Guide · Immigration
Naturalization and Citizenship: A Comprehensive Guide to Eligibility, Good Moral Character, and the Interview
8 U.S.C. § 1401
- Type
- Guide
- Jurisdiction
- National
- Date
- 2025-02-21
- Topic
- Immigration
This guide is a working reference to naturalization and citizenship for applicants, advocates, and counsel. It begins with the pre-filing screen, because applying opens the entire immigration history to review and some applicants should wait or not apply at all. Eligibility chapters treat each requirement separately, with detailed treatment of the distinction between continuous residence and physical presence, the absence presumptions and how they are rebutted, and the preservation-of-residence application that must be filed before an absence reaches a year. Good moral character receives extended treatment, including the permanent and conditional bars and the discretionary residual category, along with the tax, selective service, and support issues that surface at interviews. Testing chapters cover the English and civics requirements and the age, residence, and medical disability exemptions that are chronically unclaimed. Separate chapters address spouses of citizens, military provisions, and derivative citizenship for people who are already citizens. Procedural chapters cover the interview, denial, the administrative hearing, judicial review, and the delay remedy.
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