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.