Jennifer Gagliardi - U.S. Citizenship For Dummies

This chapter gives you an overview of your immigration options, helps you understand the benefits and disadvantages of becoming a U.S. citizen, and shows you what to expect during the process. Although we go into more detail later in the book, this chapter helps you determine what your immigration and citizenship goals are and shows you how best to pursue them.

Becoming a U.S. citizen carries important duties and responsibilities as well as rights, rewards, and privileges. Before you make the decision to pursue U.S. citizenship, you need to be aware of what you stand to lose and what you stand to gain and be sure that you’re ready to fulfill all the obligations of a good citizen.

Naturalization refers to the process by which immigrants become citizens. In most cases, if you were not born in the United States, you must be naturalized to become a U.S. citizen.

When you become a U.S. citizen, you must give up all prior allegiances to other countries. Although nobody will care if you root for your birth country in a soccer match (actually, some soccer fans may care, but the U.S. government certainly won’t), you won’t be able to defend that country against the United States in times of conflict or war. You must also be willing to serve your new country, the United States of America, when required. What this means is that if the United States is at war or in the midst of some other type of crisis, you need to be willing to take up arms or otherwise aid the U.S. military effort in whatever capacity is needed.

Giving up your allegiances to other countries doesn’t necessarily mean you have to give up your citizenship in other countries. You may be able to maintain your original citizenship(s) and hold U.S. citizenship (having citizenship in more than one country is known as dual citizenship ). The United States allows dual citizenship (though it is disfavored). Some countries do not allow dual citizenship. If you are a citizen of such a country, you will likely give up your citizenship upon naturalizing to U.S. citizenship. This information may affect your decision to apply for U.S. citizenship. To find out if your citizenship can be affected, check with the embassy of each country where you have or are considering citizenship.

Furthermore, giving up your allegiance to other countries does not mean that you must stop speaking your native language, teaching your children about your culture, or practicing your religion. These are gifts to be shared not only with your friends and family but also your fellow Americans.

The United States Constitution, the country’s most important document and essentially the rulebook for how the U.S. government runs, guarantees all people living in the United States, whether U.S. citizens or not, certain rights. Freedom of religion and speech, the right to peaceable assembly, and the right to a fair trial if you’re ever accused of a crime are all important freedoms guaranteed to everyone in the United States.

U.S. citizens, both born and naturalized, however, are eligible for many additional benefits based on their status as U.S. citizens. These include the following:

The right to vote and, therefore, to have a voice in government

The right to hold elected office (except for the offices of president and vice president, which are reserved for natural-born citizens)

Certain government jobs

Scholarships and/or grants

The ability to petition for immediate relatives to join you in the United States without being subject to visa limits

Protection from forced removal from the country

Certain types of public assistance

When you become a naturalized U.S. citizen, you must take the Oath of Allegiance. The Oath of Allegiance is your promise to the government and the people of the United States that you will

Give up any prior allegiances to other countries.

Support and defend the Constitution and the laws of the United States against all enemies.

Support, defend, and obey the laws of the United States.

Serve the United States, if required, in times of war or national emergency. You may be called to serve in the military or help U.S. military efforts in some capacity.

Swear allegiance to the United States.

In addition to the responsibilities outlined in the Oath of Allegiance, U.S. citizens have other important duties:

Serving on a jury: One of the most important rights in the United States is the right to a trial by a jury in most cases. Serving on a jury when asked is an important obligation of U.S. citizens in order to protect the U.S. system of justice, in which the power still rests with the people. Although there is a small chance you may never be called to report for jury duty, know that if you do receive a notice to report, you’re legally compelled to do so. Failure to report for jury duty can result in a fine, jail time, or both.

Voting: The United States has a government of the people, by the people, and for the people. The ultimate political authority is not in the hands of the government or of any single government official — instead, the ultimate political authority is in the hands of the people. Citizens of the United States have the right to change or abolish the government or to amend the Constitution. U.S. citizens exercise their power by voting for elected representatives.

Being tolerant of others: Some people say that the United States is a “melting pot,” the assimilation of many different peoples to create one people; others say that the United States is more like a “tossed salad,” a medley of different cultures — each separately identifiable — while still enhancing the common culture. People living here need to be tolerant of all races, religions, and cultures.

Although you aren’t legally compelled to perform some of these duties — for instance, no one will take you to jail if you don’t exercise your right to vote — you will deprive yourself of the important benefits of living in the United States if you don’t participate.

Before you can even think about becoming a naturalized citizen of the United States, you must be a lawful permanent resident of this country. A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. Most adult applicants (those 18 or older) must have been lawful permanent residents of the United States for the five years prior to applying for citizenship. If you’re married to and living with your U.S. citizen spouse, and your permanent residence is based on that marriage, the residence requirement drops to three years, as long as your spouse has been a citizen for the three years prior to your application. (We go over the eligibility requirements for naturalization in further detail in Chapter 3.)

If you were admitted or paroled into the United States by an immigration officer, you were issued or received a Form I-94, Arrival/Departure Record, which shows a specific date when you are required to leave. People who stay in the United States illegally for over 180 days past the I-94 Departure Date and then leave the United States can be barred from reentering the country for at least three years. If the period of unlawful presence was less than a year, then the bar applies for three years (unless you leave voluntarily after removal proceedings start). If the period of unlawful presence was for a year or more, the bar is for ten years.