided for a distinct Canadian Citizenship, automatically conferred upon most individuals born in Canada (with certain exceptions) and defined the conditions under which one could become a naturalized citizen. The concept of Commonwealth citizenship was introduced in 1948 in the British Nationality Act 1948. Other Dominions adopted this principle, in New Zealand, in the British Nationality and New Zealand Citizenship Act 1948. Citizenship has replaced allegiance, a more than symbolic change.
Citizenship most usually relates to membership of the nation state, but the term can also apply at subnational level. Subnational entities may impose requirements, of residency or otherwise, which permit citizens to participate in the political life of that entity, or to enjoy benefits provided by the government of that entity. But in such cases, those eligible are also sometimes seen as “citizens” of the relevant state, province, or region. An example of this is how the fundamental basis of Swiss citizenship is citizenship of an individual commune, from which follows citizenship of a canton and of the Confederation. Another example is Åland where the residents enjoy a special provincial citizenship within Finland, hembygdsrätt.
The United States has a system of dual citizenship where one is a citizen of the state of residence as well as a citizen of the United States. State constitutions may grant certain rights above and beyond what are granted under the US Constitution and may impose their own obligations including the sovereign right of taxation and military service (each state maintains at least one military force subject to national militia transfer service, the state’s national guard, while some maintain a second military force not subject to nationalization).
[edit] European Union (EU) citizenship
Main article: Citizenship of the European Union
The Maastricht Treaty introduced the concept of citizenship of the European Union. Article 17 (1) of the amended EC Treaty[3] states that
Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.
The amended EC Treaty[3] establishes certain minimal rights for EU citizens. Article 12 of the amended EC Treaty guarantees a general right of non-discrimination within the scope of the Treaty. Article 18 provides a limited right to free movement and residence in Member States other than that of which the EU citizen is a national. Articles 18-21 and 225 provide certain political rights.
Union citizens have also extensive rights to move in order to exercise economic activity in any of the Member States (Articles 39, 43, 49 EC), which predate the introduction of Union citizenship.
[edit] History
The concept of citizenship arose with the first laws.
[edit] Polis citizenship
Main article: Polis
The first form of citizenship was based on the way people lived in the ancient Greek times, in small-scale organic communities of the polis. In those days citizenship was not seen as a public matter, separated from the private life of the individual person. The obligations of citizenship were deeply connected into one’s everyday life in the polis. To be truly human, one had to be an active citizen to the community, which Aristotle famously expressed: “To take no part in the running of the community’s affairs is to be either a beast or a god!” This form of citizenship was based on obligations of citizens towards the community, rather than rights given to the citizens of the community. This was not a problem because they all had a strong affinity with the polis; their own destiny and the destiny of the community were strongly linked. Also, citizens of the polis saw obligations to the community as an opportunity to be virtuous, it was a source of honour and respect. In Athens, citizens were both ruler and ruled, important political and judicial offices were rotated and all citizens had the right to speak and vote in the political assembly.
However, an important aspect of polis citizenship was exclusivity. Citizenship in ancient Greece and Rome, as well as Medieval cities that practiced polis citizenship, was exclusive and inequality of status was widely accepted. Citizens had a much higher status than non-citizens: Women, slaves or ‘barbarians’. For example, women were seen to be irrational and incapable of political participation (although some, most notably Plato, disagreed). Methods used to determine whether someone could be a citizen or not could be based on wealth (the amount of taxes one paid), political participation, or heritage (both parents had to be born in the polis).
In the Roman Empire, polis citizenship changed form: Citizenship was expanded from small scale communities to the entire empire. Romans realised that granting citizenship to people from all over the empire legitimized Roman rule over conquered areas. Citizenship in the Roman era was no longer a status of political agency; it had been reduced to a judicial safeguard and the expression of rule and law. (See Civis romanus sum.)
[edit] Medieval and early modern citizenship
During European Middle Ages, citizenship was usually associated with cities, see burgher, Great burgher and Bourgeoisie. Nobility used to have privileges above commoners (see aristocracy), but the French Revolution and other revolutions revoked these privileges and made citizens.
[edit] Honorary citizenship
Some countries extend “honorary citizenship” to those whom they consider to be especially admirable or worthy of the distinction.
By act of United States Congress and presidential assent, honorary United States citizenship has been awarded to only seven individuals. Honorary Canadian citizenship requires the unanimous approval of Parliament. The only people to ever receive honorary Canadian citizenship are Raoul Wallenberg posthumously in 1985, Nelson Mandela in 2001, the 14th Dalai Lama, Tenzin Gyatso in 2006, Aung San Suu Kyi in 2007 and Prince Karim Aga Khan in 2009.
In 2002 South Korea awarded honorary citizenship to Dutch football (soccer) coach Guus Hiddink who successfully and unexpectedly took the national team to the semi-finals of the 2002 FIFA World Cup. Honorary citizenship was also awarded to Hines Ward, a black Korean American football player, in 2006 for his efforts to minimize discrimination in Korea against half-Koreans.
American actress Angelina Jolie received an honorary Cambodian citizenship in 2005 due to her humanitarian efforts. Cricketers Matthew Hayden and Herschelle Gibbs were awarded honorary citizenship of St. Kitts and Nevis in March 2007 due to their record-breaking innings in the 2007 Cricket World Cup.
In Germany the honorary citizenship is awarded by cities, towns and sometimes federal states. The honorary citizenship ends with the death of the honoured, or, in exceptional cases, when it is taken away by the council or parliament of the city, town, or state. In the case of war criminals, all such honours were taken away by “Article VIII, section II, letter i of the directive 38 of the Allied Control Council for Germany” on October 12, 1946. In some cases, honorary citizenship was taken away from members of the former GDR regime, e.g. Erich Honecker, after the collapse of the GDR in 1989/90.[citation needed]
In Ireland, “honorary citizenship” bestowed on a foreigner is in fact full legal citizenship including the right to reside in Ireland, to vote etc.
According to the Chapter II, Article 29, Paragraph ‘e)’ of the Cuban Constitution, Cuban citizens by birth are those foreigners who, by virtue of their exceptional merits won in the struggles for Cuba’s liberation, were considered Cuban citizens by birth.[4] Che Guevara was made an honorary citizen of Cuba by Fidel Castro for his part in the Cuban Revolution, of which Guevara later renounced in his well known farewell letter.[5]
Historically, many states limited citizenship to only a proportion of their population, thereby creating a citizen class with political rights superior to other sections of the population, but equal with each other. The classical example of a limited citizenry was Athens where slaves, women, and resident foreigners (called metics) were excluded from political rights. The Roman Republic forms another example (see Roman citizenship), and, more recently, the nobility of the Polish-Lithuanian Commonwealth had some of the same characteristics.