Eligibility confirmation must when filing US citizenship application
Main requirement for an applicant who is filing the US citizenship application is to be a lawful permanent resident and above 18 years of age during naturalization. Also though the applicant has a permanent resident card if the status of lawful permanent resident was not obtained legally the applicant is not eligible for US citizenship. Also at the time of filing applicant must have resided continuously in the US for minimum 5 years as a LPR. But 90 days prior to reaching the five years continuous period of residence the naturalization application can be filed.
General Requirements under INA 316
All the applicable requirements of the conditional residence provisions must have been met by aconditional permanent resident (CPR) who is filing for naturalization under the general provision based on his or her permanent resident status for five years. All the conditions on the resident status must have been removed for CPRs to be eligible for naturalization. If not removed it means that in accordance with all applicable Immigration and Nationality Act (INA) provisions the CPR was not admitted to US for permanent residence. The applicant's Form I-751, Petition to Remove the Conditions of Residence must first be approved and only then the applicant remains will be eligible for naturalization.
Who are given exception?
Documents for evidence
As evidence for his/her status Permanent Resident Card is issued to each person admitted lawfully for permanent residence by USCIS. As evidence to their status lawful permanent residents (LPRs) who are over 18 years of age should have their Permanent Resident Card (PRC). The date and the classification under which the person was given LPR status are provided in the Permanent Resident Card. But to establish that the applicant has been lawfully admitted for permanent residence in agreement with all applicable provisions of the INA the PRC alone, however, is insufficient.
Continuous residence for at least five years needs to be met by a naturalization applicant. This means an applicant should have maintained a residence as permanent place of dwelling in United States for the required period according to the legal order. Generally the actual physical location of the applicant regardless to their intentions whether he/she declare it as his or her residence is the applicant's residence.
General Requirements under INA 316
All the applicable requirements of the conditional residence provisions must have been met by aconditional permanent resident (CPR) who is filing for naturalization under the general provision based on his or her permanent resident status for five years. All the conditions on the resident status must have been removed for CPRs to be eligible for naturalization. If not removed it means that in accordance with all applicable Immigration and Nationality Act (INA) provisions the CPR was not admitted to US for permanent residence. The applicant's Form I-751, Petition to Remove the Conditions of Residence must first be approved and only then the applicant remains will be eligible for naturalization.
Who are given exception?
- For non-citizen nationals of the United States law provides an exception to the LPR requirement for naturalization. This means persons who are born in outlying possessions of the United States like American Samoa or Swains Island currently are considered to be nationals of the United States. Applicant who has become a resident of any such State and also fulfills the applicable requirements of naturalization laws may be naturalized though he/she is a non-citizen national of the United States and also does not establish lawful admission for permanent residence. As defined in the INA these nationals are not "aliens" and a Permanent Resident Card (PRC) is not possessed by them.
US armed force personnel are exempted from the LPR requirement if they are members with service under specified conditions.
Documents for evidence
As evidence for his/her status Permanent Resident Card is issued to each person admitted lawfully for permanent residence by USCIS. As evidence to their status lawful permanent residents (LPRs) who are over 18 years of age should have their Permanent Resident Card (PRC). The date and the classification under which the person was given LPR status are provided in the Permanent Resident Card. But to establish that the applicant has been lawfully admitted for permanent residence in agreement with all applicable provisions of the INA the PRC alone, however, is insufficient.
Continuous residence for at least five years needs to be met by a naturalization applicant. This means an applicant should have maintained a residence as permanent place of dwelling in United States for the required period according to the legal order. Generally the actual physical location of the applicant regardless to their intentions whether he/she declare it as his or her residence is the applicant's residence.
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