I’ve asked Edna Yang, general counsel with Political Asylum Project of Austin, to answer questions received by her office about obtaining citizenship. – Luke Ellis
How does someone become a citizen of the U.S.?
Generally, a person becomes a U.S. citizen at birth if he or she is born in the U.S. or, in certain circumstances, if his or her parents are U.S. citizens. A person can also naturalize and become a U.S. citizen if he or she:
• is 18 years old;
• is a legal permanent resident;
• has resided continuously as an LPR in the U.S. for at least five years prior to applying with no single absence from the U.S. of more than one year;
• has been physically present in the U.S. for at least 30 months out of the previous five years;
• can show that he or she has been a person of good moral character for five years prior to the filing of the application;
• can pass a basic civics, history, and English exam;
• and demonstrates an attachment to the principles of the U.S. Constitution by taking an oath of allegiance.
Some individuals may be able to naturalize and become U.S. citizens after only three years with LPR status, for example, if they are married to a U.S. citizen or if they received their LPR status under the Violence Against Women Act.
How can someone help a family member legalize his or her status in the U.S.?
If you are a U.S. citizen and over the age of 21, you can petition to legalize the status of certain members of your family, such as your spouse, children, parents, or siblings. In addition, LPRs can also petition for their spouses and their children.
Are there any laws that help victims of family violence who may not have a status in the U.S.?
Yes. The Violence Against Women Act allows individuals who are married to or the children of abusive LPRs or U.S. citizens to legalize their immigration status without the help of their abusive family member. There are other laws that exist to help victims of family violence and other violent crimes.
PAPA can assist people who are interested in any of these kinds of applications or anyone who needs a consultation regarding their current immigration status.
This article appears in June 20 • 2008.